CCJ From 12 Years ago - PLEASE CAN SOMEONE GIVE ME SOME ADVICE

[Diana M]

Re: CCJ From 12 Years ago - PLEASE CAN SOMEONE GIVE ME SOME ADVICE

There was a charging order made on the property apparently but as the bank had repossessed it I assume it was pointless.

Was it in negative equity? If not, then any money left over from the sale should have gone to the holder of the second charge. I can only presume there wasn't enough money or they wouldn't be chasing you for an AOE.

Was this CO (for this CCJ) on the property that was repossessed in 2006 which you've posted about on another thread this evening?

If so, does that mean you knew about the CCJ (because of the CO) in 2006?

in 2006 my house was repossessed as I got myself into all sorts of trouble, most of which are paid off now

Or was that a different property?

How much is the CCJ you are trying to get set aside?

I'm not being nosy with all these questions I'm only asking you the questions that a DJ is likely to ask you at the hearing on Wednesday so you can be more prepared for the event. I expect the other side will have their file full of facts so you want to avoid any surprises.

Di

[glarge1234]

Re: CCJ From 12 Years ago - PLEASE CAN SOMEONE GIVE ME SOME ADVICE

The CO was on that house, I wasn't aware until I spoke to the court earlier that a CO had even been applied. I genuinely knew nothing of either that or the CCJ otherwise I would of disputed both of them, as the whole reason I stopped paying for the car after only 5 months was that it had developed starting faults, I spoke to the supplying dealer at the time and they told me to ring the finance company who if I remember rightly suggested all I could do was return the car to them and they would liase with the dealer, even now I have not seen either the original court order from 2006 or paperwork to take me to court for the CCJ. The CCJ is for £6500 give or take a few pounds.

[Diana M]

Re: CCJ From 12 Years ago - PLEASE CAN SOMEONE GIVE ME SOME ADVICE

The CO was on that house, I wasn't aware until I spoke to the court earlier that a CO had even been applied. I genuinely knew nothing of either that or the CCJ otherwise I would of disputed both of them . . . .

. . . . even now I have not seen either the original court order from 2006 or paperwork to take me to court for the CCJ.

It's hard to help without clarification of where you were living and when. I have asked a few times

At the hearing on Wednesday you will need to convince the DJ that you didn't receive the claim issued in 2006, or the Default Judgment (CCJ) which followed, or the Notice of Hearing for the Final Charging Order, or notification from Land Registry that the CO had been registered.

If you can take with you evidence to support that (such as proof of living elsewhere) that will help you. Royal Mail admits it loses 500,000 items of mail every week, but for lightening to strike twice (or in this case four times) you need some form of evidence to back up your story. I'm sure you can.

If the CO was placed on the property you had to be the owner of that property. Was it rented out while you lived elsewhere so didn't get your mail? Perhaps you were away from the property for personal reasons which are none of my business, but the court may be persuaded to grant your set aside if you give them the evidence.

The creditor must make an application to the court for permission to enforce a debt after six years of silence. That clock starts ticking from when they last made an effort to contact you for enforcement purposes. So the CO becomes relevant in that it pinpoints enforcement action (after the CCJ was issued). If the property was repossessed then the relevant date may be from when the charge was removed from Land Registry etc.

You say that in December last year you received an Attachment of Earnings Order. Does that relate to your current employer? And were you with that employer at the time of the car finance so they may have got the details from your application form? You received the AOE Order so were you also sent any chasing letters from the creditor before that?

There's no need to answer my questions but you will have to answer the DJ's questions so I'm simply trying to second-guess what he may ask you so you can get prepared.

Meanwhile if the creditor should have made an application for permission to apply for an AOE (and they didn't) then you may be able to make an application to suspend that AOE while the court considers the next step. If the CCJ is set aside there can be no AOE since the CCJ won't exist once set aside.

I hope I've made sense but I'm boxing in the dark without information.

(I replied to your email but you didn't reply to my response.)

Di

[glarge1234]

Re: CCJ From 12 Years ago - PLEASE CAN SOMEONE GIVE ME SOME ADVICE

Thanks Di, sorry for the delayed reply I have been ill in bed all weekend so struggled to function yet alone reply to anything.

I have obtained copies of electoral roll certificates from the local council to show that I was removed from the electoral roll in 2006 as i had left the property would this suffice to the judge that I didn't live at the address??

You say that in December last year you received an Attachment of Earnings Order. Does that relate to your current employer? YES IT DOES
And were you with that employer at the time of the car finance so they may have got the details from your application form? NO

You received the AOE Order so were you also sent any chasing letters from the creditor before that? NONE AT ALL JUST AN AOE

In addition I have asked Marsh Finance for copies of the particulars of claim and the original court order, they have not replied to me so I contacted the court who have finally just this morning pulled the file and there are no copies of the particulars of claim or the original court order in the file... the lady at the court said I could ask the judge on Wednesday to order Marsh to provide copies if they wish to pursue it.


I also intend to question the actual hire purchase agreement as having read through the case: Wilson v Firsty county trust 2003, I am questioning the prescribed terms.

The APR rate on the hire purchase doesn't state whether its fixed or variable
No schedule breakdown of any additional costs IE late letter charges.

It looks as though the documentation fee and option to purchase fee have been included in the amount of credit.

In addition, there is no date next to my signature to clarify when I actually signed the original agreement, the part exchange and settlement figure for my previous car is not shown on the hire purchase agreement either..

Thanks again

[glarge1234]

Re: CCJ From 12 Years ago - PLEASE CAN SOMEONE GIVE ME SOME ADVICE

Quick update if anyone can advise, went to court with regards to setting this aside, however the judge said as it was 12 years old I could not set it aside, he did say there were other avenues I might wish to go down but didn't elude any further into what they could be. This was some 6-8 weeks ago.

Nothing been heard since then until yesterday when I received from Mansfield County court (Another court to where I had the set aside hearing) a suspended attachment of earnings order.

NOW HERE LIES THE QUESTION:

As this original CCJ was from 11-12 years ago and they did nothing between 2007 until last year to chase me for it, they claim as all there paperwork was burnt in a fire some years ago and despite being on the electoral roll at all addresses, running bank accounts etc but they have failed to chase me. Is there anything I can do at this stage to continue to fight this on the basis that they haven't tried to pursue it for years.

Any help will be appreciated as always.

[glarge1234]

10 Year Old CCJ

Quick update if anyone can advise, went to court with regards to setting this aside, however the judge said as it was 12 years old I could not set it aside, he did say there were other avenues I might wish to go down but didn't elude any further into what they could be. This was some 6-8 weeks ago.

Nothing been heard since then until yesterday when I received from Mansfield County court (Another court to where I had the set aside hearing) a suspended attachment of earnings order.

NOW HERE LIES THE QUESTION:

As this original CCJ was from 11-12 years ago and they did nothing between 2007 until last year to chase me for it, they claim as all there paperwork was burnt in a fire some years ago and despite being on the electoral roll at all addresses, running bank accounts etc but they have failed to chase me. Is there anything I can do at this stage to continue to fight this on the basis that they haven't tried to pursue it for years.

Any help will be appreciated as always.