SET ASIDE & discontinued Have just discovered I have a CCJ!

**Diana M** · 23rd September 2016, 09:29:AM

Re: Have just discovered I have a CCJ!

Originally posted by CharlieP View Post

informing me that my own credit file has been updated so I duly went on to check it only to discover I have obtained a CCJ on 16th Sept.
I phoned the court for more info only to find out that it is H0ist who sent it to an old address. The strange thing is back in January they did send an LBA to me at my current address.

Obviously had they sent a claim I would a defended but as they sent it to an old address despite having my new address do you think I have a good chance to set aside?

If a summons was issued at an address which the Claimant knew was wrong then you ought to be able to get the CCJ set aside as long as you can demonstrate that you would have had reasonable prospects of success with your Defence if you had been given the opportunity.

Don't ring the solicitors (Howard Cohen?). Everything must be in writing.

Get a copy of the summons from MCOL (you need to see the POC) and a copy of the Default Judgment.

Have you kept the LBA which Hoist sent to your current address and did you reply to it at the time?

What would your Defence be if given a second chance to deal with this?

Di

**CharlieP** · 23rd September 2016, 09:39:AM

Re: Have just discovered I have a CCJ!

Hi @Diana M,
Thank you. Yes it is Cohen. It's allegedly an old Bcard debt that I'm unsure of. I'm sure I have reasonable prospects of success with my defence.

How can I get a copy from MCOL without a claim form password and how would a get a copy of the default judgement when it would have been sent to an old address? I have the very basic one from Trust online but that just shows the CCBC and the claim number.

Yes I have the letter from Hoist sent to my current address in front of me however, I wasn't fully aware of it's implications so sat tight hoping it was just an empty threat.

My defence would be I do not recognise the account.

Many thanks
Charlie

**CharlieP** · 23rd September 2016, 10:01:AM

Re: Have just discovered I have a CCJ!

A few searches and I found this which I've adapted to fit. Is this good enough to send?
Thank you!!!
Dear Sir,

Reference: Hoist v Me - Claim No xxxxxxx

I have been made aware of a Judgment by Default order from the Northampton County Court Business Centre dated 16 September 2016.

I was completely unaware of this County Court claim and have received no other documents from either the Court or from yourselves. I therefore have very limited information on which to proceed. I note that you were aware of my current address having sent a Notice of Pending Legal Action on 2^nd January 2016, however you then issued a claim form to an old address resulting in a Default Judgement.
I intend to apply to the court to set aside the judgment due to not having received the documents and having a reasonable prospect of success in defending the claim, and in the interests of saving time and costs I would ask that you consent to set aside the judgment.

I would appreciate it if you could send me a copy of the original claim form and any other documents which you intend to rely on in the case.

I look forward to hearing from you within the next 7 days. I am sure you appreciate I want to get this sorted out as soon as possible and that time is of the essence in making an application to set aside the default judgment. I therefore intend to submit my application on the 3^rd December 2016 should I not hear from you positively before that date, and I will be asking the court awards me the costs in the application.

Yours faithfully,

**Diana M** · 23rd September 2016, 10:10:AM

Re: Have just discovered I have a CCJ!

I'm not in a position to endorse any letter written by someone other than my firm.

I sense you're in a hurry to get shot of this CCJ when this may be a case of 'more haste less speed' if you want to do the job properly.

You don't ask the Claimant for the paperwork. You ask MCOL for it (ring them). You have the claim reference from Trust Online. That's all you need.

You need to see the POC before you make your next move.

It's good that you've kept the LBA sent to the correct address. That may form part of your evidence.

I'll leave it to the Beagles to guide you through the set aside process. I understand there may be a link to the proceedure on the forum.

Di

**CharlieP** · 23rd September 2016, 10:39:AM

Re: Have just discovered I have a CCJ!

Ok thank you. I have the POC and judgement from MCOL

THIS CLAIM IS FOR THE SUM OF £ 4434.76 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO.********* PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA). THE DEBT WAS LEGALLY ASSIGNED BY MKDP LLP (EXBARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. THE DEFENDANT HAS FAILED TO MAKECONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 4434.76 2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8.00PERCENT FROMTHE 27/09/11 TO THE DATE HEREOF 1785 IS THE SUM OF £ 1735.02 3. FUTURE INTEREST ACCRUING AT THE DAILY RATEOF £ .97 4. COSTS

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[MENTION=55034]nemesis45[/MENTION] Hi, are you able to guide please? I'm in a panic.

Attached Files

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**pandamonia** · 23rd September 2016, 11:18:AM

Re: Have just discovered I have a CCJ!

