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I am challenging a CCJ by asking the court to set judgement aside.
Briefly :- I moved house in 2007 to a very rural location, the nearest neighbour was a mile away, then a year or so later had another move to a similar place around ten miles away.
I was working abroad quite a lot from 2008 onwards, occasionally popping back home to the UK but keeping a home (rented) in the UK.
I was never on the electoral roll and the only type of credit I ever applied for was for a mobile phone contractand I paid my car insurance by direct debit.
I moved home again last year, without going into too much detail, I had been avoiding a violent ex boyfriend who died, I then felt safe to return to a more populated area, so started to work more in the UK and placed my name on the electoral roll, updated my bank details, gave DVLA my new address etc.
A month or so ago, a letter from a company called bwlegal arrived through my door, they had taken court action against me, I knew nothing about the alleged debt, so after reading on this forum many different posts, applied for the judgement to be set aside.
The debt appears to be one purchased by a company called Lowell Portfolio from a UK bank whom I once had an account with, I stopped using that bank when I moved home in 2006, since then I have had no contact with them.
This morning, I received the date for the hearing and am now panicking and am really lost as I don't know how to proceed.
Do I just turn up at court with what little evidence I have or do I have to submit a defence ?
Do I write to the Claimants solicitors asking for proof of the debt, or do I leave that until the court date ?.
I received no paperwork from the courts (is it the courts or the the claimants that send the paperwork), the paperwork was sent to my last address (not my current one) which would have undeliverable, it was demolished a week after I moved out, the owner cleared the land and started to build a home for himself.
There is no default on my credit report from the bank mentioned above, in fact, there is no mention whatsoever of that bank at all.
From what I’ve read on the forum I think I should be asking in court for the following details, could someone please advise (please note, this is not my own work, but different things copied and pasted from this forum or other posts on the internet).
Proof of delivery of court paperwork :- Section 6.9 Service of documents clearly states that the claimant must take reasonable steps to ascertain the address of the defendant. The relevant law states “(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant
(a) ascertains the defendant’s current address, the claim form must be served at that address;
[ My argument is that a simple check of the electoral roll or a look at my credit file would have provided them with my current address, the first entry on there is for the middle of January this year, with another 3 or 4 entries before the CCJ was granted therefore they did not meet the relevant law above and the papers were illegally served. ]
Proof of debt :- Under section 136 of the Law Property Act 1925 (“LPA 1925”) notice of assignment must be given to the other party to a contract (i.e. the borrower) expressly in writing.
It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.
As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
The claimant is also put to strict proof to:
(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.
(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.
(c) Provide a breakdown of their charging/fees levied to the account with justification.
(d) Show how the Claimant has reached the amount claimed.
(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.
[ My argument here is that they have not provided any proof that the alleged debt is actually owned by them ]
Statute barred :- Under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
Furthermore in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:
"A firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
I have no record of this debt and do not recognise the account number, however if the debt did ever exist my last contact with the legal debt owner would have been made over six years ago and no further acknowledgement or payment has been made since that time. Unless the claimant can provide evidence of payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act, any court action would be illegal and the judgement should be set aside.
[ My argument here is that I have no knowledge of any such debt, but if one did ever exist, it would be statute barred as I have had no contact with the original creditor ]
Thank you for reading this far, I would really appreciate any advice.
Briefly :- I moved house in 2007 to a very rural location, the nearest neighbour was a mile away, then a year or so later had another move to a similar place around ten miles away.
I was working abroad quite a lot from 2008 onwards, occasionally popping back home to the UK but keeping a home (rented) in the UK.
I was never on the electoral roll and the only type of credit I ever applied for was for a mobile phone contractand I paid my car insurance by direct debit.
I moved home again last year, without going into too much detail, I had been avoiding a violent ex boyfriend who died, I then felt safe to return to a more populated area, so started to work more in the UK and placed my name on the electoral roll, updated my bank details, gave DVLA my new address etc.
A month or so ago, a letter from a company called bwlegal arrived through my door, they had taken court action against me, I knew nothing about the alleged debt, so after reading on this forum many different posts, applied for the judgement to be set aside.
The debt appears to be one purchased by a company called Lowell Portfolio from a UK bank whom I once had an account with, I stopped using that bank when I moved home in 2006, since then I have had no contact with them.
This morning, I received the date for the hearing and am now panicking and am really lost as I don't know how to proceed.
Do I just turn up at court with what little evidence I have or do I have to submit a defence ?
Do I write to the Claimants solicitors asking for proof of the debt, or do I leave that until the court date ?.
I received no paperwork from the courts (is it the courts or the the claimants that send the paperwork), the paperwork was sent to my last address (not my current one) which would have undeliverable, it was demolished a week after I moved out, the owner cleared the land and started to build a home for himself.
There is no default on my credit report from the bank mentioned above, in fact, there is no mention whatsoever of that bank at all.
From what I’ve read on the forum I think I should be asking in court for the following details, could someone please advise (please note, this is not my own work, but different things copied and pasted from this forum or other posts on the internet).
Proof of delivery of court paperwork :- Section 6.9 Service of documents clearly states that the claimant must take reasonable steps to ascertain the address of the defendant. The relevant law states “(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant
(a) ascertains the defendant’s current address, the claim form must be served at that address;
[ My argument is that a simple check of the electoral roll or a look at my credit file would have provided them with my current address, the first entry on there is for the middle of January this year, with another 3 or 4 entries before the CCJ was granted therefore they did not meet the relevant law above and the papers were illegally served. ]
Proof of debt :- Under section 136 of the Law Property Act 1925 (“LPA 1925”) notice of assignment must be given to the other party to a contract (i.e. the borrower) expressly in writing.
It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.
As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
The claimant is also put to strict proof to:
(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.
(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.
(c) Provide a breakdown of their charging/fees levied to the account with justification.
(d) Show how the Claimant has reached the amount claimed.
(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.
(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.
[ My argument here is that they have not provided any proof that the alleged debt is actually owned by them ]
Statute barred :- Under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
Furthermore in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:
"A firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
I have no record of this debt and do not recognise the account number, however if the debt did ever exist my last contact with the legal debt owner would have been made over six years ago and no further acknowledgement or payment has been made since that time. Unless the claimant can provide evidence of payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act, any court action would be illegal and the judgement should be set aside.
[ My argument here is that I have no knowledge of any such debt, but if one did ever exist, it would be statute barred as I have had no contact with the original creditor ]
Thank you for reading this far, I would really appreciate any advice.
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