CCJ set aside. What next?

[Charliebar84]

Hi all.

Regarding a previous post I found out I had a CCJ on my credit file. Previous documents sent to old address etc.

The debt came from Cohen Cramer (Lowell) who bought it from provident.

I applied for a set aside as I couldn’t reply to original CCJ as it went to an address I have not lived at for 6 years.

The court gave the set aside for Lowell to provide proof debt belonged to me (they sent original form but again it’s not mine as I was not living at that address, not my writing either) I’ve now obtained proof that I had moved out 6 months prior to this debt being taken out. Who do I send it to? A copy to Lowell but do I also need to send a copy to the court? If so what forms do I need?

Hope someone can help.

Thanks

[Charliebar84]

Hi all

basically I’ve got a CCJ on my credit file. I’m disputing it but the courts have returned my set aside forms saying I didn’t send enough copies. One for each party and the court. As far as I know it’s just the court and one party. Surely they could have just photocopied the forms to send on!!

can I just photocopy the original forms even though they have the court date stamp on?

thanks

[Charliebar84]

Sorry for the late reply life has got in the way.

I heard from the court and they gave a set aside and Cohen Cramer must provide proof.

now they have sent me the application form from provident. It has the old address on there. I don’t know how I can prove I wasn’t living there at that date it was taken out. I have less than 28 days to given my defence

[Charliebar84]

Amethyst and tips on what I can do next?

[Amethyst]

ahhh merge xxx

[Amethyst]

What was the order that came from the court ? ( ie judgment set - aside - claimant to provide x,y,z by date , - defendant to file defence ? )

Just on a quick look back it seems you now need to write and file/serve your defence ? What's the date for your defence?

Is it your name and signature on the Provident agreement ? Is it like this one ? http://legalbeagles.info/forums/file...tch?id=1181390 ( if you can redact and post a copy of what you have received that would be good then we can get your defence together )

Anything back from your SAR to provident ?


For ref from your WS in application to set-aside

: The Claim appears to have been issued to a previous address which I have not resided at since June 2012.


5. I do not recognise the debt and at the date ( December 2012) the Claimant states the agreement was taken out I had not lived at that address for over 6 months.

6: It is mu understanding that the original debt was for a Consumer Credit Act 1974 regulated loan with Provident Personal Credit.


7: It appears from my own investigations that Provident provide 'doorstep' loans to people and would have entered into the agreement in person at their home address.


8: I have never had a loan with Provident Personal Credit. On the date that the agreement is alleged to have been opened I was xxxxxxxxxxxxxxx.


9: I have never received any communication regarding the alleged debt nor the subsequent judgment in default. The only reason I knew about the judgment was when I checked my credit file as stated in paragraph 1.

so we can build on that for the defence.

[Charliebar84]

This is what I received from the court.

Upon reading a letter from the claimant and the defendant.

IT IS ORDERED THAT:

1. The order dated 23 March 2018 is set aside.

2. The claimant shall disclose to the defendant the credit agreement on which it relies by 4pm on 24th August 2018.

3. The defendant shall file and serve a defence by 4 pm on 14 September 2018.

4. The claimant shall file and serve a reply, if so advised, by 4pm on 28 September 2018.

5. Both parties shall file and serve directions questionnaires by 4pm on 12 October 2018.

6. No order as to Costs.


lowell sent me the ‘original credit agreement’ but it is not my writing and not my signature. As stated I’ve now got prof from my local council that I moved out of the property in June 2012 and the supposed debt was taken out in December 2012. I can’t have taken the doorstep debt out at an address I had not lived in for 6 months.

[Amethyst]

Okay cool. That's straightforward enough then.

3. The defendant shall file and serve a defence by 4 pm on 14 September 2018.

So now to put your defence together. Did you get anything back from the SAR to PROVIDENT at all ?

The agreement is in your name and basically, someone has pretended to be you when taking the agreement out and faked your signature? or is it just someone elses name and signature?

[Charliebar84]

This is what I received from Lowell. Sorry, had to do it in 2 parts as it wouldn’t upload otherwise.

Whats a SAR?

I don’t want to keep going back and forth to different people. I just want the CCJ to be removed. I’ve been quite unwell and have numerous doctor/hospital appointments and need to concentrate on them first and foremost.

[Charliebar84]

Time is running out for me to reply. Do I reply to the court and if so what forms do I need to send. Getting a bit stressed about this now

[MIKE770]

Subject Access Request Letter bimight need it Amethyst