Have I got grounds for CCJ being set aside?

[Sammyc84]

Basically, I’ve been given a CCJ that I believe should be set aside. I have made a formal complaint with TM Legal services and they are investigating whether there is cause for them to set aside the CCJ. However, they have stated it may take up to 8 weeks to come to a decision. So I wanted some independent advice as to whether I should apply myself to have the CCJ set aside. I’m not sure where I’d stand legally by waiting and I don’t want it on my credit file.

I’ll give you some background information about how the CCJ happened and why I think it should be set aside:

I had a debt from Avant passed on to Perch and in 2021 I requested a copy of the original CCA document, this wasn’t sent for over a year.

On the 21st July 2022, I was sent an email stating that they intended to claim for a CCJ and that i had been sent a claim pack. I never received a claim pack and when I rang them to complain as I’d still not received the CCA from them, they said they would cancelled the claim for CCJ (that’s not the correct terminology but I’m unsure what is correct so my apologies).

Last week, I received another email stating they had filed a CCJ against me because I’d not responded to the claim pack that was sent out (again, I never received this). I rang them because, as as far as I was concerned, I’d not been sent the original CCA or any official documention about a CCJ. They claimed I’d been sent the CCA through the post on the 13th August and that the letter sent in July was my warning of their intention to file for CCJ, even though, when I spoke to them on the phone, they said that this would be cancelled due to them not fulfilling my request for the CCA.

I then contacted them to make a formal complaint (as some mail from them was posted through my letter box that had been sent to my old address). This was only the most recent letter stating they were filing a CCJ against me and there was nothing I could do unless I paid the full amount outstanding within 30 days. I realised then that all my Mail had been being sent to my old address (same street, different number), however, I have rang them twice and given the correct address and it’s never been flagged up by them.

Do you think it is likely that I have a good case for that CCJ being set aside? And is it worth me waiting for them and seeing if they find the complaint in my favour or should I do it myself? I’m not disputing the debt is mine but I haven’t been given opportunity to set up a repayment plan due to them firstly not providing me with the CCA and then filing a CCJ without any warning or chance to defend.

[MIKE770]

8 weeks is the time limit they have to deal with a complaint. but in this case is different as a CCJ is in place, you could get set aside as they failed to ensure you got a pack,

secondly if you have requested CCA1974 and paid a £1.00 they have failed to supply? then that is also a good reason to get set aside. which means it will cost you £275 to lodge a set aside request. You may be able to get a CCJ set aside if the original judgment was made without your response being taken into account. This could happen if:

• The claim form was sent to an old address
• You didn't receive the claim form because of problems with the post
• You replied to the claim form on time but the creditor ignored this or asked the court for a judgment too early

Set Aside Application

also more real details needed as to what debt relates to etc etc?

[Sammyc84]

thanks for replying

Do I just wait for them or would should I apply myself? If I applied myself and won, could I put the £275 cost back on TM legal?

I’m not sure whether I paid £1 but I requested it over a year ago and was never sent the CCA, then got the email stating they were claiming for CCJ. so I rang them and said I’d never received the CCA, so they said they would chase it up and that their intention to claim a CCJ would be revoked. This was over the phone. I never received it then got told they had already claimed a CCJ against me (a few weeks ago) so rang and said I’d not received the CCA and they said that they’d sent it via post in august (I didn’t realise at the time but it was to the wrong address). At that point, I told them about my phone call back in July and they said they’d have to investigate and listen to the phone call.

I’ve rang several times and told them my correct address.

With regards to the debt, it was a loan with Avant. I stopped paying it as I was struggling and they kept adding interest and charges. Which is why I wanted to see the CCA because I wanted to know if they were legally able to do that. I borrowed £2000 originally. I think i owed them 1700 when I stopped paying after a year and then they carried on adding charges for 2 years, so now I owe £3147.

However, I checked my account with TM and it went up from £3147 to £3158 and then to £3180 and now with the CCJ it’s £3217. I need to ring them and query that as well.

so I don’t know what to do moving forward. I’m not really in a position to pay £275 but I feel I would have a good case for it setting aside. But I also don’t trust TM Legal to do what’s right either and it also takes up to 8 weeks. Is there anything else I can do to expedite the process?

[MIKE770]

echat11

set aside if you got it would men case starts again! and then you could if items outstanding be requested etc

[echat11]

a) If they sent the CCJ documents to the wrong address, contact them via email (don't phone them), explain that they sent the CCJ documents to the wrong address, so you didn't have the opportunity to deal with the matter at the time. So what you are doing is seeking consent from them to set a side the CCJ. If they consent, then it will be just over £100.

b) Send them a SAR request, so you get all the data on your account for the last 6 years, they have 30 days to send all the information to you. The request can be emailed. Template on the right hand side.

c) If you find fault with the way they have handled your complaint, lodge a formal complaint, follow their complaints procedure.

d) Then if you decide, you can consider 'settlement terms', minus the 'wrongful' charges etc.

The thing is, make sure you only complain in writing. When you phone them, nobody will take ownership of your complaint.