Ccj advice

[Guest]

Afternoon,

I received a letter on the 5th April 2019 informing me of bailiff action after I had not made payments under the judgement sent to me (a CCJ). This was the first I has heard on the matter and contacted them immediately. I was informed the creditors were 'Me iv limited' and the solicitors were restons and that the ccj was issued against me in August 2018. Restons have acknowledged that all correspondents on the matter were sent to the wrong address. 'Me iv limited appear to be linked to EE mobiles. I have contacted them with the account number supposedly the debt is owed for and they informed me that it is now closed with no further information. The account in question was opened in 2011. As previously stated, I have received no prior notice of this. I have paid £550 as bailiffs were threatening to remove goods and add to the debt already owed. Is there a complaints procedure or appeal as the costs incurred seem unfair due to me not being aware of any action against me.

matt

[Amethyst]

You should give the court a call, or ME IV/Restons and ask them for more details on the claim - a copy of the claim form, date of judgment etc so that you can look into whether to apply to set aside the judgment - particularly as ME IV have admitted they brought the claim at the wrong address ( would that be an old address of yours or just a random wrong address?)

You might have a statute barred argument depending when the debt defaulted/terminated - although it seems likely it defaulted/terminated after August 2012 which is why the claim was stuck in without due diligence on the correct address.

Do you have any idea at all if the claim was for an EE account ? or is that just what's come up looking for ME IV ? and if it was an EE account - do you remember if you did actually ever have an EE account ?

Some info on set aside applications here - Set Aside Application

You'd have to reclaim your money from the claimant if you went on to win the case (you'd include that in your application) but I suspect the priority for now is to get the judgment removed from the register and your credit file ( where it will stay atm until Aug 2024 even if you have it marked as paid / satisfied ) Who did you actually make the payment to? Restons?

[Mbradley1984]

Thank you for your quick reply AMETHYST. Yes, I paid restons directly. I did attempt to pay the courts but the bailiff office is only open between 8am and 10:30am! I have contacted the courts and received the response attached. As I said, EE seem very vague on the matter, I gave them the account number given to me, they were unable to locate it on their database. I mentioned orange mobile and the account was eventually found but they were unable to gain full access and merly said the account debt was sent to Lowell portfolio and that's all they could help me with. The correspondents were sent to a previous address. I lived at the other property for 3 years and received no other letters on the matter.

matt

[Amethyst]

Okay so it was originally an Orange Mobile account, do you have any recollection that there was a debt owed on the account ? or that you terminated early ( and thus the debt is an early termination fee ) etc ?

The particulars of claim say account opened in 2011 but not sold on to ME IV until 2017... so really need to figure out when it defaulted.... but in any case if you were no longer living at the address they made the claim to you should be able to set aside the judgment. Did you move around 2014? (if not when abouts) and are you on the electoral roll, credit file updated address and so on (ie. they could have found you with quite a cursory search )

While you look into set aside you could get a SAR off to EE and to ME IV for more details...

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For ME IV send Subject Access Request Letter to Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP

Both should come back before you get to set aside hearing and might be useful in forming defence / evidencing they did bugger all to serve at the right address etc.