Colleague Received CCJ, unknown creditor and it is marked as Satisfied!!

[comebackjimmy]

Hello All

 

My colleague has been attempting to obtain vehicle insurance and been knocked back as the brokers have determined he has a CCJ.

 

This has come as a shock to him as he was unaware of any claim.

 

Having looked into it he has found the following information:

 

CCJ granted to an unknown creditor in August 2020 for about £1400

 

The details of the Judgement show him at an old address which he vacated in 2012 (so a back door judgement).

 

Most astonishing of all the Judgement is being shown as satisfied!!   He has certainly not paid it off as he did not even know it existed.

 

I have composed an email to the Court for him asking for full details of the original claim as a precursor to making an application to have the judgement overturned which he is sending just now.

 

Obviously we need to wait for the Court to return details of the original claim but we will be challenging it on the grounds that it was obtained at the wrong address and no defence was possible but if it had been possible to defend then the grounds would be SB.   Also, worth asking the creditor for full documents supporting the debt if they have any but until we find out who it is then waiting for the Court.

 

Would anyone have any opinion or experience of overturning a Satisfied judgement?

 

[BankFodder]

You may get some information here

 

https://www.trustonline.org.uk/

 

Even though the judgement appears to be satisfied, it would simply take a normal set-aside application

[dx100uk]

just ring northants bulk and ask for a copy of the Claimform AND the Judgement CCJ

hell need the CCJ number from his credit file.

 

if northants dont have the claimform.

ask them to read out the address it was sent to 

AND 

the particulars of claim

RECORD THE CALL.

 

one you have the details of the claimant, the debt, etc comeback here.

 

 

[comebackjimmy]

OK we have contacted the Court and they advise that the original creditor was Eon and it is believed the debt was sold onto debt buyer and it is that party that has obtained the judgement.  The court would not give out much information but my colleague paid £10 to have all the details sent to him which will take about a week.

 

Interestingly, the court clerk asked how he wanted to pay the debt, did he want to pay by instalments etc which is an odd question to ask if the judgement is supposedly satisfied.

 

Will post back here when full details received.  I would expect the next step to be an N244 applying for a Set Aside.

[dx100uk]

sounds like a typical lowell backdoor CCJ to me.

 

dx

 

[comebackjimmy]

Well done DX!   It is a Lowell back door CCJ.

 

We have today received details from the court.  This is the shorthand version of their claim:

 

Claimant: Lowell Portfolio Ltd

Solicitors: Lowell Solicitors Ltd

Judgement Date: 3rd August 2020

 

1. defendant entered into supply and service agreements with Eon Energy (the Agreement)   (No start or end date mentioned)

 

2. The agreement later ended but a Liability remained

 

3. Agreement later assigned to Claimant 12/07/2019 and notice given to defendant.

 

4. Repeated requests for payment sum remains due and Claimant seeks sum and interest and costs.

 

This is the story from our side:

 

Defendant lived at the address until November 2011, and settled his account with Eon at the time he moved out.

 

He has not lived there since November 2011.

 

It is disputed that a debt exists and the Claimant who is not the original Energy provider has not provided any proof of a debt existing by virtue of either not sending it or sending to an address the defendant does not live at.

 

The Defendant has not received any correspondence regarding the claim as he has not loved at the premises for eight years.

 

Given the length of time that has passed not withstanding whether a debt exists or not this case should be SB.

 

So I guess the next step is to fill out an N244 to apply for the Judgement to be set aside.  Should I come up with some wording based on the above or does someone want to suggest wording?

 

 

[dx100uk]

might save him the £255 fee to go ring lowell solicitors and and ask them to set aside the CCJ by mutual consent FOC to him.

it is obvious from the story the debt was statute barred and at some point lowells or the court system has realised this and marked it as satisfied.

 

dx

[comebackjimmy]

Great idea.   Will try that.

[comebackjimmy]

I notice you highlight the word ring DX.  why is that?

 

Normally we don't do any talking on this forum, only written communications.

[dx100uk]

these situations are different

you ring you catch them off guard without a warning so they can't concoct a tissue of lies or fake p/work as with letter/email

if it's 100% true that the CCJ was obtained outside of 6yrs they can't have a reason to reject and do it for free inc removing it from credit files.

 

don't forget record the call

all you should need is the CCJ number.

[comebackjimmy]

OK, I will get my colleague to do it once he gets back in today.

[comebackjimmy]

Just an update.

 

My colleague did not want to ring them. 

The saving of the application fee was/is not as important as getting a swift set aside and he felt the best way was to apply to the court for set aside without a hearing. 

 

He has done so and the court has sent an acknowledgement and assigned it to our local Court, so we now wait for something else to happen, presumably either a set aside or a Hearing.