Recently discovered CCJ - getting it set aside

[jcma]

Hi all,

I recently discovered a CCJ entered against me from Lowell. The CCJ had been entered in Feb 2016, I moved from the address to which it as served in early-mid 2015. I only discovered this a week or so ago upon checking my credit report for the first time.

So far I have:

- Contacted the court to get the details of the judgement, and

- Contacted Lowell asking them for a letter to set the judgement aside to avoid further costs etc and explaining my position.

My next step (barring a reply from Lowell) is to send the form to the courts to start the set aside process.

The situation is that in 2009, I took out a mobile phone contract with a phone provider. The phone never arrived - after 6 weeks of back and forth, they agreed to close the account and they said that was the end of it. I never heard from them again. In hindsight, I wish I had this discussion with them in writing - I didn't, however, it was all verbal on the telephone.

Later in 2009, I received an email from a debt collection agency asking for money owed to said phone provider. I replied saying that I didn't owe anything and I had dealt with the phone provider - refer back to them for clarification.

I heard nothing from that particular agency again, and nothing further until 2012 when I suspect Lowell "bought" the debt from the original collection agency.

Lowell sent me a similar email in 2012, I sent a very similar to reply to the above. I seem to remember there were a couple of phone calls, too, all to the same sort of tone.

I heard nothing further from Lowell, and I moved house in 2015.

Last week, I discovered the CCJ and I'm very upset about it. I'm looking to move house soon and need this removed from my file for obvious reasons.

Due to the time frame involved, I have no "evidence" relating to the original phone contract, other than my memory. I have two emails - one sent to the original debt collectors, the second to Lowell in 2012, both denying any money is owed and referring them back to the phone provider.

My query - really - is what on earth do I say/file with the court to support my application?

Furthermore, this phone contract was taken out in September 2009. No payment was ever made due to non-receipt. I had no communication accepting this debt. Even if I did owe this money - which I do not - would this judgement (February 2016) not make the debt statute barred at that time, and therefore eligible to be dismissed on those grounds alone?

Thanks for reading and any help you can offer. I'm looking to file a response on Monday to ensure there's no argument that I haven't acted within a reasonable time.

[Amethyst]

You should be able to argue that the claim was statute barred if you'd cancelled it due to non receipt before January 2010, however it sounds likely that Vodafone ( or whoever the phone company was) didn't actually cancel the contract on their system and they will try to argue the cause of action date as the date the contract would have run until if you hadn't cancelled it - so 12/18 months etc. So you will want some more details to help you in your case to set aside and defend the claim.

Send a Subject Access Request (

Subject Access Request Letter)

to the phone company, and have you got a copy of the original claim particulars off of Lowell? you can write and ask them for more information, agreement, default / termination notice and notice of assignment if they are mentioned in their claim (

CPR 31.14 Request)

You should still submit your set aside application on the basis of it being issued to the wrong address and that had you received it you would have defended - you considered the situation resolved following your complaint and had no need to tell Lowell of your change of address as you had not heard anything from them for 3 years. You were on the electoral roll and your credit file was updated when you moved and there is no reason they couldn't have checked for the correct address details.

Presumably you have already looked over the Set Aside Application guide?

[jcma]

Thank you for replying. I have indeed read the guide on setting aside.

Initially - do I just write a statement akin to what I've written here, attaching the emails I've aluded to in support? Will I subsequently be able to introduce further evidence should I be able to acquire it?