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CCJs registered at old address intentionally!!!

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  • CCJs registered at old address intentionally!!!

    Hi Please can someone offer advice?

    I have had 2 county court Judgements registered against me in June 2014 by a Debt Collection agency for alleged major high street bank debts. Despite knowing my correct home address, The Debt Collection company credit checked me at the current address to confirm I still live there, then credit checked my old address that I hadnt lived at for 5 years, and chose to register the county court claims against me at that OLD address so that I would have no chance of defending them. Horrendous tactics!! I only found out in July 2016 when I checked my credit file because I knew my credit was so bad with other debts I had accrued at the same time (dec 2009), that I never tried applying for credit during that time.

    Background - I had a current account with "The Bank", which had a balance of £7 over drawn. I wanted to pay off the £7 and close the account but "The Bank" wouldn't allow me to because I had a standing order on that account to pay an unsecured loan for the Same Bank. The loan SO bounced and every time, I was charged for the bounce & then charged for being over drawn. By the time the default was registered on my credit file in 2010, the account was £900 overdrawn. This then somehow rose over 4 years on the correspondence I was receiving, to £8300!!!! initially I paid £1 a month towards the debt, but then once I realised what the debt was actually made up of, I began to argue against its authenticity (last £1 payment was May 2012 when I wrote to "The bank" to complain regarding their conduct).

    I believe the default notices were not served correctly (if at all) AND all the correspondence i received from "The Bank" and their own internal Solicitors had so many errors on them (from wrong account numbers to balances for those accounts that had been inflated by £7,500!!) that I believed they would be hauled over the coals by the Ombudsman if they were to try and uphold this debt

    I have tried to sue "the bank" for the catalogue of errors resulting in my 2 CCJs but without success because the courts ruled that whilst they are sympathetic to me over the way the Bank have dealt with my financial history - with the CCJs being registered against me by a 3rd party debt collection co, the bank are not responsible for the conduct of another unassociated firm. I haven't had the money to pay for the cost of registering another request with the courts for the CCJs to be overturned.

    My life is on hold whilst my credit remains so poor. I really need to deal with these CCJs and have to decide whether:-

    a) I do nothing until June 2018 to ensure everything is statute barred from my last £1 payment
    b) I should apply to have the CCJs overturned now on the basis that I was not given opportunity to defend them with them being at my old address (I can prove they knew I didnt live there & credit checked both my old & current address before deciding to register the claims at an address I hadn't been at for 5 years)
    or
    c) accept that 3.5 years have passed now, so I am more than 50% through the CCJs being on my credit file and begrudgingly try to settle the alleged debt to at least have the CCJs show as settled.

    I understand the courts may argue that after 4 years (June 2018), too much time has gone by to apply for them to be overturned. I am also concerned that even if they allow me to overturn them, as soon as they do this, The new debt collection company who have since purchased the alleged debts, will simply re-apply for a CCJ and I am re-starting the 6 year credit issue all over again.

    I am feeling a massive amount of injustice but most importantly need to get my life back, because i cant move on with these CCJ's around my neck.

    Please can anyone offer me some constructive advice?

    thanks in advance
    Tags: None

  • #2
    Re: CCJs registered at old address intentionally!!!

    Sadly as you have known about these CCJ's since June 2016 there isn't going to be a great deal you can do. A set-aside application would have been the correct way to deal with it, and those kind of applications need to be made promptly. It sounds like you can't 'say' you only just found out about them as you've been through this suing the bank malarky inbetween times.

    Regards your options

    a) the debts won't go statute barred as they have CCJs against them. If you did manage to get them set aside you would have to then go on to defend the case, and if you failed, the CCJ would be reapplied from the new date ( so basically adding a further 3 years on )

    b) that would have been the best option intially however you have the issue that the CCJ's are 3/4 years on, and you've known about them, and acted on that knowledge, for 2 years.

    c) Probably what you're left with. The CCJ would be marked as satisfied and this does help when looking at mortgage applications etc, but you'd be better trying to delay anything like that until after these come off the register in 2020 even if you do get these settled off. ( Getting them settled of course would stop any chance of enforcement action being taken )


    Background - I had a current account with "The Bank", which had a balance of £7 over drawn. I wanted to pay off the £7 and close the account but "The Bank" wouldn't allow me to because I had a standing order on that account to pay an unsecured loan for the Same Bank. The loan SO bounced and every time, I was charged for the bounce & then charged for being over drawn. By the time the default was registered on my credit file in 2010, the account was £900 overdrawn. This then somehow rose over 4 years on the correspondence I was receiving, to £8300!!!! initially I paid £1 a month towards the debt, but then once I realised what the debt was actually made up of, I began to argue against its authenticity (last £1 payment was May 2012 when I wrote to "The bank" to complain regarding their conduct).
    Did you obtain all the transaction lists from the bank ? What did you try and sue the bank under ? ( were you arguing unfair relationship ? ) - how long ago was the judgment ?

    Are both judgments originally from same bank, and then same DCA who got the CCJ ? both overdrafts ?

    How much is each judgment?

    The new debt collection company who have since purchased the alleged debts
    Has the judgment been transferred into this new company's name?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: CCJs registered at old address intentionally!!!

      I wouldn’t completely dismiss the idea of a set aside despite the time lag from when you discovered the two CCJs in 2016.

      We (my firm) recently succeeded in obtaining a set aside two years after it became known. A lot will depend on the circumstances surrounding the delay and the strength of any potential Defence. A solicitor is expected to know that they should act promptly but not necessarily a LIP who may have never heard of a set aside.

      Would need to know a bit more about your failed attempt to “sue” the bank which I assume was the Original Creditor while the CCJs were obtained by a debt purchaser or a DCA. You’ve referred to the CCJs being obtained by a “third party debt collection co” and an “unassociated firm”.

