Advice Required Please.

[southampton99]

I would be grateful if someone could give me some advice regarding the following;

 

About three and a half years ago a debt collection company took me to court regarding an outstanding credit card debt that they had purchased from a High Street Bank after I got into financial difficulties.

 

The claim was for £11,600 from a card issued in 1993 and they could not provide the original agreement.

With the help of information from this site and having knowledge of the consumer credit act , Carey etc, I defended the claim.

 

On attending the court hearing I pointed out that I had never seen the agreement that they had provided and there was no way I could have signed it.

They asked for an adjournment.

The judge reluctantly agreed due to the amount of the alleged debt, but I felt quietly confident that I could defend this claim.

I actually felt the judge was on my side as he couldn’t have been any fairer and seemed to have excellent knowledge of the relevant legislation.

 

On the next hearing, however, it was a different story.

It was a different judge and they turned up with a barrister and an employee from the banks record department (who had worked for them for only six months).

I felt that from the minute I entered the room the judge had made his mind up already and was just going through the motions.

 

Despite the bank admitting that the first agreement was a computer generated mistake, they had provided another agreement stating that I must have signed back in 1993 in order to obtain a credit card as it was illegal for the bank to issue me a card without it and that they would NEVER break the law.

 

Despite my defence re Carey and the cca etc, the Judge was having none of it and found in their favour.

I then asked about the cardholder repayment amounts on the statements and he stated that I would have to put a claim directly with the bank and that he wouldn’t reduce the amount awarded on the ccj. I have read threads on this site commenting on judge lottery and I think this just so happened to me unfortunately.

 

 I ended up with a judgment for nearly £14,000 with costs, interest and then a charge on my property.

This has put an immense strain on my marriage and has now caused me even more financial difficulties due to the ccj as I’m sure many others on this site have also suffered. 

 

I recently put a claim in direct with the bank for a ppi reclaim regarding the same credit card, not expecting anything, but thought with the deadline looming, what have I got to lose. 

 

To my extreme surprise, they made me an offer and three weeks ago they transferred  £22,500 into my bank account, minus nearly £1500 income tax.

Wow, to say I’m over the moon is an understatement.

 

Sorry for the long winded post but my question finally is,

Three years after the CCJ having been awarded, d

o I have grounds to try and get it set aside and how would I go about it?

 

Surely the bank must have known about the ppi prior to their claim and in fact they owed me money, not the other way round.

 

Many Thanks

S

[AndyOrch]

Hi and Welcome to CAG

 

Firstly well done on the PPI element of this post , excellent result.

 

Now with regards to the second point re set a side the original judgment...what grounds have you got to set a side ?...a PPI payment is irrelevant to the Judgment ?

 

Pay off the CCJ and clear the charging order and you are still £8.5K better off.

 

Regards

 

Andy

 

 

[southampton99]

Hi Andy,

               thanks for replying so quick. Yes the ppi was great news.

 My thought process was that if the bank had disclosed it owed me ppi redress on my credit card prior to selling the debt it would have found that it actually owed me money and that i wouldn't have owed them the £11,600 pounds in the first place.

    They would actually owe me about £10,900 and i wouldn't have had CCJ against my name, Charge on my property and £2400 in court fees etc.

I was thinking that there wouldn't have been a debt to sell in the first place, or is my logic flawed?

Thanks,

             

[AndyOrch]

Flawed Im afraid.....The PPI element was with the original creditor...not the DCA who the debt was assigned to.

[London1971]

Yup, goodbye charging order 

 

The CCJ will be off the register and CRA's in 3 years.  

 

Time for a celebratory drink down the Winchester, now it's all blown over.