CCJ to set aside or not?

**warwick65** · 14th July 2017, 16:22:PM

Re: CCJ to set aside or not?

One question

If you use one of the postcode search tools would it show your address

i.e if i put my post code in with my house number it could only be my property and therefore the letters should have reached me

As for the set aside

I think you would need to have a prospect of success so can upu tell us a little about the debt such as
Who were the original owners
Was it passed trough anyone else before PRA?
When was the account opened?

You may want to look at http://www.legalbeagles.info/forums/...ANA-MAYHEW-WIN

Might be relevant if your was similar

**annunaki** · 14th July 2017, 16:37:PM

Re: CCJ to set aside or not?

On the post code search there are around 50 addresses listed.
The court papers had no door number.

This was an overdraft with Halifax. The claim states an agreement was made with LLoyds.
PRA say it was assigned to Aktiv Kapital in 2013 and then to PRA in 2014
The account was opened in 2008.

Thanks for the link, very interesting. I had read this but mine refers to an overdraft not credit card.

**MIKE770** · 14th July 2017, 16:57:PM

Re: CCJ to set aside or not?

This was an overdraft with Halifax. The claim states an agreement was made with LLoyds. Note:- Halifax belongs to lloyds subsidery

**warwick65** · 14th July 2017, 17:00:PM

Re: CCJ to set aside or not?

the important point about the link was not the type of agreement but the assignment. In that case they were able to prove the assignment was flawed which meant PRA were unable, in law, to bring a claim.

**warwick65** · 14th July 2017, 17:10:PM

Re: CCJ to set aside or not?

So for the address, what they put would not have been enough to get your address

For example 197 LE5 4WJ would get to 197 Wakerly Rd Leicester - that is just a random postcode I picked, not related to anyone or anywhere I know

**annunaki** · 14th July 2017, 17:46:PM

Re: CCJ to set aside or not?

That's correct, warwick65. The postcode is correct but no door number nor street name.

I read the thread you mentioned again with more interest. I can't say if the notices of assignment were reconstituted or not as I have not seen them.
I can say that the default sum that PRA claim is incorrect as I still do have statements from all those years ago and all letters sent from Halifax. How important is this fact?

**warwick65** · 14th July 2017, 17:48:PM

Re: CCJ to set aside or not?

It might be very important

I know it was a current account but did they send a S87(1) default Notice, I know they did with my current account

**annunaki** · 14th July 2017, 20:48:PM

Re: CCJ to set aside or not?

just back from work. couldn`t reply via phone for some technical reason.
Yep, Default Notice Served under section 87(1) of the CCA 1974.
and the claim does have a wrong amount for the default balance (or the default notice is incorrect).

**Diana M** · 14th July 2017, 23:07:PM

Re: CCJ to set aside or not?

Originally posted by annunaki View Post

PRA group wrote back last week saying that a claim had been issued in Feb 17 and judgement by default entered in Apr 17.

Now here is the interesting part. On the phone the Court said that the address that the Court paperwork had been sent to had no street name or door number.

The CCj has not been registered as the Registry Trust has written to PRA group querying the address.

I would like the opportunity to defend the claim as the default amount is incorrect, the date of last payment is incorrect and I don`t recall receiving any documents regarding assignment etc.

I would get evidence from the Registry Trust and PRA to confirm that the CCJ was not registered because the address was queried.

Send a Subject Access Request to each/both of them if necessary.

An Application for a set aside must be done promptly.

Your Application for the set aside should include a Witness Statement and exhibits setting out the positon. Do you have any evidence that PRA should have known your precise address? Maybe previous correspondence from them? Or are you on the electoral roll at your precise address etc?

Your Application for a set aside should be accompanied by a Draft Defence to demonstrate to the court that you have good prospects of success if the CCJ were to be set aside.

From what you say a lack of Notice of Assignment served on you (not Stepchange) may be an issue to consider as one potential argument.

Di

**annunaki** · 15th July 2017, 10:34:AM

Re: CCJ to set aside or not?

