CCJ Advice & Court Date Change

[GM1880]

Hello all,

Having sought a bit of advice on this over on the MSE forums, many have suggested this is the place to come for advice regarding the actual court hearing and process.

Long story short I defaulted on a credit card (my error) back in 2001 and the bank in question sold my debt onto to a DCA. It was assigned in November 2014. I had religiously updated the bank of my chance of addresses within a day or two of moving house, yet the DCA agency claim the address the bank had for me was an address I moved out of 14 months previously, I had also moved 2 months prior to the notice of assignment. Subsequently I had no idea the debt had been sold on and had no other correspondence from the DCA. They applied for a CCJ in July 2015 and sent the papers to the old address. So I had no chance to defend (a reminder, the original creditor had my currently address at the point of assignment). I finally got a statement of account forwarded to my current address from an old address in August 2016 and paid off the debt. But the DCA have refused to set aside the CCJ by consent because they claim the bank did give them my old address, not the one my bank had on file at the time. I've a letter from the bank confirming the dates I updated them of my address which conflicts with what the DCA claim. The DCA also claim they ran a electoral roll search which had me at the old address at the time. Despite Experian and Equifax clearly show this was not the case by some 5 months.

I'd be intrigued to hear any thoughts on my chances of success, the DCA have already confirmed they're not attending the hearing nor opposing my claim (though not specifically consenting to it either). Also, I'm not claiming any costs from the other side by the way.

In addition though and perhaps more pressing. When I filled in N244, the guidelines (https://formfinder.hmctsformfinder.j...-notes-eng.pdf) asked for any dates in the next 6 weeks that I was unavailable for the hearing. There were none. But now I have the date, it's some 9 weeks from the date of application and I'm in New Zealand on that date. I phoned the court to ask for it to be moved. They say I need to reapply at the cost of another £255. Surely this cannot be right and I'd like some assistance if you'd be so kind. How can I have the court change the date. I've also written to them, but heard nothing back.

Many thanks all,

[Diana M]

Who is the Judgment Creditor (i.e. the Claimant), who are/were their solicitors (have they been re-instructed to deal with this matter?), who was the original creditor, and how much is the CCJ (Default Judgment)?

Debt purchasers manage court Applications in different ways so it helps to know who's involved.

You say you paid off the debt in 2016 which may cause a problem with your set aside unless there is a reason for not making the Application until two years later.

Di

[GM1880]

Thank you for your time Diana,

The Claimant is 1st Credit, represented by Moon Beever. They have been sent all the forms etc and have confirmed they're not contesting. Generally speaking they've been perfectly straightforward to deal with and I've said as much in the application. The CCJ was for a little over £4000.

I was first aware of the CCJ in September 2016, arranged to have it paid off straight away via installments (sorry not entirely clear, I didn't pay it off in full right away, but agreed a plan right away). I'm aware the delay may cause a problem, but I was only aware of the discrepancy with the addresses in late 2016/early 2017 and since was in discussions with 1st Credit to set aside by consent. But it was only confirmed by them that they were not going to do so last year. I had acted in good faith throughout and had wanted to work with 1st Credit to set it aside, but perhaps naively by not making the application irrespective of whether it was with their consent..

[Diana M]

Thank you for your time Diana,

The Claimant is 1st Credit, represented by Moon Beever. They have been sent all the forms etc and have confirmed they're not contesting. Generally speaking they've been perfectly straightforward to deal with and I've said as much in the application. The CCJ was for a little over £4000.

^ ^ ^ Have they confirmed that in writing?

Who was the original creditor because a successful set aside disposes of the CCJ but you would still need to have a Defence to the original claim which has likely prospects of success if you were to be given the opportunity to defend it?

Did you file a Draft Defence with your set aside Application?

Did you file a Witness Statement (with Exhibits) in support of your set aside Application?

Have Moon Beaver filed/served a WS in response to your set side Application?

Di

[GM1880]

They have indeed confirmed in writing to both me and the court.

Moon Beever have also said they’re not sending and evidence to the court, it very much seems like they’re leaving it up to the judge given now they have the money in full they’ve nothing to gain by defending my application.

i have sent in a witness statement and accompanying evidence.

i did not send in a draft defence.

if I had been correctly served the papers i’d Have had the opportunity to avoid the CCJ by paying it. But I had not been afforded that opportunity given the incorrect address being used. I don’t dispute the debt, hence paid off in full. But do dispute the CCJ on my file given I didn’t have the opportunity to defend it or in this instance pay it off and avoid the damage to my credit file and prospects of future employment.

[GM1880]

Though, do very much appreciate it’s a bit of a long shot.

my main concern is regarding the court date and getting that changed.

[GM1880]

Still struggling to get any sort of response from the court about the date change. Been told it's with the district judge to decide if it can be moved. Not sure what else can be done. Worst case presumably I have to re-apply at the cost of £255, but seems grossly unfair.

[GM1880]

Though in New Zealand at the moment. I called the court again to try to get an update on the request for a date change.

Though i’m slightly sceptical the operator said that the judge had reviewed my application and my emails and has set aside the application without the need for the original or indeed a postponed hearing.

i’ve requested a copy of the order she read out via email. But certainly sounds encouraging, but won’t pop the Champagne quite yet.

[Kati]

tagging Diana M

[GM1880]

Ok, just had the order through via email.

i’m assuming that this is on my side and the CCJ will be no more?


IT IS ORDERED THAT
1. The Judgment dated 25th June 2015 be set aside.

2. The Claim be marked as settled.

3. Any party affected by this order may apply to set aside or vary it within 7 days of service of it on them. Dated 13 February 2018