setaside ccj issued to wrong defendant

[ohitsonlyme]

3 days ago I checked my credit file to find a ccj against me for £1500 at my old address vacated 10 years ago

I instantly thought uh oh here we go again.

All of my debts are way over statute barred, PRA had been searching so had Global Investigations

I went on to ask northampton CCBC for details only to find it had been issued by somebody I dont know and never had dealings with.

He had bought a car from the new tenant at my old address.

Clearly a major error on the claimants part but a big blot on my now very clean credit record

Judgement was made in October 2018 and I found out 1st March 2019.
I have drafted a letter to the claimant telling him he had go the wrong man and asking for consent to setaside giving him 7 days to reply

I dont want him or me to have any costs if possible but as a I was typing the draft consent order I wasnt sure if any costs apply for the application

I am not prepared to pay any cost as I have no case to answer. It is not my debt and not my problem other than clearing my credit file

can any one tell me costs involved for the application I wont be using a solicitor and if consented wont charge for my time as I feel he has made a genuine mistake


Only me again

[charitynjw]

Oh yeah?
Prisons are overflowing with *innocent* people!......c'mon, admit it, you're guilty, you know it & we know you know it! 'Fess up!!

Lol
Only joking, Only me

R0b is the bee's knees at this kind of thing.

& I'll give Amethyst a nudge as well

[Amethyst]

Offended !

Your set aside application will cost £255 ( unless he does consent in which case it'd be £100) That will have to be reclaimed against the claimant as it was he who made the mistake and yes you should include costs of the application in your draft order.

How did he come to file against your name ? Had the new tenant of your old address given him your name ?

[ohitsonlyme]

Oh yeah?
Prisons are overflowing with *innocent* people!......c'mon, admit it, you're guilty, you know it & we know you know it! 'Fess up!!

Lol
Only joking, Only me

R0b is the bee's knees at this kind of thing.

& I'll give Amethyst a nudge as well

No problem, I like a joke but be careful with joke in writing they can often be misinterpreted
I have had a terrible 9 months having been a victim of domestic violence and innocent of any crime but was locked up overnight by lies told by my ex wife and only released with no further action after the police heard the audio of my wife on my phone threatening to kill me The worst 9 months of my entire life- fighting unenforcability is a breeze compare to what I went through.Ps I also have cancer so not that funny

[ohitsonlyme]

Offended !

Your set aside application will cost £255 ( unless he does consent in which case it'd be £100) That will have to be reclaimed against the claimant as it was he who made the mistake and yes you should include costs of the application in your draft order.

How did he come to file against your name ? Had the new tenant of your old address given him your name ?

Thank you amethyst I will include costs to the draft consent order that I have already drafted and my letter is ready to send

I still own the house and rent it to a guy who is a car dealer, the claimant has had trouble getting hold of him my name is still on the title deeds so the claimant added 1 and 1 and got 23

Only me again

[ohitsonlyme]

Oh yeah?
Prisons are overflowing with *innocent* people!......c'mon, admit it, you're guilty, you know it & we know you know it! 'Fess up!!

Lol
Only joking, Only me

R0b is the bee's knees at this kind of thing.

& I'll give Amethyst a nudge as well

You have an interesting signature notes at the bottom of your post charitynjw

[charitynjw]

You have an interesting signature notes at the bottom of your post charitynjw

Lol....the green one?
Hoisted by my own petard, I guess.

Mea culpa......PM sent to you.

[Amethyst]

Thank you amethyst I will include costs to the draft consent order that I have already drafted and my letter is ready to send

I still own the house and rent it to a guy who is a car dealer, the claimant has had trouble getting hold of him my name is still on the title deeds so the claimant added 1 and 1 and got 23

Only me again

Ahhhh ok - that makes more sense , at least it's a mistake and not something more sinister, but it is still an error and it is his, not your, fault so unless you have fee remission, add on the costs.

[ohitsonlyme]

No reply from the claimant of the CCJ,I am a little concerned that he may try enforcement before I can get setaside.

Ive won in the high court against Sheerfarce HCE previously so not unaccustomed to the threats

Does any one have any advice should they come knocking, My doors are always locked but I do have a car wholly owned by me on my drive nearby.


Application will be made on Monday marked as an urgent application I dont know if this makes any difference with a request that enforcement is suspended until the hearing


Onlymeagain

[ohitsonlyme]

On writing my defence and witness statement should I state that I still own the property that the claimant bought the car from?

if I do does this cause doubt about whether I am associated with the tenant in selling cars (which I am definitely not)

If I dont dont state I own the property does it look like "I am trying to get away with it"

IMO saying I still own the property is irrelevant to the claim as I have no dealings with the seller or the situation other than he is the partner of my tenant

[ostell]

I think that saying that you own the property and the correct defendant is the tenant or partner. And here is the tenancy agreement. This shows that the claimant proceeded with the case without reasonable diligence.

[ohitsonlyme]

Oh Dear the claimant is a silly man

He has replied (too late as I have now sent the application for setaside ), stating that he is shocked by late my reply to the ccj also after he had sent several letters to my old address(none of which I have received)

He stated that the man and lady that sold the car to him claimed to own the property where he bought the car (he didnt think to ask what there names were)

He doesn't believe that I am the not the person who sold him the car and will not agree to a setaside
unless I swear under oath

details of my tenants,
their full names and contact details
the date they took over tenancy
and that they acknowledge responsibility for the sale of a car to him

The first three items are easy enough to send but to get someone to acknowledge selling a dodgy car to him is not going to happen

I am not prepared to tidy up his mess especially as he doesnt even believe me as the owner of the property and wont agree to set aside thereby creating loads of work for me and my credit file is ruined until this is sorted out

Unfortunately I dont have patience nowadays for people that go firing claims off without getting facts right so I have sent the application and await a date at court

[charitynjw]

CPR 6.6(9) (refer to table.)

http://www.justice.gov.uk/courts/pro...les/part06#6.6


(Does that earn me some brownie points?)

[Amethyst]

Doesn't he have their details on the log book ? ( daft question 101)

[ohitsonlyme]

Doesn't he have their details on the log book ? ( daft question 101)

He doesnt even know who he dealt with and only found my name from the land registry because the seller told him they owned the land at the house I rent out
He never apparently received a log book

Fools and Their money are soon parted soon to be parted from more of it if he doesnt consent soon enough
charitynjw you already apologised

I quite enjoy playing the victim (survivor)

I attach a copy of the letter received in reply to my request for consent to setaside as an example of how not to reply to someone who really only wants to be fair to you