      At what point did you first contact the Judgment Creditors about the CCJs (If ar all)?

      Di

      Comment


      • #4
        Re: CCJs registered at old address intentionally!!!

        hi Amethyst, thanks for your reply. In answer to your questions

        Did you obtain all the transaction lists from the bank ?
        Yes they included this in their defence

        What did you try and sue the bank under ? ( were you arguing unfair relationship ? )
        - tried to sue for them being responsible for giving the debt collection company (DCC) the wrong address which resulted in my CCJs, giving the DCC the wrong information in the first place as the debt was not owed as was sold on to the DCC, failure to adhere to the correct debt chasing protocol as per FCA requirements

        how long ago was the judgment ? June 2014

        Are both judgments originally from same bank, and then same DCA who got the CCJ ?
        both overdrafts ?yes, yes and no - one was a current account, one a credit card

        How much is each judgment?
        £8039 for the bank account, £5000 for credit card

        Has the judgment been transferred into this new company's name?
        According to the letter sent advising of the new company's involvement it has, but I can't see any name on my Noddle or Equifax credit report, just the court reference numbers??

        it wasn't until I spoke to a friend recently who advised I should look at overturning the Ccjs that this was possible at this late stage (I believed it needed to be done within a few months of the judgement which was far too late when I realised I had the ccjs 2 yrs later).

        The Judge in the case Vs the bank did say that I SHOULD have applied to have the CCJs set aside rather than tried to Sue the bank as their responsibility for the CCJs ended when they sold on the debt but again didn't highlight that it was still an option at that late stage. Had I have known this was an option, I wouldn't have wasted my time with the bank - I believed this was the only way to get the case in front of a judge and have them overturn the ccj for me to be able to defend it legitimately.

        ��Thanks(#CanAnyoneHelp?)

        Comment


        • #5
          Re: CCJs registered at old address intentionally!!!

          Was it a term of the loan you had that you had a SO from the same bank's current account ? Were they bouncing the SO's and charging you? or letting the SO go out, increasing your debt on the current account, to keep the loan up to date ?

          Was that claim for JUST the overdraft? or did it include the loan sum as well ?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: CCJs registered at old address intentionally!!!

            Hi DianaThanks for your reply also - it gives me hope!!The delay is from my ignorance in knowing my rights. I found out about the 2 ccjs 2 years later, because I never checked my credit file or applied for credit - knowing it was already poor with numerous defaultsI then didn't realise I could still apply for them to be set aside - I understood you had to be apply for set aside order without a couple of months. It wasn't even explained to me by the Judge in the case, that this would still be an option at that time. Had I have known I would have applied for that straight away. I naively thought I had to go to the source of the problem - which was the bank, as they had sold the wrong information on. The alleged debt was sold on that many times, it was almost inpossible to keep up with it! I raised the matter with the DCC first - as soon as I realised the CCJs were on the credit file. They were the ones who told me nothing could be done about it at this late stage and I would have to go back to the bank if I believed they had given the DCC the wrong address. After lodging a complaint that got me no-where, I followed the courts advised pre-action protocol and issued proceedings against the Bank.Unfortunately I couldn't afford the legal advice so had to represent myself and legal aid wasn't eligible for this type of thing.Thanks

            Comment


            • #7
              Re: CCJs registered at old address intentionally!!!

              I don't recall it being a term if the loan to have an SO from the same bank - and they have since accepted that they were wrong to prevent me from closing that account and cancelling the SO. The SO was bounced, they charged for the bounce and then charged for that charge taking me overdrawn!!I haven't seen the original claim paperwork as I never got it, but the DCC confirmed it related to a specific account number which was the bank account - not a loan. This ties in with all the paperwork received prior to that particular DCC taking over and summarily changing my correspondence address to be my old houseThanks

              Comment


              • #8
                Re: CCJs registered at old address intentionally!!!

                Originally posted by CanAnyoneHelp? View Post
                I raised the matter with the DCC first - as soon as I realised the CCJs were on the credit file. They were the ones who told me nothing could be done about it at this late stage and I would have to go back to the bank if I believed they had given the DCC the wrong address.
                How did you “raise the matter” with the DCC (i.e. the Claimant)?

                How were you “told” nothing could be done?

                Was this in writing?

                It may help to know the name of the DCC and the solicitors who they instructed (if any).

                Di

                Comment


                • #9
                  Re: CCJs registered at old address intentionally!!!

                  Originally posted by CanAnyoneHelp? View Post
                  I don't recall it being a term if the loan to have an SO from the same bank - and they have since accepted that they were wrong to prevent me from closing that account and cancelling the SO. The SO was bounced, they charged for the bounce and then charged for that charge taking me overdrawn!
                  Could this have been a HSBC Flexiloan account with a cheque book which was 'repaid' by a monthly internal standing order from your current account?

                  Di

                  Comment


                  • #10
                    Re: CCJs registered at old address intentionally!!!

                    [hi Diana

                    i called them. They told me over the phone but I later requested a copy of this call as I documented the time and person I spoke to, so I have the recording.

                    I am nervous about putting too much in the open with names etc incase I decide to take this down the legal route, so am I ok to private message with company names?

                    thanks alot

                    Comment


                    • #11
                      Re: CCJs registered at old address intentionally!!!

                      Originally posted by CanAnyoneHelp? View Post
                      [hi Diana

                      I am nervous about putting too much in the open with names etc incase I decide to take this down the legal route, so am I ok to private message with company names?
                      I've received your PM and replied.

                      Di

                      Comment


                      • #12
                        Re: CCJs registered at old address intentionally!!!

                        Thanks for taking the time to reply Diane. I am about to run out of data for today but will definitely reply tomorrow. Thanks again

                        Comment

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