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    • I did call student loans and they don't have any record of anything and no details were coming up with the old Student Loans reference number. They were the ones who told me that the loan would have been taken over by Erudia and asked me to call them instead.
    • yes when you get your N180 from the court. on the sols copy omit phone/sig/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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backdoor mobile debt CCJ - Set Aside?


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Hello all, firstly, I want to thank anyone for their time and advice in helping me with this matter, it is truly appreciated.

 

In 2013 I took out a mobile phone contract while at university.

Due to a number of factors, I withdrew from my studies for two years, and moved from the UK.

I had severe financial issues and neglected to make my phone payments during this time.

I subsequently returned to university in the UK, and very regrettably, didn't think about the phone contract again.

During the time I moved addresses numerous times.

 

To make a long story short, a CCJ was issued to a previous address.

I was renting a room from my friend at that address, but had moved out when it was issued.

The CCJ never reached me, and only after checking my credit this week did I discover it had been issued (which was sometime in March of last year).

 

I have done a lot of research on what to do, but it seems like although I never received the CCJ, I should have updated the creditor with details of my address changes.

Being young and dumb, I didn't take the steps I should have and now I live to regret it.

 

My question is thus:

I have not paid the CCJ yet.

What steps should I take?

 

I have read about agreeing with the creditor to set aside the CCJ, but what are the steps involved in this?

I have also read that the court will not necessarily agree to set it aside, even if the creditor consents to this.

 

After many years of university, and overcoming a lot of personal obstacles, I hate to think that because of this CCJ, I will not be able to pursue the career I have studied all this time to go into (which is a career in the legal sector, which I will not be able to enter due to SRA checks).

 

Again, I truly appreciate any help with this.

I'm pretty overwhelmed, and pretty gutted to say the least.

Edited by dx100uk
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1st port of call is to get as many details of what and who you are dealing with.

 

give northants bulk a ring tomorrow

ask for a copy of the Claimform and the CCJ by email PDF.

 

looks like they got the CCJ within 6yrs

and to be honest I cant see either a set-aside reason nor a defence for the actual claim.

 

the claimant wont entertain a mutual set aside as they've done nothing wrong.

and I cant see you being able to do one through the courts for the above reasons either.

 

as its a mobile debt, it will be as all of them are, monthly sums till the end of contract .

but you didn't continue to use their service and were most probably stopped from doing so as it was terminated long before the full term expired but they still charges you and latterly sold such debts on to a debt buyer under a portfolio sale.

 

the relevant authorities are down on record as clearly stating these practices are unfair

and we've won or seen claims remain stayed here for that very reason.

but yours is cut and dried.

 

don't think we've seen anyone try to get a mobile CCJ removed by whatever method and succeed here yet.

 

thread title updated for clarity

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you very much for your reply!

 

I will give them a call tomorrow and gather that information.

I gather that there is nothing I will be able to do then to remedy this situation?

I am able to pay the full amount.

Has anyone been able to agree with the creditor that if they pay the amount in full, they will agree to having it set aside?

 

I'm sorry if I sound naive, I'm just devastated honestly.

 

I feel like this is really seriously going to impact my career opportunities, and while I 100% admit my fault in this, I want to try everything I can to minimise the impact this will have on my job search.

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get the info first

i'm sure there have been a few cases with one or two DCA's in the past whereby they did agree to remove the CCJ as a condition of full payment and I don't think those had to go thru a court, the DCA just did it

i'd have to poke around

 

but its very rare.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
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