2nd claim received following strike out

[Epic]

About 4 years ago I defended a claim for a Santander store card which was stuck out [after the claimant failed to submit the DQ or pay the fee]. We then moved house. I have now found out that the account was then sold on and another claim was issued to my old address last year. Obviously I was not aware of this so judgment was obtained against me. If I apply to set aside the ccj and the defend again it will cost £255 for the n244 so I am wondering if I should contact the solictors and ask them to consent to set aside first. Can a claim be issued for the same account even after assignment? Surely the rights are continued following assignment so the new owner of the account is in the same position as previously in regard to issuing a claim...……...unless the new owner is not aware of the previous claim? Any thoughts please.

[Amethyst]

I would write to the current judgment holder stating that you have just discovered the ccj and intend to apply to set aside due to a) the claim on the same cause of action having been previously brought against you and struck out after defence was filed and b) that you did not receive the claim due to change of address - and ask they consent to set aside - if you do have details ( claim form and judgment order ) for the previous claim enclose those. Mention costs of the application will be requested. Give them 14 days to respond then file your application ( and tell them that's what you're doing)

Do you recall at all who the claimant was in the previous claim ?

[R0b]

Hello

I do hope you still have the documentation relating to that claim which was struck out? If not, you have a bit of an uphill struggle.

First of all, if you haven't done a set aside application before I would suggest you have a read of my guide to get you started and understand the background to set aside applications: http://legalbeagles.info/forums/foru...tailed-version.

Second, I think you should definitely write to the creditor who purchased the debt and put them on notice that the claim was previously struck out when a claim was brought by the predecessor. This is where you need the evidence to prove it was struck out and invite them to consent to the set aside and withdraw their claim completely. Your defence to the claim will be on the basis of Res Judicata i.e. it is a legal doctrine that prevents a claim being re-litigated where it has already been determined and therefore an abuse of process. That said, a claim which is struck out can only be reinstated with the Court's permission. I presume the latest creditor never did this or became aware that a claim was previously issued.

[Epic]

Excellent replies, thank you both.
First claimant was Santander cards using Cohen. Following an order to submit DQ's it all went quiet so I rang Northampton and they said it had been struck out but I never received any written confirmation of that. I'm thinking that I should contact them and ask for some info by email. I do have the original claim form though.

I'll contact Northampton and see if I can obtain anything and then write to the current holder.