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Backdoor Link CCJ - Old EGG Card debt.., need to set aside


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Hi all

 

On checking my credit file, I found a CCJ from ASSET LINK CAPITAL.

Upon checking with the court, they have sent the POC to me by email which states: 

 

The particulars of the claim are:  

 

1.the claimant claims the whole of the outstanding balance due and payable under an agreement referenced 4929107******** and opened effective from xx/xx/2000. the agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant

 

2.the defendant failed to make payment as required and by **/12/2015 a default was recorded.

as at 30/09/2016 the defendant owed barclaycard plc the sum of 809046.

 

3.by an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30/09/2016 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter.

 

and the claimant claims- 1. 81**** 2. interest pursuant to section 69 county court act (1984) at a rate of 8 % per annum from  30/09/2016 to 14/02/2020 of 208571 and thereafter at a daily rate of 171 to date of judgment or sooner payment. date 14/02/2020                                          

 

 The claim amount details are:  

Amount Claimed  £10***.17

Court Fee  £457.93

Solicitor Costs  £100.00

Total     £10***.10

 

The claimant solicitors’ details are:  

KEARNS SOLICITORS

BRECON HOUSE

3 CAERPHILLY BUSINESS PARK

CAERPHILLY

CF83 3GQ

Telephone: 0292 0808668

Reference: 4929107***********

I've removed certain info to try and provide some anonymity, I hope that doesn't muddy anything.

 

The CCJ was obtained by default after they wrote to my old address.

 

Back in 2015, I CCA'd Barclaycard and they sent a standard response with reconstituted EGG T&C's which state 'Applicable to customers who applied from 01 October 2001'.  As the POC confirms, I opened the account in 2000, before the supplied T&C's would have been applicable.

 

It also included a Barclaycard Credit Card Agreement with my details filled in (including my address in 2015, not in 2000)

 

I stopped payments at the time of sending the CCA.

 

I haven't made any payments since (though I appreciate it's not SB)

 

I want to apply for it to be set aside and would appreciate any help in what to use as a 'draft defence'

 

I don't believe that Barclaycard complied with the CCA request so would the account have been effectively in dispute since 2015? 

If so, would it be wise of me to supply a draft defence along the lines that I wrote to Barclaycard in 2015 and consider the account to have been in dispute since that time?

 

My goal is to try and keep any application to set aside simple.. 

 

Alternatively, would it be better for me to simply state that without any documentation from the creditor, it's impossible for me to set out a complete defence and ask the DDJ to be set aside along with an order for the Claimant to provide all the necessary documentation?

 

Thanks in advance!

 

 

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if you have no proof that you informed EGG , barclaycard or the DCA of your correct address in writing then i cant see a set aside reason.

 

neither can i see a suitable defence to go with that.

 

the requirement for plink to hold any enforceable P/Work went out the window upon Judgement.

 

typical backdoor CCJ, which is why it is so important to always update debt owners if you move and never run from debt

 

 

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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  • dx100uk changed the title to Backdoor Link CCJ - Old EGG Card debt.., need to set aside

Thanks dx100uk.

 

I didn't write to them if I'm honest because I'd written them off in my mind in 2015.  How long would someone be expected to continue to write to creditors when a debt is disputed?

 

I was under the impression that it could be set aside on discretionary grounds if 'the defendant has a real prospect of successfully defending the claim'?

 

With it being £10k, do you think it is worth the £255 application fee or is it a complete waste of time?

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the debt being in dispute or not is sadly no reason for not updating it's owner with your correct details.

 

now the balance is high...+£10k so if you were to set this aside (if there were a chance) it would then be in fast track and costs can be epic if you were to then lose the hearing were link, (and for +£10k they would) ask for a later re-hearing, as all the set aside does is reset things to as if you'd just received the claimform.

 

they've not pulled your chain as they easily could by looking up your correct address on your credit file. so i'm in two minds here.

 

 

 

 

 

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 agree that with it being above 10k it's high risk.

