Ccj shoosmiths solicitors not sure what to do next??

[triumphtr7]

Hi, I am fairly new here so I hope I am in the right place.
Approximately 3 weeks ago I spotted a CCJ on my credit file dated 22nd Aug 2017, after trying to get the Northampton county ourt business centre to answer the phone, I finally got through and was told this was for Shoosmiths solicitors and the total was £831 including costs.

I called Shoosmiths and was told that is was for a Shop direct account from 2012, it is in my maiden name which I dispute as I didn't use my maiden name then. I requested a copy of the credit agreement and they said they weren't obliged to do so as it was under judgement. Is this correct if it is in the 30 day period of the judgement?

I wrote to the courts with a defence and a copy of it was also sent to shoosmiths with a cca requests. Shoosmiths haven't responded, I have now received a reply from the court saying I can fill out a N244 Application notice but as I work it will cost me £255 for the pleasure. I had no chance to defend before the ccj appeared as both Shoosmiths and the courts wrote to my old address I moved from over 3 years ago. So the question is what now? The ccj is now on my file as it has been over 30 days.
Is it worth me paying £255 to defend, do I have a chance? Surely Shoosmiths should have provided the cca when I requested?

Any advice will be greatly appreciated, I am so stressed with this whole thing.

[R0b]

Re: Ccj shoosmiths solicitors not sure what to do next??

The first issue is that you need to make a prompt application to the court to set aside, 3 weeks is pushing it pretty much but you could perhaps argue that you were not aware of the procedures and upon the advice from the court you promptly made the application.

Your first step is to contact the court and request a copy of the claim form and any detailed particulars of claim and/or any other documents the claimant has submitted.

The court may still be open so if you call now you should have some details to go through over the weekend and look at your options. In the meantime, did you receive any correspondence from the claimant when you were at your old address, and did you update your details on the electoral roll, DVLA etc.?

They have a judgment so I think the CCA request is irrelevant for the time being but could come back into play if you successfully set aside the agreement.

You may also want to look at sending a subject access request to the claimant (if they are Shop Direct or another debt purchaser) along with a fee of £10 to get everything they hold about you, including all information Shoosmiths holds about you in relation to any correspondence that has been sent out - though you wouldn't be entitled to anything concerning advice given to their client.

Once you have sufficient information, you can then establish and start to decide whether you pursue an application to set aside the judgment either with or without the consent of the claimant.

[triumphtr7]

Re: Ccj shoosmiths solicitors not sure what to do next??

Thank you for your reply. My name is on the electoral register at my current address yes, So they could have found me. I haven't had any correspondence from Shop direct that I am aware of, but as I said they could have been writing to my previous address.
The judgement was made on 22/08/2017, I have been back and fourth since as I couldn't find out who the debt was with, therefore I didn't know who to send cca requests etc to. I called the business centre non-stop for days, no answer. I emailed the court, they responded after 9 days. In the end it was money claim online that gave me the details. So it has been difficult to do anything.

So moving forward, I will send a subject access request to Shoosmiths or shop direct? And apply to the courths to have it set aside using form n244?
Will anything happen while I wait for that? The courts won't send bailiffs etc?

I have just applied for help with court costs as it looks like I am under the income threshold.

[R0b]

Re: Ccj shoosmiths solicitors not sure what to do next??

Well its gone 5pm now so the Courts will be closed and no doubt Shoosmiths will be too, so whatever information you are lacking will have to wait until Monday.

Do you have a copy of the claim form or any documentation from the court? If not that is your first step before you do anything else on Monday. MCOL should be able to email the documents to you and provide you with basic information like the claim number which you will need for your application.

If Shop Direct are the actual claimant's (and you would only know this if you have the claim form) then the subject access request will need to go to them. I suggest you look at the examples on the following link for templates of SAR Requests, which you might need to tailor to include documentation from Shoosmiths.

http://www.legalbeagles.info/forums/...+acess+request

Bailiffs are unlikely as they should in theory correspond with you to request payment as per the judgment before bailiffs would be sent to recover payment, though that's not to say they won't do anything underhand.

[triumphtr7]

Re: Ccj shoosmiths solicitors not sure what to do next??

