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

[nemesis45]

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.

Well I guess that proves (to me) that Hoist have been playing silly buggers when filing this claim, as good a reason ( and proof) for getting the CCJ set aside.
What for guidance is the default date on the Noddle report.

nem

[Diana M]

Re: Have just discovered I have a CCJ!

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.

This just keeps on getting better and better

I wouldn't write to them right now.

Accusing them of "abuse of process" will only put their backs up. Sometimes things are best done by co-operation in preference to confrontation.

Wait until you've got all your ducks lined up in a row.

Di

[pandamonia]

Re: Have just discovered I have a CCJ!

My brother got a CCJ set aside and told the judge that i had never seen it before as they purposely sent to old address despite having access to credit systems which show current address being different.

The judge gave them 60 days to respond or he will throw it out. 60 days later the judgement was removed and thrown out!!!

[CharlieP]

Re: Have just discovered I have a CCJ!

[MENTION=55034]nemesis45[/MENTION] The default date on Noddle is Sept 2011.

- - - Updated - - -
[MENTION=55575]pandamonia[/MENTION] that sounds encouraging. I guess it's all down to the judge.

[nemesis45]

Re: Have just discovered I have a CCJ!

@nemesis45 The default date on Noddle is Sept 2011.

so

Ok I suspect then that the actual default date (knowing BC's ideas of registering defaults very late) may be considerably earlier.

From your " evidence " there has been an abuse of process and as pandemonia has shown a judge was not impressed with the claimant in that case.

The letter is fine as it is Charlie.

nem

[CharlieP]

Re: Have just discovered I have a CCJ!

so
The letter is fine as it is Charlie.

Thanks nem. I have removed the bit about requesting copies etc as Di pointed out plus I got them from MCOL.

[Diana M]

Re: Have just discovered I have a CCJ!

I have removed the bit about requesting copies etc as Di pointed out

There are other things that need to be removed and other things which need to be added, but I wouldn't want to be seen to criticize the author of that letter so I'll keep quiet

What I will ask is why are you threatening to make the set aside application on 3rd December when you've given them seven days to respond to your letter (deadline 30th September)? If I received that letter I would diary date to ignore it until 1st December since you've more or less said you won't do anything until then.

Added to that the court expects you to apply for a set aside as soon as practicable after you've have discovered the CCJ (within 21 days).

Di

[Diana M]

Re: Have just discovered I have a CCJ!

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.

The OP has said that the Default Judgment was sent (email) to him by MCOL after he called them this morning.

The court would have sent the original Order by post to the same address as the summons. Both have gone to the wrong address.

Di

[CharlieP]

Re: Have just discovered I have a CCJ!

Just an update. After a panic, I contacted Joanna Connolly Solicitors who set to work and succeeded it getting it set aside. A court date was set for this month and just before the witness statement was due they discontinued

Brilliant work by Joanna Connolly and her team. Highly recommended.

[Amethyst]

Re: Have just discovered I have a CCJ!

Congratulations Charlie. Great to hear things worked out for you xxx

[Diana M]

Re: Have just discovered I have a CCJ!

I contacted Joanna Connolly Solicitors who set to work and succeeded it getting it set aside. A court date was set for this month and just before the witness statement was due they discontinued

As you say they went all the way down to the wire.

Some solicitors work on the basis of 'first to blink'. They were the first to blink

It's finally over.

Di