 

Could you just clarify what you meant by 'they've not pulled your chain as they easily could by looking up your correct address on your credit file. so i'm in two minds here.'?

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they are not pressuring you.

 

 

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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The CCJ on my file will be a problem for future job prospects due to the industry I'm in so there is a need to try and get this removed if at all possible.

 

If I can get it set aside, I'm confident that they will never be able to produce a signed agreement from back in 2000 (think it was probably a tick box online) and at the moment, they think it was a Barclaycard debt, not an Egg one.

 

The original debt was just over £8k then they have added 8% interest since it defaulted which has taken it over the 10k - does this have any bearing on the allocated track?

 

My objective here is for the CCJ to be removed, if that means I end up having to sign a consent/tomlin order to settle, then I am willing to do that

 

Do you think it would be worth lodging the application to set aside on the (discretionary) grounds that I never received the paperwork, I have a reasonable defence to the original claim and that the CCJ is putting my career at risk?  

 

 

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no the court added the 8% which they are entitled too.

 

what reasonable defence to the original claim do you have?

the paperwork dodges are no longer applicable as the CCJ Trumps that.

 

could you not tell a little white lie here and bring in covid in relation too not getting the mail from the old address as you/they were abiding by those rules..

 

how long ago did you move out of the old address and did you have mail redirect inplace, but that ran out? and/or the current owners offered to give you the mail but covid prevented that...

 

get me drift?

 

ps do not mention to the court or claimant it effects your employment because they will pull out all the stops to win by hook or crook

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 did have a mail redirection on for 6 months, I left the address in Aug 2018.  I was registered at my current address on the ER from then until now.  They must have sent the court paperwork back in Feb so pre-Covid 🙄

 

Defence wise, I must have mis-understood my options.  I thought I would be able to defend it as if the case had been reset ie. was just planning to deny para 1 of the POC and ask them to produce the agreement that I apparently signed back in 2000?

 

I'm more hoping in reality that a set aside application may trigger them to negotiate and then subject to a successful negotiation, they may consent to the set aside.

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court paperwork back?

nothing to send back.

 

kearns for the claimant link,  sent paperwork to northants bulk to raise the claim on 14/2/2020, a default judgement was automatically issued 30 days later, check the date of the CCJ registered on your credit file.

 

its called a roboclaim, no human sees or checks anything,

some 750'000 are issued every year less than 15% are ever defended .

 

the fact you updated Voters is totally immaterial.

there is no remit for any claimant to check any addresses upon issuance to northants bulk

the last address you notified the OC of is quite ok for serving purposes.

 

as it stands i see no reason to set aside

as it stands i see no basic defence to the original claim which must accompany the set aside application.

 

by going for a set aside you will most definitely wake Link up..they will fight hard - which they might not do if you were to keep quiet.

 

Link will most definitely not negotiate, they never do and esp as this is a £10k debt they will go for your throat by fighting the set aside. IMHO you will will lose and have more costs added. 

 

now if you were to be lucky and the set aside is granted, then IMHO you do stand a very good chance of winning the rehearing,

Link are always pants on paperwork ...but you've got to jump the set aside hurdle first and the issues this will cause if you do raise one.

 

 

 

 

 

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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Thanks dx I really appreciate your input and will be making a donation.

 

Other than the £255 fee, do you have any idea ballpark what I might stand to lose if the application to set aside fails?  I know there will be costs awarded against me but have no idea whether they are likely to be in the 00's or the 000's!

 

I'm sorry to labour the point but I don't understand the distinction between the basic defence I would use to set aside and the defence I would use at a rehearing?  Wouldn't they be the same ie. no agreement exists?

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to set aside a judgement you must satisfy 2 criteria:

have a good reason why you did not receive & act upon the initial claimform

and

a basic defence as to why you do not owe the debt. ( paperwork wriggles are not a reason as the existing CCJ nulls any paperwork requirement)

 

should lose, you would be liable not only for your fee (£255), you could also be liable for the claimant legal costs, this could be £100's or more, knowing link and the value of this claim, they might hire a barrister whom are expensive.

