backdoor cabot/restons CCJ - or old o2 debt

[jon_b]

Hi All,

 

I was hoping to get a little bit of advice if possible.

 

I recently did a credit report and was disappointing to see a CCJ on my account.

 

I telephone the court today (took 2 days to get through!), and eventually spoke to someone who I gave the reference number to, she gave me the creditor and their solicitors. I was advised to telephone the solicitor to obtain more information. The firm I contacted were Restons Solicitors.

 

The lady I then spoke to was the rudest person I've ever had the misfortune to communicate with! Ever!

 

She tried to get all kinds of information out of me, including my employer! I refused to give her anymore information other than what was on the judgement.

 

She said it was for an 02 mobile phone bill, which was defaulted in 2012. The amount is £678!

 

Firstly, I'm not sure I've ever actually had an 02 mobile phone, but since the contract was apparently taken out 8 years ago, I'm not 100% sure on the matter. Frankly, I've no memory of it.

 

I knew nothing of the CCJ, and was never given the opportunity to defend myself. I asked the lady at Restons to give me further information, and she wouldn't... just said that I have to pay right now, or she'll send bailiffs! Luckily, I didn't give her my current address!

 

The judgement was issued on 11/05/2017.. when I had already moved from my previous address, and thus was not aware of it at all.

 

Restons Solicitors did tell me that their client was Cap Quest Investments. They have allegedly purchased the debt from Telefonica 02 UK Ltd.

 

My concern is that I knew nothing about the debt. I'm not even sure it's legitimately my debt!

 

If push comes to shove, and I have to pay it then I will.. as it's really not a large sum of money. But I don't want the CCJ on my record. I'm going to be looking for a mortgage in the next few years, and as such I don't want it to go against me.

 

The court said that I can file a N244 form, pay £255 and ask a district judge to set aside the judgement.

 

My query is, should I do this? Do I have enough grounds to realistically get the CCJ set aside? And if they do agree to set aside the CCJ, I understand I'll still be chased by Restons/Cap Quest? What's to stop them just going for another CCJ? Or sending bailiffs to my house (they'll likely see my new address from court proceedings?).

 

Does Statute Barre come into play here? Since it's likely to be 6 years from default by now?

 

Any help would be greatly appreciated.

 

Many thanks,

Jon

[BankFodder]

I'm a bit surprised that the court was behaving in the way you say. You need to find out all about the claim so you should call again – hopefully will speak to someone else – and asked them for a copy of the claim form and any other documents. Ask them to email them to you

[renegadeimp]

It wasnt the court that behaved like that BF. It was restons.

[AndyOrch]

The lady I then spoke to was the rudest person I've ever had the misfortune to communicate with! Ever! Well this is Restons

 

She tried to get all kinds of information out of me, including my employer! Good job you didnt respond...Attachment of Earnings would be on its way

 

I asked the lady at Restons to give me further information, and she wouldn't... just said that I have to pay right now, or she'll send bailiffs! If she had an address

[jon_b]

I've found it on my credit file, not only as a CCJ but as a default notice...

 

Default of £526, recorded on 22 July 2012

 

Does that mean, if I get the CCJ Set Aside, on 22nd July this year, the debt will be statute barred?

 

Thanks

Jon

[AndyOrch]

22nd July 2018 the default will fall off your file..its 6th anniversary....it wont be statute barred if you get it set a side....the claim returns to the claim issue date

 

Andy

[jon_b]

Do you mean that me applying to have the CCJ Set Aside, would act as communication within the 6 years? And thus reset the clock? I'm not sure I fully understand what you mean.

 

If it falls off my credit file, can they still chase it?

[dx100uk]

Yes they can still chase even if not in your file

Go ring northants bulk

Ask for a copy of the claiming and the CCJ by email off

 

When was your last payment to o2??

[AndyOrch]

Do you mean that me applying to have the CCJ Set Aside, would act as communication within the 6 years? No And thus reset the clock? No I'm not sure I fully understand what you mean.

