CCJ SENT TO ME OLD ADDRESS Help Needed

[Javeria]

Hi Everyone


I am asking for help with a CCJ on my credit file that was put on my credit file on 27/4/2023, I never received any correspondence from global arrow/drydensfairfax as i moved address due to a safeguarding issue/domestic violence i only realised i had a CCJ on my credit file in may/June 2023. I had to leave my family home due to being pregnant as i my family wouldn’t support me/accept my partner. I suffer from mental health and get counselling for this. I was disowned by my family so i didnt know anything about the letters.I had a miscarriage due to all the stress. I want to get the CCJ set a side as i am vulnerable and my case is complex.I had debt with some loans/credit cards i since have contact citizens advice to put affordability complaints against loans/credit cards i have won a few and the rest with FOS. I called Dydensfairfax to ask for the consent order they fobbed me off and said they will email me.i seen the consent order on here i cant have a CCJ on my file as i cant rent a flat. I don't know how to write up the consent email could someone help me with this? I have filled a N244 but i don't know how to write questions 10 please can somebody help me with this? Could you please support and help me how to do all of this. I much appreciate all the help you can give. I really don’t know how to do all this i am in urgent need of help.


Thankyou

[echat11]

Hi JAVERIA

Welcome to LB

Don't file the N244 just yet, wait to see if they give you 'consent' as that will be reflected in the fee you have to pay. Try to gather evidence regards your new address, i.e. Credit Reference Agencies, bills etc, tenancy agreement etc. You need to make a case for setting aside the CCJ. Also don't speak to them over the phone, do everything via email, post (make sure you get proof of postage.

At Section 10 you required to indicate what information you will be relying on, in support of the application by ticking one or more of the boxes. You can rely upon information contained in a witness statement, contained in a “statement of case” (for example, the particulars of claim or defence), or written set out on the form itself.

https://legalbeagles.info/library/ho...-judgment-ccj/

[Javeria]

Hi ECHAT11


Thanks for the reply, I am new on here could i private message you or email you separately regarding my situation as i would like further advice and help. Will a bill be sufficient as i was living with friend temporarily due to my circumstances. I started filling the N244 form i have not submitted it as i need help with this. I also applied for the ex160 form as citizen advice said this as i am currently unemployed.
ECHAT11 can you help me with a email/letter to send to global arrow/drydensfairfax to ask them to accept or agree to the consent order please as you advised. I did call them last week and was told someone would get back to me regarding the consent order tbh they just was fobbing me off. I wont call them as you advised me as to respond via email/letter. I appreciate your help with all of this.

[echat11]

Hi ECHAT11


Thanks for the reply, I am new on here could i private message you or email you separately regarding my situation as i would like further advice and help. Will a bill be sufficient as i was living with friend temporarily due to my circumstances. I started filling the N244 form i have not submitted it as i need help with this. I also applied for the ex160 form as citizen advice said this as i am currently unemployed.
ECHAT11 can you help me with a email/letter to send to global arrow/drydensfairfax to ask them to accept or agree to the consent order please as you advised. I did call them last week and was told someone would get back to me regarding the consent order tbh they just was fobbing me off. I wont call them as you advised me as to respond via email/letter. I appreciate your help with all of this.

Can't advise via PM's, everything you need advice wise is in post 2, if they said they would phone you back but didn't, chase them, send them an email.

In the email state that you called regards consent order (explain why you seek the consent order i.e. you didn't receive the CCJ papers, you can go into your personal circumstances like you have in your post above etc) someone said they'd call you back, to date nobody has. Could they in future correspond via email.

[Javeria]

Please can you advise if this is okay to send to Arrow Global Limited/ Drydens fairfax Solicitor’s to get a consent order form? Or if i missed or need to add anything.



Dear Sir/Madam

I hope this letter finds you well. I am writing in regards to the CCJ filed against me by Arrow Global Limited/ Drydens fairfax Solicitor’s on 27 April 2023.

I must raise an issue regarding the CCJ applied to me and for the CCJ to be set a side. I called dryden fairfax Solicitors regarding the consent order i was advised this will be emailed to me but i still have not heard anything back i will outline the issue’s as to why this should be set aside for reason’s that clearly show the complexity of my situation and vulnerability at the time.

