**WON** Set-Aside & Claim Dismissed **** CCJ Help

[mr_c]

Hi guys, I am new to this site and in desperate need of some advice.

Basically, I randomly decided to check my Experian report a few weeks ago and to my shock my rating had gone down from excellent to very poor. Looking into this further I saw that a CCJ for about a grand had been placed on me in Feb 2017. I have had no correspondence what so ever about this. On the CCJ section it does list my old address which I have not lived at for nearly 4 years. Turns out this for an overdraft on a bank account I had with HSBC which I have not used in about 7-8 years so there is no way I would have received any letters about this. I did not tell HSBC about when I moved to my new address 4 years ago, because I hadn't been using that account for years and just forgot about it. But I didn't tell them about my old address either, the one they have listed on the CCJ, because again I had not used that account in years. So I don't understand why they have sent correspondence to my old address when I never told them about it and not to my new address, again, an address that I have not told them. I have read that they can send letters to my 'last known address' but my old address cannot have been my last known address because I never told them about it? If they established that I lived at the old address, potentially via electoral roll checks, then why would that same process not have been followed to find my current address?

In addition to this, it must be atleast 7-8 years since I last used this account so is this statute barred? Had I actually received the letters I would have paid this in full on the spot. I need this CCJ off my record. What are my options?

Thanks in advance.

[Amethyst]

Re: CCJ Help

Morning

When did you move from the address you had when you used your HSBC account to the address you have the CCJ at ? and when did you move from there to your current address?
The CCJ would have been issued in December 2016 or Jan 2017 - so for a statute barred defence you will have to have not used the account since latest Dec 2010. Presumably any original default from HSBC has already fallen off of your credit file?

To get the CCJ removed you will need to apply to the court to set-aside the Judgment. It will cost you either £100 or £255 to apply. £100 is if you can get the judgment holder to agree to set aside the judgment before you apply. You must act promptly, so the best thing to do is to write to the Judgment holder ( who is it?) and enclose a copy of your application that you will file at court on a certain date ( 7 days after they receive your letter should be plenty). If they agree you can file 'by consent' and pay £100 and it should just be dealt with on paper by the court. You can then go on to defend the claim on the stat barred grounds if valid, or just pay the judgment amount which will stop it going back on your file - but normally to get the set aside you need to show you have a valid defence that has a reasonable chance of success.

The form you want is the N244 - there's a bit of guidance here Set Aside Application

[warwick65]

Re: CCJ Help

As this was sent to an old address you may be able to get it set aside. [MENTION=6]Amethyst[/MENTION]. [MENTION=5553]charitynjw[/MENTION]

I am not sure of the exact process but unless you get fee remission it could cost you fees.

[mr_c]

Re: CCJ Help

Morning

When did you move from the address you had when you used your HSBC account to the address you have the CCJ at ? and when did you move from there to your current address?
The CCJ would have been issued in December 2016 or Jan 2017 - so for a statute barred defence you will have to have not used the account since latest Dec 2010. Presumably any original default from HSBC has already fallen off of your credit file?

To get the CCJ removed you will need to apply to the court to set-aside the Judgment. It will cost you either £100 or £255 to apply. £100 is if you can get the judgment holder to agree to set aside the judgment before you apply. You must act promptly, so the best thing to do is to write to the Judgment holder ( who is it?) and enclose a copy of your application that you will file at court on a certain date ( 7 days after they receive your letter should be plenty). If they agree you can file 'by consent' and pay £100 and it should just be dealt with on paper by the court. You can then go on to defend the claim on the stat barred grounds if valid, or just pay the judgment amount which will stop it going back on your file - but normally to get the set aside you need to show you have a valid defence that has a reasonable chance of success.

The form you want is the N244 - there's a bit of guidance here Set Aside Application

So the HSBC account was one I used when I was a student, I finished University in 2008. I then moved into a flat for a year and still used that account, so was using it in 2009. Between 2009 and now, I have moved address probably 5 times and not once did I update HSBC because I made a new account and, to be honest, completely forgot about the HSBC account.

I moved into the address that the CCJ has been registered to 2012 and then moved from there into my current address in 2014.

Yes there is no mention of HSBC on my credit report.

How do I go about getting the judgement holder to agree to set aside the judgement? Is there a template I can use to write to them?

Thanks

[mr_c]

Re: CCJ Help

Great, thanks for that.
The judgement is with Arrow Global.

With regards to the statute barred, does the 6 years start from the last time I made a payment on the account? or the date of default? or are they the same thing?

If it is not statute barred, can I still send a letter to them asking them to agree to remove the CCJ?

So what I need to do is:

1) Write a letter to Arrow Global asking for them consent to setting the order aside
2) Send the N244 form to the court along with confirmation from Arrow Global agreeing for it to be set aside
3) If all goes well the judgement comes off
4) Then I either pay the amount or dispute it (depending on whether or not it is statute barred) and also because everything was sent to the wrong address

Is that right?

If I pay the amount off does it go down as satisfied or does it completely come off my record?