 

If it falls off my credit file, can they still chase it? Yes

 

Setting a side a claim does not alter the issue date of the claim...when they issued the claim the debt was not statute barred.....that only happens this July.

 

[jon_b]

Yes they can still chase even if not in your file

Go ring birthdays bulk

Ask for a copy of the claiming and the CCJ by email off

 

When was your last payment to o2??

 

Who are Birthdays Bulk? Not sure what you mean there.

[jon_b]

Setting a side a claim does not alter the issue date of the claim...when they issued the claim the debt was not statute barred.....that only happens this July.

 

 

What I mean is, if I succeed in getting it set aside. Come July, can they still chase me for it? So, if I get it set aside on the grounds that I knew nothing about it... come July, are they still legally allowed to chase me? Or apply for another CCJ?

 

Would I be entitled to have it set aside on these grounds? That I knew nothing about the claim, debt or even the account. I had moved away from the address in question, long before they sent the summons.

 

They had no actual evidence that I even lived at the address they sent the summons to... the address on the original default was from 2012, which is several addresses ago.

[AndyOrch]

Yes they can still chase...they dont need to reapply for another CCJ...you have to defend this claim..... if your able to set a side.

 

Setting a side a CCJ does not make it go away..it simply allows you to enter a defence..... you may still lose and end up with a CCJ..so think carefully before paying that application fee of £225.

[dx100uk]

Who are Birthdays Bulk? Not sure what you mean there.

 

It's my unclever predictive text. Northants bulk court

[dx100uk]

You moved without telling your creditors

They quite legally used the address the mobile was taken out at

Can't see a set aside reason here yet??

[dx100uk]

Thread title updated

[jon_b]

You moved without telling your creditors

They quite legally used the address the mobile was taken out at

Can't see a set aside reason here yet??

 

It’s not that I didn’t tell them. I didn’t know about it. I’ve moved around a lot. The original address was probably 10 or more addresses ago! I was saying that the address that they apparently send the summons to was not the address of the aleged account.

 

My argument is that if I’d have known about this at any of the addresses I’ve lived at is have questioned and likely paid it. But I was not given that opportunity.

 

Can I get it set aside on the basis that I’ve not had the opportunity to discuss this with the creditor up to now?

[AndyOrch]

" Can I get it set aside on the basis that I’ve not had the opportunity to discuss this with the creditor up to now? "

 

Afraid not...but you could speak to that awfully nice woman at Restons again and ask if they would consider by consent to set it a side and you will agree a payment plan with them ?

 

They dont have to agree...they do not know your whereabouts (yet) ...but they do have a few further options to execute the judgment once they catch up.

 

Im not sure you have quite grasped the process yet...once you make application to set a side ...and its allowed for whatever reason then the court will ask you for your defence (they will want a brief synopsis in your application to consider if its viable to set a aside)...what would be your defence to the debt and the reason you dont owe any monies ?

 

Andy

[jon_b]

"Afraid not...but you could speak to that awfully nice woman at Restons again and ask if they would consider by consent to set it a side and you will agree a payment plan with them?

 

Based on their already shady tactics, how would I go about making them stick to this? I can imagine calling them and making this suggestion, then me giving them my address etc... and them not honouring their end of the deal.

[AndyOrch]

You ask them to draft a Tomlin Order (Consent Order)...this is a legal document which is sealed by the court...which will instruct the CCJ is set a aside subject to your agreed payments.

 

Can be done all by email...but if agreed they will honour it....after all its useless without your signature and agreement.

[jon_b]

You ask them to draft a Tomlin Order (Consent Order)...this is a legal document which is sealed by the court...which will instruct the CCJ is set a aside subject to your agreed payments.

 

Can be done all by email...but if agreed they will honour it....after all its useless without your signature and agreement.

 

With a Tomlin Order, do I still have to apply for a set aside and pay the £225?

[AndyOrch]

No...the judgment claimant sets it a side...but you will be charged an extra £100 for the Tomlin Order...which they will add to the balance.

 

Better than paying £255 and not guaranteeing setting a side or defending successfully