CCJ Received without knowledge - Help required

[jimbo83]

I have received a CCJ and I didn't get a chance to contest it, and I don't think it is a valid claim anyway.

I regularly check my credit file online and that is the only reason I knew of the CCJ.

Until I spoke to the CCBC I had no idea what the judgment was for. I received no notification of any kind that such an action would be taken.

I moved from the property on the judgment in November 2013 and I notified all of my creditors of my new address at that time. I also arranged a post forwarding service for 12 months.

To my knowledge, I am up to date with all agreements on my credit file and no other financial agreements are in place. As previously mentioned, I regularly check my credit file online. I have a monthly subscription to a credit checking service.

CCBC gave me the details of the solicitor that processed the claim on behalf on Cabot. Based on the information from Wright Hassall (the solicitors) the last payment made to this account was on 02/02/2010 for £5. I do not remember making any such payment to Cabot and based on that date, the debt would have been statute-barred by the time the CCJ was issued on 3rd March. I asked the solicitors when the claim was filed and they told me that it was on the 11/02/2016 so that's 6 years and 9 days after they reported the last payment to the account. Does that mean that this is statute barred and thus a non-starter?

I was not served any notification of the CCJ and if I had of been, I would have contested it at that time.

Apparently the debt was originally with Capital One, but I have a current Capital One account which is in good standing. I don't remember ever having another one, and surely if I had defaulted on one account they wouldn't have given me another one?

I'm not sure what to do. I only found out about the CCJ last week via an online credit check and I have no documents in order to acknowledge the claim.

All help would be greatly appreciated.

[Kati]

Re: CCJ Received without knowledge - Help required

Set aside needed [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] ??

[jimbo83]

Re: CCJ Received without knowledge - Help required

Hi,
Does anyone have any thoughts with this? I've not received the court claim pack as I moved out of the property on the claim several years ago. The new resident at my old property has previously sent on post that went to them, but nothing has been forwarded for 6 months or more. As I don't have the claim pack I'm unable to acknowledge the claim as I only have a case number, not the password required to do it online. As the CCJ has already been issued I'm not sure that I'd even be able to acknowledge the case at this stage.

I'm very stuck on what to do next so all help would be very much appreciated

[Kati]

Re: CCJ Received without knowledge - Help required

:bump: [MENTION=55034]nemesis45[/MENTION] ??

[jimbo83]

Re: CCJ Received without knowledge - Help required

Hi everyone,

I've submitted a set-aside request and been granted a hearing date. Today I received a letter from the opposing Solicitor offering a consent order to set aside the judgment. I believe if any debt is due it must of been statute-barred by the time they filed for the CCJ. Are they just trying to wriggle out of paying my costs, or should I accept the order?

Thanks

[charitynjw]

Re: CCJ Received without knowledge - Help required

Hi

Just to recap.

Cap 1 account - you're not can't recall what this one was.
Defaulted March 2010 (you paid in Feb - £5)
You moved house Nov 2013.
At some point Cabot/Wright Hassall are involved (Didn't you get a Notice of Assignment?)
By fair means or foul, they obtain a default judgment against you on 3rd March 2016.
A CCJ results.
You find out, & apply for a set-aside.
Now they not only don't oppose it, they actually consent to it.

:confused2:

If they consent to it, you could (I think) apply in a much cheaper way (ie without hearing app)

I'll give [MENTION=39710]des8[/MENTION] , [MENTION=71570]R0b[/MENTION] , & [MENTION=55034]nemesis45[/MENTION] a nudge.

[jimbo83]

Re: CCJ Received without knowledge - Help required

All correct except that they claimed I paid £5 in Feb 2010 but I have checked my bank statements and nothing is showing and I don't remember making a payment.

No notice of assignment received.

I only have a few days until the hearing date so I'm not sure that I will have any time to respond by letter before we are due at court.

Any help would be really gratefully received.

[des8]

Re: CCJ Received without knowledge - Help required

Sorry, set aside is not something I'm au fait with.
However there is this thread started by Amethyst which might help whilst awaiting more direct advice
http://legalbeagles.info/forums/show...lication-notes

[jimbo83]

Re: CCJ Received without knowledge - Help required

Just a quick addition, I applied for the set-aside through the court, paid the £255 and then the solicitor sent a consent order for the set aside with a 'no order as to costs'

UPON THE PARTIES having agreed the terms of this order, and in order to allow the Defendant
an opportunity to respond to the claim
AND BY CONSENT
IT IS ORDERED that:
1. The Judgment dated 3 March 2016 be set aside.
2. The Defendant do file and serve a fully particularised Defence to the claim within 14 days from
the date of service of the sealed copy of this Order.
3. No order as to costs.

[charitynjw]

Re: CCJ Received without knowledge - Help required

& when was the date of service?

[jimbo83]

Re: CCJ Received without knowledge - Help required

This is what the attached letter says, but it only arrived by email this afternoon and if they have sent a paper copy it has gone to my old address again (despite me telling them I had moved and providing them with the new address, that was also on my notice to set aside)

Further to your application for judgment to be set aside dated 7 March 2016 please find enclosed a
Consent Order to be signed and returned to us by 9 May 2016. Please note that you are not required to
date the Order as we will do this upon receipt.
If we do not receive the signed Consent Order by 9 May 2016 then we will have no option but to begin
preparations to attend the hearing of your application and seek to have it dismissed.

- - - Updated - - -

I assume the date they talk about is the date of service?

[jimbo83]

Re: CCJ Received without knowledge - Help required

Any other thoughts on this from anyone? I really need your help as I'll have to make a decision on Monday either way. Thanks in advance

[des8]

Re: CCJ Received without knowledge - Help required

Sorry, I know little, but as it is weekend and peeps here have families you might have to wait a while for a meaningful response.
This response will bump your post for you.

[MIKE770]

Re: CCJ Received without knowledge - Help required

[MENTION=1937]nemisis[/MENTION]45

[charitynjw]

Re: CCJ Received without knowledge - Help required

This is what the attached letter says, but it only arrived by email this afternoon and if they have sent a paper copy it has gone to my old address again (despite me telling them I had moved and providing them with the new address, that was also on my notice to set aside)

Further to your application for judgment to be set aside dated 7 March 2016 please find enclosed a
Consent Order to be signed and returned to us by 9 May 2016. Please note that you are not required to
date the Order as we will do this upon receipt.
If we do not receive the signed Consent Order by 9 May 2016 then we will have no option but to begin
preparations to attend the hearing of your application and seek to have it dismissed.

- - - Updated - - -

I assume the date they talk about is the date of service?

IMHO

I would reply now to the court email*, giving your consent, &

1) Inform them that you will send a signed copy under separate cover via land mail. (Get proof of posting)
2) Request that, as the application is now by consent, could Case Management please adjust the payment accordingly & refund the difference.

*CPR PD 2310(2)

Consent orders

10.1 Rule 40.6 sets out the circumstances where an agreed judgment or order may be entered and sealed.
10.2 Where all parties affected by an order have written to the court consenting to the making of the order a draft of which has been filed with the court, the court will treat the draft as having been signed in accordance with rule 40.6(7).