I do appreciate the help given on this thread.
Please bear with me as I am reading and hopefully learning quickly.

In reply to Diane M

The CCj has not been registered as the Registry Trust has written to PRA group querying the address.
I was told this by the County Court Business centre. They said the Judgement hadn`t been registered and Registry Trust sent a query to PRA group in May to query the address.
I will write to PRA and Registry trust to get evidence of this. A response or a SAR request will take time though.
Am I right in thinking that I should get the application to set aside into the courts as soon as possible while waiting for the evidence?

Now I have bank statements which show that the default amount is incorrect.

Do you have any evidence that PRA should have known your precise address?

I don`t have the notices of assignment etc but the original creditor certainly had the correct address.

PRA group have certainly made an error in calculating interest which was included in the claim. Even if the total amount was correct, the interest has been calculated for at least 2 months more than it should have been as they have muddled the dates of payments.

Would this be enough to be a point to challenge the claim without being frivolous? To me that would be as the amount claimed is without doubt incorrect if only by £50 or so. Does it matter how wrong the amount is?

This is all new to me so forgive all my questions.

I agree that not receiving the notice of assignment would be another point.
Are you allowed to make multiple points in a defence?

Would it be a good idea to speak to PRA group to tell them I wanted to set the judgement aside and see what they say?

This help is very much appreciated. It makes me believe in karma once again.

**Diana M** · 15th July 2017, 12:31:PM

Re: CCJ to set aside or not?

Can you get hold of a copy of the Claim Form showing the incorrect/incomplete address from NCCBC.

You need the Case Details which will provide you with the Particulars of Claim (so you can prepare a Draft Defence if that becomes necessary).

Also a copy of the Default Judgment (CCJ) because you'll need that if you decide to make an application for a set aside.

Are you certain that this was an overdraft or did you have any other products with the Halifax such as a loan or credit card which may have been amalgamated before the debt was assigned to Aktiv Kapital.

How much is the CCJ (£4.3k?) and is it a 'forthwith' order meaning pay it all now?

Do you own your home in case you need to act fast to prevent a Charging Order if the CCJ is over £1k. Or to prevent any other enforcement options.

Di

**Diana M** · 15th July 2017, 12:37:PM

Re: CCJ to set aside or not?

Originally posted by annunaki View Post

Payments were made without fail until November 2016 when Stepchange stopped handling my account.
When I realised this I wrote to all my creditors to continue the repayments.
I didn`t know that PRA group had taken over the account. I found this out from stepchange. I wrote to PRA to find out the details etc.
I sent two letters and after 3 weeks PRA group wrote back last week saying that a claim had been issued in Feb 17 and judgement by default entered in Apr 17.

What happened between November 2016 and February 2017?

You say you wrote to all your creditors telling them you would be paying them direct. Did you write to PRA giving them your correct address before they issued these proceedings?

Di

**annunaki** · 15th July 2017, 13:06:PM

Re: CCJ to set aside or not?

1. I asked the court to send a copy of the form to me but they said they could not. They did email the Particulars of the claim which I have.

2. It was just for overdraft.

3. The court said the judgment was forthwith.

4. Not a home owner.

5. I didn`t contact PRA until June 17 as I didn`t know that it had been assigned to them. Nothing showed on my credit report and Halifax showed the debt as satisfied. It was only after contacting stepchange in June that I discovered that they had been paying PRA. I immediately wrote to PRA telling them I had no knowledge of any debt to PRA and asking for details. They took three weeks and two letters to get the response where I found out about the claim.

I am planning to go to Northhampton County Court on Monday to see if they can give me a copy of the Claim form and Judgement.

- - - Updated - - -

Would it hurt for me to write to PRA to ask them to set the judgement aside?

**MIKE770** · 15th July 2017, 13:37:PM

Re: CCJ to set aside or not?

you could set aside or request one if you have a valid reason why it should be

CCJ to set aside or not?