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    • yes when you get your N180 from the court. on the sols copy omit phone/sog/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'.
    • Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself. i dont suppose he said what the enforcement was for?   The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.   In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?   We should find out what the bailiff may say to try and justify his actions.    
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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
      • 1 reply
    • 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/
      • 49 replies

Unaware of CCJ


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Dear CAG

I’m desperately trying to improve my credit rating and therefore checked on noodle.co.uk what my score was and found that there was a CCJ I had no idea about. The name listed is close to mine but both the first and surname are mis-spelt.

The claimant was a tenant but I know nothing else of the claim. I have tried to contact him but there’s been response.

How do I get this off my record?

Thank you.

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Ring northants bulk

Ask for a copy of the CCJ and the claim form by email pdf

Name issues won't get it removed if it's a legitimate claim

What's it for?

 

moved to legal forum

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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I am not sure but there was a dispute between myself and the tenant about bills and I withheld monies from his deposit.

I didn’t receive any communication like a LBCA.

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did he know your correct address...

you shouldn't be withhold deposits like that AFAIK.

but get the info first then we'll be able to advise.

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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Thread moved to General legal Issues Forum....please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 4 months later...

I have since contacted the former tenant and he is no longer in the country and isn't going to cancel the CCJ nor is he going to try to challenge my attempt at setting this judgement aside or enforce the judgement. 

 

It has however effected my credit score and I need to address this before I can apply for a mortgage.

 

Can you please advise?

Thanking you in advance.

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Once it has been set aside, you will have a clean slate. You should then take steps to make sure that the judgement is removed from your credit file

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Thank you. So other than applying to set outside and relaying the information above is there anything I need to include in my statement that would ensure the judge agrees to set this CCJ aside? 

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it would help your application if you could get the claimant to consent to the set a side.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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So what defence do you rely on in support of the application to set a side?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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I will send a copy of the lodgers agreement,

a table that lists all the monies owed and paid for,

copies of the bills that were outstanding the other lodgers paid for.

 

I’m also relying on the fact that pre-court proceedings were not followed,

that I had a different address which I will prove from a letter I received from the Department of Work and Pensions

and that the name the claim is against only approximates to mine.

The claim was therefore incorrectly addressed to an unknown name. 

 

The claimant also has failed to provide a breakdown of how these figures have been reached.

It’s ludicrous to state that I owe him over £2300 when the monthly rent was £700 and he stayed for 6 months and had a £1000 deposit.

 

Even if you disregard the outstanding bills / damages due he is claiming he overpaid by 50% I.e. effectively his rent, after refunding him his deposit, was £150 per month.

 

This doesn’t fit with current London rental rates.

 

I hope this will demonstrate the absurdity of this claim. 

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