In court next tuesday interim charging order hillsden

**brt10** · 7th January 2014, 08:54:AM

Re: In court next tuesday interim charging order hillsden

continued sorry

hillsden cant have any valid documents if the bank dont. I want to fight them. any ideas what I need to do for the interim charging order hearing can I pleed my case.

thank u so much

**Amethyst** · 7th January 2014, 09:11:AM

Re: In court next tuesday interim charging order hillsden

Hi

''nothing until I had a random letter in the posts asking if I needed help with my CCJ.so I looked on my credit file and there it was. I had not had any court papers to defend myself.''

When was the first letter and did you contact the bank or the court at this point or wait until the November letter ?

Have you applied for a set aside on the CCJ ? or have Lloyds applied for the Charging Order and you are defending that on the basis you didn't know about the claim ?

**ploddertom** · 7th January 2014, 09:15:AM

Re: In court next tuesday interim charging order hillsden

Have you checked to see what address all the Court papers were sent to?

**FlamingParrot** · 7th January 2014, 11:22:AM

Re: In court next tuesday interim charging order hillsden

Originally posted by brt10 View Post

Hi hope u can help. I am getting so stressed and it's making me ill and not sleeping.

CCJ obtained September 2013 for lloyds TSB took out in 2000. I last payed or acknowledged the debt in July 2007 due to me splitting up with my partner and buying him out the house leaving me with two kids and a mortgage on part time wages.

got the usual letters chasing but ignored them. then nothing until I had a random letter in the posts asking if I needed help with my CCJ.so I looked on my credit file and there it was. I had not had any court papers to defend myself. I then received another letter asking to pay the full amount in November but obviously I can't so they put in for an interim charging order to secure the debt.

I am going to court on tuesday as I want to fight it. I called the courts and paid £5 to get a copy of the court papers for the CCJ but apparently they are still in Nottingham not at my local court it had been transfered too. I called Nottingham they said no your local court has them so they have been lost on repute and I still cant get a copy.

I called Lloyds but they cant help. Lady said your account has been closed and we don't have the original signed credit agreement as its over 12 years old. I cant get any sense out the bank at all.

Being over 12 years old is not a reason not to comply with a CCA request (which should be sent by post, not requested over the phone), however, once judgment has been obtained, the creditor's duty to respond to a s.77/79 request ends. As you already have a CCJ, the bank has no obligation to provide you with a copy of your agreement.

However, from what I can see above, sounds like the debt may have been statute barred when the claim was issued, this would be a much better defence than any defects on your agreement. :thumb:

**FlamingParrot** · 7th January 2014, 11:25:AM

Re: In court next tuesday interim charging order hillsden

Originally posted by brt10 View Post

continued sorry

hillsden cant have any valid documents if the bank dont. I want to fight them. any ideas what I need to do for the interim charging order hearing can I pleed my case.

thank u so much

You can apply for a CCJ to be set aside if you got default judgment against you for not having received the court papers, provided that:

you can show the court the creditor had your current address, yet you didn't receive the claim form and
you can show if the CCJ was set aside, you'd have a viable defence. If the debt was SBd at the time the claim was issued, this would be a defence. :thumb:

If so, you'll need to fill in an N244. A fee is payable but it can be waived in some cases, if you are on benefits or on a low income. See this for reference: http://www.nationaldebtline.co.uk/en...e_county_court

**brt10** · 7th January 2014, 12:35:PM

Re: In court next tuesday interim charging order hillsden

Thank you so much for your replies. I got a letter from the court saying to pay the full amount direct to hillsden so they must have my correct address as I have also got the charging order letters which followed after.

I have been trying to sort this since I reviced a letter from a random company telling me about the CCJ.

I dont have any details of my credit card as its so old will I still be able to request a CCA?

I am fighting the charging order which Hillsden have gone for next Tuesday on the basis I did not received any notice from them that they hae purchased the debt any court papers etc. I am sending off the N244 form with all the evidence I have but I wanted my credit agreement to prove that they dont have it so the debt cant be sold etc.

I am still battling with mylocal courts as to the missing court papers. Vanished into the Obis

Will the claiment be at the hearing do you think?? What do I need to say to the judge??

Thank you so much for your help so far, I cant wait for Tuesday to come and hopefully lay this to rest

**brt10** · 7th January 2014, 13:25:PM

Re: In court next tuesday interim charging order hillsden

Courts still cant find the paperwork for the CCJ. Northampton sent it down in September but my local court cant find them. Been on the phone for over half hour trying to sort and someone is calling me back ARGHHHH

Will this stand in my favour??

Any help would be appreciated on what to say in court on Tuesday

many thanks again

**FlamingParrot** · 10th January 2014, 23:11:PM

Re: In court next tuesday interim charging order hillsden

Originally posted by brt10 View Post

Thank you so much for your replies. I got a letter from the court saying to pay the full amount direct to hillsden so they must have my correct address as I have also got the charging order letters which followed after.

I have been trying to sort this since I reviced a letter from a random company telling me about the CCJ.

Random company? This is the place to search the record for CCJs: http://www.trustonline.org.uk/search-yourself

Originally posted by brt10 View Post

I dont have any details of my credit card as its so old will I still be able to request a CCA?

For the sake of £1 + postage, you can try and send the CCA request, however, do bear in mind they don't have a duty to respond once judgment has been obtained. It's not got to do with the age of the account (as long as it was opened after May 1985) but with the fact that a CCJ supersedes any agreement.

Originally posted by brt10 View Post

I am fighting the charging order which Hillsden have gone for next Tuesday on the basis I did not received any notice from them that they hae purchased the debt any court papers etc. I am sending off the N244 form with all the evidence I have but I wanted my credit agreement to prove that they dont have it so the debt cant be sold etc.

Debts can still be sold regardless of whether they have an agreement or not.

Originally posted by brt10 View Post

I am still battling with mylocal courts as to the missing court papers. Vanished into the Obis

Will the claiment be at the hearing do you think?? What do I need to say to the judge??

Is this an application to set aside a CCJ or a Charging Order hearing?

In court next tuesday interim charging order hillsden