Hi and thanks your patience.

I have had documentation from the court with the case number on, this was a letter in reply to a defence I sent along with a copy of a cca request to shoosmiths.
This reply simply stated that if I wish to apply to have the judgment set aside I should use form n244 and pay the fee, I received this letter yesterday.
Before this I hadn't received anything regarding this claim from the court or shoosmiths.

[R0b]

Re: Ccj shoosmiths solicitors not sure what to do next??

Post up the documentation with your personal info redacted, or if you are struggling you can email Kati@legalbeagles.info and she can do it for you. Make sure to mention the title of your thread so she knows whose it is - [MENTION=49370]Kati[/MENTION]

[triumphtr7]

Re: Ccj shoosmiths solicitors not sure what to do next??

Thanks, I have emailed Kati the images. I also have an email from the courts, should I forward that too?

[Kati]

Re: Ccj shoosmiths solicitors not sure what to do next??

Thanks, I have emailed Kati the images. I also have an email from the courts, should I forward that too?

got them ... [MENTION=71570]R0b[/MENTION] xx [MENTION=101844]triumphtr7[/MENTION] ... anything else you have would be useful too (I can redact as necessary) xx

[R0b]

Re: Ccj shoosmiths solicitors not sure what to do next??

Not the document I was hoping to see - do you have the claim form?

Looks a bit like this http://justclaim.co.uk/images/n1.png

[triumphtr7]

Re: Ccj shoosmiths solicitors not sure what to do next??

I have emailed Kati a copy of the email I received from the county court business centre in reply, this has a claim form as you have mentioned, this was however 20 or so days after I emailed the courts as they simply weren't answering the phone. I will also point out that by the time they replied the ccj was beyond payment anyway a it was over 30 days. This is the only copy of the claim form I ever received.

CCJ ISSUED 22/08/2017
Finally obtain copy of claim form 20 days after emailing court 21/09/2017
Giving me no time to defend.

[Diana M]

Re: Ccj shoosmiths solicitors not sure what to do next??

If a claim was served on an address where you didn't/don't live/reside then you may have grounds for a set-aside.

We (my firm) successfully deal with set-asides up to two years (or more) later (post judgment) if there's a good reason for not knowing it happened so don't get overly worried about the time lapse.

You say the original creditor was Shop Direct. You say the claim is/was in your maiden name. Is that the only reason you dispute the claim (wrong name on the claim form) or have you no knowledge of the account?

Di

[Diana M]

Re: Ccj shoosmiths solicitors not sure what to do next??

this was a letter in reply to a defence I sent along with a copy of a cca request to shoosmiths.

Do you mean you filed a Defence but still got a Default Judgment?

Di

[triumphtr7]

Re: Ccj shoosmiths solicitors not sure what to do next??

Hi and thanks for your reply. I don't recognise the account, Shoosmiths say it is an account at my previous address but I didn't open an account whilst there. It may possibly be from my address prior to that as I did have a shopping account then but to be honest that was at least 5 1/2 years ago.
I had a lot going on around that time as my Mum was terminally ill and I was dealing with all of her personal business before and after she passed away. I did fall behind with my own business.
But since then I have bee on the electoral register at my address and no contact has been made until I saw the ccj.
So my defence would be, no contact, don't have any evidence this is my account and have been supplied with none. And shoosmoths saying this account is from an address I know for sure I did not open an account or use an account with shop direct.

[triumphtr7]

Re: Ccj shoosmiths solicitors not sure what to do next??

Here is a run down of what has happened so far.

22/08/17 CCJ registered on my credit file
for the next few days I call county court business centre and money claim to find out who claimed the £831, no answer, continuously calling.
I decide to email county court but didn't get a reply.
Finally I get through to money claim online who tell me it is shoosmiths.
I call shoosmiths and request proof of this being my account, she says the client shop direct isn't obliged to provide as it is under judgement.
I then write to county court with my defence, stating not received anything relating to this claim etc. I sent cca request and copy of this to shoosmiths but no reply yet.
The court respond with letter stating I can apply to have set aside using form n244 but will cost £255 which I didn't have.
I have filled out a form applying for financial help with court costs.
I am awaiting a reply to that.