Sorry for all the questions, I have no idea about this kind of stuff and it is really stressing me out.

Thanks

[Amethyst]

Re: CCJ Help

1-4 is correct

If you pay it off before it is setaside it would be marked as satisfied and remain on the file for 6 years. If you pay it off after it is setaside then it is removed from your file and doesn't go back on.

Do you know the date of default ? Overdrafts are ridiculously tricky to suss out the cause of action date - unless there were terms on the account saying things like you had to pay in a certain amount each month, or run two direct debits etc, and if you breach that they have the right to close the account ... they tend to be allowed to run on for years without any action being taken.

Do you know much about the debt? When you stopped using the account was it a few hundred overdrawn, had you left DD's running, how did the amount build up ?

Really you're saying SB now to show there could be a viable defence, as you intend to just pay it once the CCJ is off your file.

[mr_c]

Re: CCJ Help

So I have just checked on noddle (Experian appears to be playing up) and it has more details than Experian had.

It says the date of default is 19/09/2011 - which is why I asked earlier about when the 6 years starts from. Because if it is from this date, then 6 years has not passed. If it is from 6 years of last payment on the account then 6 years will have passed.

It was so long ago that I don't remember a great deal, I believe there was an overdraft facility on the account, and from noddle it looks like it was £957 overdrawn. it is now showing as £1,210 which I am assuming are fees being added on to it.

If I write to Arrow Global, should I tell the courts that I am doing so? to hold off any action? My concern is that the judgement was put on in Feb 2017, I only saw it 3 weeks ago, so it has been there for 5 months without me knowing and I don't want to end up with bailiffs at my door or anything.

Do you think the combination of it potentially being statue barred, correspondence being sent to an address I haven't lived at for nearly 4 years and agreement from Arrow Global to set it aside would work? Obviously there's no guarantee that Arrow would agree, so if they don't agree then do I still stand a chance?

Thanks

[Amethyst]

Re: CCJ Help

You only found out about it very recently ( on Noddle) and know little about the debt .... so promptly write to Arrow, no need to copy it to the court, give them 7 days to respond, then file your SA app at court. Also recommend you have a read of Paul's blog post here - http://legalbeagles.info/forums/show...esson-to-learn

The judgment amount will have court fees and sols costs added. That £957 could be made up of fees/charges/interest - it was a long time ago so unlikely you'd recall how much of it was actually spends - you could try and find out by asking HSBC for copies of statements ( though probably cheaper to send a full Subject Access Request Letter to HSBC to find out more info on the account )

I wouldn't overthink the statute barred bit - Arrow will have to try find out the default date. It is in all honesty unlikely they will consent however it helps when you make your app that you have acted promptly and requested their consent before filing.

[mr_c]

Re: CCJ Help

So I write to Arrow now (can I email?)
Do I wait for them to reply before I send off my N244 form to the court?


Do you mind if I contact you privately of a copy of what I send to Arrow before I send it?

[Amethyst]

Re: CCJ Help

Yip you can PM me , I'll have to reply on here though if there's any amendments. Do you have the email address ? I think I'd send email and send a hard copy in the post.

Yes wait the 7 days for them to reply ( will save you £155 if (on the outside chance) they do consent )

They've had the judgment for nearly 6 months, so don't panic about enforcement now just because you know about it... if they HAD tried to enforce it would be at the old address in any case

[Amethyst]

Re: CCJ Help

That looks fine to me Are you okay filling out the N244 and other docs needed for the app?

[mr_c]

Re: CCJ Help

Great, cheers.
I am just looking at that now actually, and there a few bits I am unsure on if you don't mind helping.

Claim no. - is this the reference number on my credit report?

What order are you requesting the court to make and why - Set aside a judgement because it is potentially statute barred and correspondence sent to an address not lived at for nearly 4 years?

In fact, every question from there onwards lol

[Diana M]

Re: CCJ Help

The judgement is with Arrow Global.

What is the exact name of the Claimant?

Is it Arrow Global Ltd with a Manchester address?

Or is it Arrow Global (Guernsey) Ltd?

Who were the solicitors who issued the proceedings?

Di

[Amethyst]

Re: CCJ Help

Ha ha okay.

Claim No. - what is the reference on your credit report? should be something like AP12345C if its the claim number. It might be worth giving Northampton Court a call and asking them the claim ref and claimant / sols details as you have just found the judgment on your file and have no idea what it is so wish to apply to set it aside.


Telephone 0300 123 1056

Telephone 01604 619 400



Order requested

An order that judgment be set-aside pursuant to CPR 13.3 and the Defendant be able to defend the claim. The claim was issued to an incorrect address and was not received by the Defendant. The Defendant contends the alleged debt to be statute barred by virtue of the Limitations Act 1980.

[mr_c]

Re: CCJ Help

It is Arrow Global Ltd - doesn't show an address on noddle.

Regarding the solicitors, it does not say this either, do I need to know that? if so, how do I go about finding it?

- - - Updated - - -

Am I attaching a draft of the order I am applying for?

Do I need to do a witness statement/statement of case/write evidence in the box?

Cheers