Please help trying to get ccj set a side

[moneydragon]

I had mobile account with O2 and to cut a long story short back in 2012 I had a dispute with them over a charge on the account.

After sometime and without any notice O2 sent the account to Capquest were I promptly wrote to them informing them that the account was in dispute and that I required the evidence that they legally owned the debt if there was one.

I moved house but left a forwarding address for any mail etc and I heard no more. I have just checked my credit file and to my surprise/horror there was a ccj sitting there from 2017.

I was not contacted, nothing, and if I had I would certainly not of ignored it.

I have been in touch with the court and now need to get this moving and set aside. I am also prepared to settle, just to clear.

I know that I need to email Capquest and request their consent but that's were I am stuck on what I need to say to get this moving?

TIA

[Amethyst]

Set Aside Application

Rough letter start point.....it'll want rewording etc

Dear xxxxxxxxxxxxx

Claim: XXXXXX - Claimant name v Defendant name

I have just checked my credit file and was shocked to discover that XXXXXXXXXXX Ltd have obtained a County Court Judgment in Default against me in xxxxxxxxxxx2017 for an amount of £XXXX, for an alleged debt owed to O2 Plc.

The judgment appears to have been made at an address I have not lived at since xxxxxxxxxxx. . I have always kept my address updated on my credit file / electoral register and have lived at my current address since xxxxxx. Upon moving I had mail forwarding set up for a period of xx months. There is no reason any claim should have been made to that address.

Following receipt of a letter from yourselves in xxxxxxxxxxxxxx informing me that you had purchased the alleged debt from O2, I wrote to you requesting more information and clarification of the debt being claimed, and confirmed to you that any debt alleged was under dispute with O2 due to x, y ,z. I did not receive any response to my letter before I changed address in xxxxxxx and I had thus no reason to inform you of the move.

I therefore intend to apply to the court to set aside the judgment pursuant to CPR 13 so that I may consider my position fully and exert my right to defend or settle the claim accordingly.

I enclose a copy of my application to the Court. I am sure you appreciate I need to make the application promptly, and I intend to file on xxxxxx 2019.It would be appreciated if you can confirm your consent to the set aside to enable us to move forward and reduce any costs liability. Should you not consent and this requires a hearing I will be asking the court to award the costs of the application.

In addition I request that you send me a copy of your original statement of case, and any documents on which you rely, particularly details of how the amount claimed has been calculated, evidence of assignment of any debt to yourselves by O2 Plc, and of any default or termination notice.

Please respond within xx days of receipt of this letter.

Kind regards


xxxxxxxxxxxxxxxxxx

[moneydragon]

Thank you so much I will get this off now.