Originally posted by CharlieP View Post

Ok thank you. I have the POC and judgement from MCOL

THIS CLAIM IS FOR THE SUM OF £ 4434.76 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO.********* PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA). THE DEBT WAS LEGALLY ASSIGNED BY MKDP LLP (EXBARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. THE DEFENDANT HAS FAILED TO MAKECONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 4434.76 2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8.00PERCENT FROMTHE 27/09/11 TO THE DATE HEREOF 1785 IS THE SUM OF £ 1735.02 3. FUTURE INTEREST ACCRUING AT THE DAILY RATEOF £ .97 4. COSTS

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@nemesis45 Hi, are you able to guide please? I'm in a panic.

This is the same 8% interest im being charged on my claim. I dont know if they can legally add 6 years of interest to a claim?? What is this s69 8% interest?

I can find information saying that S69 EXCLUDES debts which are regulated under the CCA.

" judgment interest is governed by the County Courts (Interest on JudgmentDebts) Order 1991 (SI 1991 No 1184). The order excludes a range of cases from judgmentinterest, including suspended orders for possession, debts regulated by the Consumer CreditAct 1974 and maintenance payments (except for lump sums of £5,000 or more)" -

**Diana M** · 23rd September 2016, 11:19:AM

Re: Have just discovered I have a CCJ!

Originally posted by CharlieP View Post

I have the POC and judgement from MCOL

THIS CLAIM IS FOR THE SUM OF £ 4434.76 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO.********* PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA). THE DEBT WAS LEGALLY ASSIGNED BY MKDP LLP (EXBARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. THE DEFENDANT HAS FAILED TO MAKECONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 4434.76 2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8.00PERCENT FROMTHE 27/09/11 TO THE DATE HEREOF 1785 IS THE SUM OF £ 1735.02 3. FUTURE INTEREST ACCRUING AT THE DAILY RATEOF £ .97 4. COSTS

Hi, are you able to guide please? I'm in a panic.

No need to panic especially if the original creditor was Barclaycard

Do you remember when the account was opened? Would it have been before or after April 2007?

Di

**CharlieP** · 23rd September 2016, 11:23:AM

Re: Have just discovered I have a CCJ!

Di, It was 2005 according to Noddle

**nemesis45** · 23rd September 2016, 11:24:AM

Re: Have just discovered I have a CCJ!

Originally posted by CharlieP View Post

Ok thank you. I have the POC and judgement from MCOL

THIS CLAIM IS FOR THE SUM OF £ 4434.76 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO.********* PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA). THE DEBT WAS LEGALLY ASSIGNED BY MKDP LLP (EXBARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. THE DEFENDANT HAS FAILED TO MAKECONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 4434.76 2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8.00PERCENT FROMTHE 27/09/11 TO THE DATE HEREOF 1785 IS THE SUM OF £ 1735.02 3. FUTURE INTEREST ACCRUING AT THE DAILY RATEOF £ .97 4. COSTS

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@nemesis45 Hi, are you able to guide please? I'm in a panic.

Hello Charlie,

What's the history on the Barclaycard account please?

Was the judgement order sent to your current address?

It won't be the first a convenient " old address" has been used to file a claim not the last I suspect!!

From what you say so far Charlie Hoist were fully aware of your correct address i.e. the letter before action and now the judgement order reaching you without problem.

I would send that letter asap to put them on notice that you are aware of a possible abuse of process.

nem

**Diana M** · 23rd September 2016, 11:25:AM

Re: Have just discovered I have a CCJ!

Originally posted by CharlieP View Post

Di, It was 2005

Jolly Good

Can you remember when it was assigned to MKDP?

Di

**CharlieP** · 23rd September 2016, 11:28:AM

Re: Have just discovered I have a CCJ!

Hi [MENTION=55034]nemesis45[/MENTION]

Yes the letter before action was sent to me here but the claim form was sent to an old address. I discovered judgement via Noddle. That judgement has the old address on so I presume it will be sent there and I won't get a copy other than the one MCOL emailed to me

**nemesis45** · 23rd September 2016, 11:31:AM

Re: Have just discovered I have a CCJ!

Charlie did you receive a Default Notice From BC? If so can you remember if it was actually on BC letterhead or on Mercers Barclays in house collections?

Please don't panic over this as you know help will be here for you through every stage.

nem

**CharlieP** · 23rd September 2016, 11:34:AM

Re: Have just discovered I have a CCJ!

Originally posted by Diana M View Post

Can you remember when it was assigned to MKDP?

I have no idea. The Noddle entry shows Bcard, closed and settled with an end date of Sept 2011.

I do wish I'd paid more attention to my credit report before this!

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Originally posted by nemesis45 View Post

Charlie did you receive a Default Notice From BC?

Nem, I have no idea. I don't recall, it would have been 5 years ago.

**CharlieP** · 23rd September 2016, 11:38:AM

Re: Have just discovered I have a CCJ!

Incidentally, I notice that my credit report has my current and old address linked. The source of the link is none other than the claimant back in 2013.

SET ASIDE & discontinued Have just discovered I have a CCJ!