I left my parents home in November 2021 due to a safeguarding/Domestic Violence issue this is really hard for me to talk about. I got pregnant being from the Asian community once my family found out i was disowned and was thrown out of my parents home where my letter’s was sent too hence why i had no knowledge of whats been issued to me or for me. At the time i was diagnosed with severe depression and anxiety that lead to panic attack’s i also had gambling addiction that i made known to virgin money who was the credit card provider. I had to leave my job in civil service due to a leak in my personal information regarding my pregnancy being leaked by management this drove me to suicidal thoughts as i had family/friend’s working in the same organisation i worked for. The sad part for me with all the stress is i had a miscarriage and lost my baby it’s heartbreaking for me as i lost my family due to honour and my baby. I had no fix abode as i was sofa surfing from one friend’s to another. If i received the county court letters or any i would have responded i was unable to defend the case or represent myself. I found out about the CCJ through credit karma credit file i called Global Arrow/Drydens fairfax solicitors stating all this issue’s and explained this and was told about the N244 form and consent order form. As i stated this was a traumatic time for me and I am still struggling with my mental health as this has taken a massive toll on me with the traumatic life events. I am on medication for my mental health and anxiety and receive counselling for this as I have had traumatic events in my life and my mental health has deteriorated immensely. I have also been provided a DME form too.

I must raise an issue with the lack of specific details regarding conducted to ascertain my current residence. Considering the timeline and the absence of a response to your letters, it should have prompted reasonable suspicion about my continued residence at the property. Under CPR 6.9, I believe you and your client failed to take appropriate steps to determine my current address. I intend to request SAR documentation to ascertain when your correspondence began to be sent to my previous address you sent all the letters and county court judgement too. I had already relocated for the reasons outlined.

Based on the circumstances outlined above, I firmly believe there are grounds for setting aside the default judgment under CPR 13.2. Your client should have had reasonable suspicion, given the lack of response to their letters, that I may have been residing elsewhere. Therefore, the service of the claim form was not in accordance with good service, and the default judgment was rendered irregularly.

Consequently it is my intention to apply to the court to set aside the judgement pursuant to CPR 13.3(1)(b)(ii) on the grounds of deficient service and request the cost of that application be paid by the Claimant (you) to the Defendant (me). Bearing in mind the difference in the fee of £108 with your consent or £275 without it, please confirm by reply your consent.

The oversight and subsequent failure to serve the court documents at the correct address have had a drastic impact on my credit file and prospective of me renting, especially as a young individual seeking financial stability. Despite my diligent efforts to communicate and obtain necessary documentation, my inquiries have been met with difficulties and untimely responses.

I earnestly request your consent to set aside the CCJ, I believe any associated costs should be borne by the claimant if the application proves successful.

While I am open to finding a mutually agreeable resolution, I would like to emphasise that settling this claim with consent order is correct step. However, if an agreement cannot be reached, I will proceed with the application to set aside the default judgment, and incidental costs to the application will be sought.

I kindly request your consideration of this matter and invite you to engage in constructive dialogue for an equitable resolution.

[echat11]

It's fine, but needs work in terms of grammar, it should be I throughout, not i.

More paragraphs in the third long paragraph (you could maybe summarize it).
You don't have to, but maybe a Doctors letter might help explaining that it's
been a turbulent time for you.

Run through spell checker.

[Javeria]

Just want to ask do i include my utility bill to Arrow Global Limited/ Drydens fairfax Solicitor’s when asking them to agree to consent order?

[echat11]

Just want to ask do i include my utility bill to Arrow Global Limited/ Drydens fairfax Solicitor’s when asking them to agree to consent order?

You can do, I'm not sure it will impact their decision.

[Javeria]

Also i spoke to Drydens fairfax Solicitor’s just now i sent the email above they said the consent order was rejected even tho the person on the phone didn't have a clue what is going on. Whats the next steps please? Also the sars request do i ask for Arrow Global Limited/ Drydens fairfax Solicitor’s both for it? As Drydens fairfax have said they asked arrow global to send this? Don't we need the sars request from both of them? Also i asked for the CCA as u advised but i have heard nothing back.

How long do we wait for them to respond to the CCA and sars request?

As for the N244 when do i apply for this?

Please can you help me as i want to get the ccj set aside as i never received anything, As i am going to rent and with all the issue’s i have had and going through i need to get it set aside.

[echat11]

a) Also i spoke to Drydens fairfax Solicitor’s just now i sent the email above they said the consent order was rejected even tho the person on the phone didn't have a clue what is going on.

I'm not sure why you rang them, you've analysed the situation yourself, 'they said the consent order was rejected even tho the person on the phone didn't have a clue what is going on'. It takes time to get a response.

Whats the next steps please?

Await a response from them.

b) Also the sars request do i ask for Arrow Global Limited/ Drydens fairfax Solicitor’s both for it? As Drydens fairfax have said they asked arrow global to send this? Don't we need the sars request from both of them? Also i asked for the CCA as u advised but i have heard nothing back.

You just need the SAR from the original creditor.

c) How long do we wait for them to respond to the CCA and sars request?

CCA request 12 days, SAR request 30 days. You may have to chase both.

d) As for the N244 when do i apply for this?

Wait until you get a proper response on the consent order.