CCJ set aside

[Steve93939]

Hi all,
I have recently found out that I have a CCJ in my credit check, the CCJ is dated August 2017. the default date is June 2014.
I was aware a few years ago that I had this dept but I was suffering from depression and buried my head in the sand.
I didn't receive a default notice because of a company, and a block of flats next to me, had formed, and most of my mail was going to their address, during that time I was also receiving their mail.

My evidence is:
I have a few old letters with my address on but they have different names on them.
An affidavit to support my statement.

Can I get the CCJ set aside and then if successful make a payment plan to the creditor?

[Amethyst]

Can I get the CCJ set aside and then if successful make a payment plan to the creditor?

That is a possibility. Do you want to tell us a little about the debt that has obtained the default CCJ ?

Hi all,
I have recently found out that I have a CCJ in my credit check, the CCJ is dated August 2017. the default date is June 2014.
I was aware a few years ago that I had this dept but I was suffering from depression and buried my head in the sand.
I didn't receive a default notice because of a company, and a block of flats next to me, had formed, and most of my mail was going to their address, during that time I was also receiving their mail.

My evidence is:
I have a few old letters with my address on but they have different names on them.
An affidavit to support my statement.

Indeed that sounds reasonable to show you didn't receive the claim. However you will need to show you could have defended / settled if you HAD received the claim so need some background info.
-How much is the judgment for?
-Who was the original credit ? type of debt ?
-Who was the claimant / judgment holder ?
- Any idea at all when the agreement the debt is based on was entered into ?

[Steve93939]

That is a possibility. Do you want to tell us a little about the debt that has obtained the default CCJ ?



Indeed that sounds reasonable to show you didn't receive the claim. However you will need to show you could have defended / settled if you HAD received the claim so need some background info.
-How much is the judgment for?
-Who was the original credit ? type of debt ?
-Who was the claimant / judgment holder ?
- Any idea at all when the agreement the debt is based on was entered into ?

Thank you for the prompt reply.
when you say "settled" are you saying that I would have to pay the full amount up front and can't make a payment plan?

The answers to your Q's:
£9500
Barclays credit card
Link Financial BCRD
on the credit report, it states "Opened September 2010" but I thought I opened the account a few years earlier than that

[Steve93939]

Hi is there anyone that can help me with this please

[ostell]

It is the weekend!

[Steve93939]

Hi please if anyone can answer, I would like to get this sorted asap

[Amethyst]

Hiya xx Just reading back, apologies for missing you previous post ...

[Amethyst]

Thank you for the prompt reply.
when you say "settled" are you saying that I would have to pay the full amount up front and can't make a payment plan?

The answers to your Q's:
£9500
Barclays credit card
Link Financial BCRD
on the credit report, it states "Opened September 2010" but I thought I opened the account a few years earlier than that

Okay.

As the default was 2014 then you're not going to get to Statute Barred, so that's out as a defence, however it should show on your credit file still ? If you have access on Noddle, then you might be able to see when the account opening date was recorded as there... Barclaycard normally report as well as the debt purchaser. If it was 2010 then it is likely to have a valid agreement and be accessible as possibly opened online under standard terms. ( Oh ignore me you've already checked that - have Link actually pleaded when the default day is in your original claim ? ) If you don't have a copy yet then ask Northampton CCBC to send you details of the claim ( by email if poss) so that you can make an application to set aside. You want the original particulars of claim really so you know exactly what you will be defending.

So, you can apply to have the judgment set aside as you were unaware of it until now, (Set Aside Application ) but you may have to show you have a possibility of defending the case. Once the judgment is set aside then you can send a CCA request to Link and request copies of other documents required ( default notice, notice of assignment, breakdown of the debt). For now though you can send a Subject Access Request (Subject Access Request Letter ) to Barclaycard so you get ahead, information and documents wise and have an idea what might be available to be provided to Link, then you'll have a good idea whether to defend, or if there's any discrepancies that you can utilise to negotiate a settlement out of court so that a CCJ isn't reapplied.

I don't know much how Link work, but mainly, with a live court claim ( which this would be if you succeed at setting the judgment aside ), then many claimants are willing to settle on installments under what's known as a Tomlin Order ( see https://legalbeagles.info/forums/for...-credit-claims ) - so that the case remains on hold as their security while you make payments, but if you default on the agreement they go back for a judgment. Usually the payments would need to be a reasonable amount to pay off the debt within a couple of years.

If you're unable to negotiate a settlement, and you can't defend the case successfully, then there is a risk that the CCJ is reapplied, and it then restarts the 6 years of it being on the register - even if you get an installment order from the court. In your case it's likely to add a year on ( original judgment was 5/6 months ago and once this is set aside and back to judgment it is likely to take 6 months ).

Any disputes at all with Barclaycard originally ? PPI on the account ?

[Steve93939]

Thank you very much, lots of valuable information there. I will get back to you as soon as Im done collecting the documents.

Thanks again