CCJ Granted - Incorrect Address, Settlement Offer Accepted

[spenni331]

Hi,

I was wondering if someone could help me.

I received an e-mail out of the blue today from TM Legal Services regarding a Debt with Avante Credit stating that a CCJ had been granted against me on the 02/11/2018.

I haven't received any court papers, or any other email(Appears they was in my Junk Folder).

I have checked the register and a CCJ has been entered against me.

I feel I have adequate grounds for a defence as when trying to sort my finances out around 12 months ago, I offered to settle the account for £900. I did this by sending 3 post dated cheques(1 month at a time). I asked them once the last cheque has been cashed will you consider my account closed and settled.

They confirmed this would be the case, at the account closed.

I am really frustrated as it appears the court papers have been sent to my old address.

Would I have reasonable grounds for a defence when looking to get the CCJ set aside? Can anyone advise of the next steps I will need to take?

Thanks

[Amethyst]

Do you have copies of your letters, or the creditors letters relating to your settlement ?

Were the cheques cashed ?

Was that with the original creditor or Asset Collections ?

And have you moved since the settlement ?

[spenni331]

Do you have copies of your letters, or the creditors letters relating to your settlement ?

Were the cheques cashed ?

Was that with the original creditor or Asset Collections ?

And have you moved since the settlement ?

Hi,

Yes just to confirm.

I have copies of the emails.
The cheques was cashed.
The Original Creditor not Assets
I moved July 2017, the three payments was made prior to moving.

Thanks

[Amethyst]

Ok you'll need to apply to set aside - in the grounds that it was issued to an old address and had previously been settled - thus you had no reason to give them your new address, and you weren't hiding ( electoral roll - credit file updated etc) https://legalbeagles.info/library/ho...-judgment-ccj/

would you be able to post the confirmation of the acceptance of your settlement offer.

You should ask the claimant ( Asset?) to consent to the set aside first. The ccj has appeared on the register quickly if it was only obtained on the 2nd. Is it for the full amount or the debt minus your cheques ?

[spenni331]

Ok how should I contact Assets, via email or letter? It appears its the amount minus the cheques that have been claimed for.

[Amethyst]

Letter from now on.

Is the £962 the amount your cheques added up to ? Seems quite clear that that was the amount to close the account so shouldn't be much argument.

[spenni331]

Yeah that’s the amount the cheques add up to. Can you please let me know how I go about apply to the court to get the CCJ set aside, the steps I need to take take etc.

thanks you have been most helpful!

[R0b]

I would suggest your starting point is to write to them and invite them to consenting to set aside the CCJ and withdrawing the claim and paying the applicable consent order fee.

I assume you have evidence from your bank account that the amount was deducted too?

You will need to explain the basis of why the claim should be withdraw but If they refuse to consent and withdraw their claim then I should also think you are better off doing a joint application for setting aside the CCJ and also summary judgment. You should be able to claim costs back for any fees as well as time spent on the application

[spenni331]

Thanks, I’ll need to do a bit of research.

Shall I provide them with evidence from the original creditors as well?

when writing to them consenting the CCJ to be set aside, do they have a timeline of response? What if they just ignore the letters, from what I have read these bunch of cowboys are fairly well known in the legal world

[Amethyst]

Give them 14 days to agree before you will file your application at which point you will be asking the court to award the costs of such to you.

send a SAR to the original creditor too - https://legalbeagles.info/library/gu...ccess-request/

[spenni331]

Just a quick one.

do I need to file anything with the court while I wait for TM legals response? I assume I only have 30 days from the date of the conviction in which to respond which will be pushing it fine giving them 14 days.

also should I attach copies of my evidence to support my claims when asking for consent for the CCJ to be set aside?