Unlawful CCJ?

[logibear]

Re: Unlawful CCJ?

The amount was around £1000 which is ridiculous for overdraft charges i know. As i say this happened when banks could stack charges on top of each other which I'm quite sure they're capped nowadays.
Its started off as a £30 returned direct debit and when i missed paying that (i was unemployed at the time) they gave me another charge for the previous charge sending me overdrawn! It got to £200 quite quickly at which i spoke to the bank paid some off and my account was to be stopped. I never user the account again and moved shortly after. My theory is the account was never stopped and carried on incurring charges onto of charges until the debt was passed on and i obviously couldn't be contacted as I'd moved.

Ok so I'll contact the bank regarding the SAR and then contact lowell.
Just to clarify, am i asking lowell to set the ccj aside due to me not knowingly recieved it?
Or tell lowell i will be applying to the courts to have it set aside? after reading the link about "setting aside" it seems i should contact lowell first before tye banks is this correct?

In each instant would it be better to contact the bank and lowell by post or phone? Trying to be prompt i would think calling would be quicker but I'm guessing letters hold more standing and leave a paper trail to reference in thr future if needed, is this also correct?

Thank you all again for your help, it is most appreciated.
I'm finally starting to build up an idea of the procedures of sorting this mess out.

[Amethyst]

Re: Unlawful CCJ?

Goodness me, £1000 from a £30 DD... crazy isn't it. Once you get transaction lists back from the bank directly you should be able to see how that managed to ramp up so much. Do you happen to recall if you cancelled the Direct Debits etc on the account when you spoke to the bank when the account was to be stopped ?

Yes you should ask the claimant ( via their legal rep - so B W Legal according to the court?) for their consent to the set aside before you apply, give them 7 days to respond to your letter before filing.

In writing is always better for the papertrail ( plus used recorded delivery if possible).

[logibear]

Re: Unlawful CCJ?

I know, i couldn't believe it either, i really wish i could of done something back then, as its proving difficult now it been made a legal issue.
I'm quite certain i cancelled any DD's after that incident, even though no money was physically being taken out the account I'm sure i wouldn't of chanced incurring more charges for the returned DD.

I'm going to start writing the letters up tomorrow, hopefully using some of the templates provided and kindly shared by you guys.
When writing my SAR i haven't my old bank account number/ details etc, only my old address and branch, will the bank still be able to provide me with information and will they need proof i am me, e.g. I.d verification?

When i write my letter to bw legal/lowell, do i write my letter to the courts at the same time?
Do i need consent from lowell to set it aside first and still pay the £255 for it to be set aside by the court, or is that only if they reject the consent? Still not too sure on this part yet.

Sorry if i seem confused, I'm just trying to make sure on exactly what order to do everything and to do it correctly.

Thanks guys

[mr_c]

Re: Unlawful CCJ?

I believe you send your letter off to lowell asking for their consent to set aside the CCJ and give them 7 days to do so, so you say if you don't hear back from them in 7 days you will be submitting the N244 form.

Its £100 if they do consent or £255 if they don't

You may want to wait for someone more experience to confirm though

[logibear]

Re: Unlawful CCJ?

[MENTION=6]Amethyst[/MENTION] could you confirm what [MENTION=104652]mr_c[/MENTION] has said? You seem to have experience in this matter.

If and when it is set aside what happens next?
Is it different procedures if it's given consent and if it isn't?

E.g. if lowell give consent do i then have to deal with them and/or perhaps have to make a deal with them to get rid of the ccj?

What does setting aside actually mean, is it just temporary while the case is dealt with? Is it the courts that ultimately decide?

I'm still struggling with understanding exactly what I'm up against, it's almost like a different language to me at this point.

[mr_c]

Re: Unlawful CCJ?

I am going through a similar thing myself. I have submitted a n244 form. I also wrote to the claimant and their solicitor asking for consent but have had no response so I am awaiting a hearing date.

Set aside basically means you are put back to the point before the ccj was applied. So you get your chance to either settle or defend the claim.
It will be at the courts discretion as to whether or not to set aside but having the claiming consent can only be beneficial.

Again, this is just from what I have learnt from my experience of this situation .

[logibear]

Re: Unlawful CCJ?

Hi all,
Sorry to revive this thread but I wanted to update my progress and gain further advice if possible.

I've sent my 'sar' letter off to the bank to try and find out the dates of the original debt to use in my defence as I'm almost certain it was statute barred when the ccj was given.
Also I never knew about the debt so I also never acknowledged it either which I'm hoping helps my case.

I'm now struggling what to send to BW legal/ Lowell.
As this is all legal speak i don't want to write the letter incorrectly and I'm sure BW legal will use anything I say in the letter wrong against me.

So far I am addressing the letter to BW legal's offices not Lowell is that correct? Or to both?
I'm to state I wish to have consent that the ccj be set aside using the defence of the debt being statute barred and having no prior knowledge of the debt.
State the original address that any letters were sent to and that I haven't lived at that address since before the debt was passed to them at which i never received any letters or claim forms.
Inform them that I will be writing to the courts filling for the ccj to be set aside using the defence as stated earlier if consent is not given or i do not hear back from them in 7 days.
Is they're anything else i should add to that?

Someone mentioned filling a draft defence too, i browsed through the draft defence form i think i should be able to fill it out ok, should i send that off too or wait for a response from bw legal?