 

IF the set aside is successful (it is only a very short brief hearing) the CCJ is removed from the register and this resits things to as if you had only just received the initial claimform. you can also ask for your fee back from the claimant.

 

At the same set aside hearing...the judge, or the claimant can immediately set a hearing date for the 'new' claim, whereby you will each have to exchange statements by a set date.

 

should this not happen, the claimant can latterly request a hearing that will follow the normal small claims process,

 

The longer they leave it the harder this becomes in regard to statute barring.

The issuance of the initial claimform stopped the SB clock, the default judgement - reset it too 6yrs, however the set aside removed the CCJ and the SB clock resumes from the time it stopped - so SB date of 6yrs advances again from last payment or use of the credit as if no claim was ever raised.

 

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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There is a regular poster called Ericsbrother who IIRC had to go to a set aside hearing recently and is of the opinion that the courts have relaxed set aside rules and they're easier to get now.  You could hang fire for a short time to see if he comes onto the thread, or even better PM him.

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

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Thanks to both of you, I've PM'd Ericsbrother.

 

dx - I wonder if you would be able to suggest a couple of hypothetical basic defences that you think would be valid  (just to see if it sparks any thoughts of a different approach I could take)?

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you wont get eric and that doesn't solve your problem as thats mainly to do with private parking set asides really as most judges now view PPC Backdoor CCJ with dissent and grant it regardless. 

 

i absolutely hate link and paul burdell he built up a £1B+ empire of wealth solely by conning debtors into paying debts they mostly didn't even owe, but in this instance you are on very shaky ground.

 

me pers i'd not even debated it and i'd just gone for it win or bust.

once you get the set aside it should be plain sailing.

 

but you came for advice and i can't not be truthful here.

 

the only otherway to better gauge you chances is to SAR Barclaycard , get everything they hold.

that will show you the cards that Link will have to play with , they might well be pants.

 

 

 

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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Thanks dx. 

 

Would I not SAR Asset Link Capital as it was assigned to them in 2016 (according to the POC)?

 

To provide some context, I'm familiar with attending hearings etc and have fought and won a couple of battles.  I don't mind risking a couple of K in extra costs to give it a shot but I need to feel that there is at least a chance of success.

 

The card was originally an Egg card taken back in 2000 and then sold to BC who then sold to Asset Link Captial (no5) Limited.

 

When I did a CCA request to BC back in 2015, they provided reconstituted T&C's that post dated when I took the card out with Egg and a Credit Agreement for BC (which was clearly made up as the account was with EGG!).

 

Appreciate you are being careful to provide advice and not push someone to do something that could end up costing more money, I'm up for the fight though!

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debt buyer never have any info, bar one line in a debt buying portfolio spreadsheet

that get loaded into the pc that automatically spews out threat-o-gram, then the claims to robocourt

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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Is there a danger that any delay in applying for a set aside will reduce the chances of it being successful even further?   Should I therefore do both at the same time?

 

Also - how do I edit the original post?  I've noticed a couple of numbers in there that need changing to and further anonymity?

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another few weeks won't hurt you.

 

as for munging things

you don't need to alter/hide dates or amounts and the 6 1st digits of a card number are generic anyway

 

dx

 

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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  • 4 weeks later...

I sent letter to sols advising them that I had discovered the CCJ against my old address and provided them with my correct address. 

 

They replied to say that they will begin enforcement action on the CCJ in 14 days. 

The 14 days is up and I have not received a reply to the SAR request sent to Barclaycard yet.

 

If they start enforcement action, I presume I will receive something from the court to let me know and respond?

 

I'm happy to wait until the 30 days has lapsed for the SAR request, I'm just concerned that the sol will start enforcement action and what impact that might have on my ability to set aside?

 

 

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kearns can't enforce anything alone

 

yes they would have to go thru the court and yes they would inform you.

 

 

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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