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Black Horse Finance , Hillesden (dlc) , Restons Default CCJ ....Please Help
Hello everyone , my first time here , but I have a very good and big reason.
Please bear with me , this is long but I need senior members to pick through this and advice if I have prima facie case to ask the court to set aside the judgement.
In May 2008 I bought a car on Hire Purchase funded by Black Horse (BH). This included Payment Protection. I then lost my job in June 2009 but with my last pay brought up to date all my payments. I then contacted BH to let them know and to claim my payment protection. Forgive me here I do not have a recollection of what I did with this claim and have lost all my documentation. I was only eligible for 6 months worth of out of work benefit. I then struggled to keep up my rent and other debts and was going through a torid time with other issues. I was then evicted from my flat due to rent arrears and was briefly homeless. I drove to London to try and solve my housing issue but while I was in the offices my car was impounded as my parking had expired. This was on 1st March 2010. I tried to recover the car but I was penniless so left the car at the Carpound hoping to raise the money somehow to pick up the car. I did not inform Black Horse.
I then ignored the issue as I felt I had no hope in hell to raise the money at that point. What I have learnt now is that the Black Horse somehow got hold of the car , repossessed it and sold it to defray costs on 28 April 2010. Meantime I was not in employment until October 2011 ( another long story) and have been working since. I then moved a number of addresses as follows (1) March 2010 - September 2011 , (2) September 2011 - October 2012 , (3) October 2012 - July 2015 and my current address from August 2015.
I have no strong recollection of receiving any letters regarding this debt since March 2010 but have vague recollection that ther might have been one that I ignored from a debt collector ...but cannot remember at what stage. Also I have been checking my credit reference agency reports and BH debt does not appear.
I then woke up on January 1 2016 to a notification that I had a CCJ of £3999 entered on 29 December 2015. As it was New Year and a Friday I could not know what the issue was until Monday 4th. I contacted the court and they told me it was Hillesden (dlc) through their lawyers Restons who had brought the case emanating from BH. The address used in the claim is address number (3) above. Hillesden told me they contacted me at that address regarding their intention to go to court in September but obviously I had left the address in August, this is the address they would have sent the claim papers and used in court. The Default Notice is said to have been issued on 10th March 2010 but obviously I did not see it as I had left my original address.
I am hoping I have some good reasons to apply for this CCJ to be set aside , but please I need help in refining them or to be told they are not useful at all and I state them below
a) The car finance was under PPI ( part of the finance deal) , I was unemployed , I informed Black Horse and I was under the belief that the issue was settled and hence BH should not have sold on the said debt given that its payment should have been protected and also having repossessed the vehicle.
b) For the same above reason the default notice should not also have been issued
c) While it is the duty of the debtor to inform the creditor about address , I would have expected the CCJ to be issued on my original address. Hillesden have been tracing my addresses but failed to ascertain my address on this last occasion. One of the first things I did in August when I moved to my current address was to update the electoral register and DVLA and this obviously takes time to reach Credit Ref Agencies but I have updated my address ,so was not seeking to hide, I just had no clue this debt was in existence.
Please help me with any angles I could use or refine or what I should do. HELP!!!!HELP!!!!!HELP!!!!!
Please bear with me , this is long but I need senior members to pick through this and advice if I have prima facie case to ask the court to set aside the judgement.
In May 2008 I bought a car on Hire Purchase funded by Black Horse (BH). This included Payment Protection. I then lost my job in June 2009 but with my last pay brought up to date all my payments. I then contacted BH to let them know and to claim my payment protection. Forgive me here I do not have a recollection of what I did with this claim and have lost all my documentation. I was only eligible for 6 months worth of out of work benefit. I then struggled to keep up my rent and other debts and was going through a torid time with other issues. I was then evicted from my flat due to rent arrears and was briefly homeless. I drove to London to try and solve my housing issue but while I was in the offices my car was impounded as my parking had expired. This was on 1st March 2010. I tried to recover the car but I was penniless so left the car at the Carpound hoping to raise the money somehow to pick up the car. I did not inform Black Horse.
I then ignored the issue as I felt I had no hope in hell to raise the money at that point. What I have learnt now is that the Black Horse somehow got hold of the car , repossessed it and sold it to defray costs on 28 April 2010. Meantime I was not in employment until October 2011 ( another long story) and have been working since. I then moved a number of addresses as follows (1) March 2010 - September 2011 , (2) September 2011 - October 2012 , (3) October 2012 - July 2015 and my current address from August 2015.
I have no strong recollection of receiving any letters regarding this debt since March 2010 but have vague recollection that ther might have been one that I ignored from a debt collector ...but cannot remember at what stage. Also I have been checking my credit reference agency reports and BH debt does not appear.
I then woke up on January 1 2016 to a notification that I had a CCJ of £3999 entered on 29 December 2015. As it was New Year and a Friday I could not know what the issue was until Monday 4th. I contacted the court and they told me it was Hillesden (dlc) through their lawyers Restons who had brought the case emanating from BH. The address used in the claim is address number (3) above. Hillesden told me they contacted me at that address regarding their intention to go to court in September but obviously I had left the address in August, this is the address they would have sent the claim papers and used in court. The Default Notice is said to have been issued on 10th March 2010 but obviously I did not see it as I had left my original address.
I am hoping I have some good reasons to apply for this CCJ to be set aside , but please I need help in refining them or to be told they are not useful at all and I state them below
a) The car finance was under PPI ( part of the finance deal) , I was unemployed , I informed Black Horse and I was under the belief that the issue was settled and hence BH should not have sold on the said debt given that its payment should have been protected and also having repossessed the vehicle.
b) For the same above reason the default notice should not also have been issued
c) While it is the duty of the debtor to inform the creditor about address , I would have expected the CCJ to be issued on my original address. Hillesden have been tracing my addresses but failed to ascertain my address on this last occasion. One of the first things I did in August when I moved to my current address was to update the electoral register and DVLA and this obviously takes time to reach Credit Ref Agencies but I have updated my address ,so was not seeking to hide, I just had no clue this debt was in existence.
Please help me with any angles I could use or refine or what I should do. HELP!!!!HELP!!!!!HELP!!!!!
