Hello

[Pecan_B]

Hello guys,

I'm new here and in need of advice re a CCJ from an old Orange account please. A mobile phone debt of £74 was passed on to a DCA by Orange, during a time I was living away from home for a year (2011 to 2012).

The DCA then filed for a CCJ for a higher amount (£234) in Nov 2013. Out of panic an initial installment was made (I assumed it was going to Orange directly) but I stopped cos I did not agree with the amount (I later realised it was best not to have made the initial payment). Anyway, fast forward to Dec 2015 I realised a default on my credit file from EE for £74, I phoned to clear this up and realised it was linked to the CCJ. The agent I spoke to advised that the debt was passed to them from DCA after a year. I cleared the outstanding debt of £74 with EE/Orange but the CCJ had remained on my credit file since. I phoned the DCA to explain and they said I still needed to pay them, which didn't feel right as I had no agreement with them. I made an application a couple of months ago to have the judgement set aside. Hearing is schedule for July. However, the claimaint on the form states 'EE' and not 'Moorcroft' . I got in touch with EE hoping they would be able to confirm the debt had been cleared and that I do not owe the CCJ amount but they were not able to provide any information and instead passed me on to their CCJ query team.

My questions are;
1) Since I cleared the actual outstanding amount with EE/Orange directly that should nullify the CCJ shouldn't it? Cos I technically no longer owe the CCJ debt, especially as I was not informed by EE/Orange agent that collected the money that I still needed to pay any outstanding amount on the CCJ
2) What are the chances of having the CCJ set aside

I'll appreciate any useful advice on this please. Thanks

[MasterCoder]

This is a strange one.

So the claimant on the original claim form is EE? I'm not an expert on the matter so you should probably post up the original form if you still have it.

To be clear, you paid EE the £74 after the CCJ was awarded?

The problem is the CCJ award is for £234 which probably includes charges, interest and the court fee. If EE are the claimant, (and beneficiary of the award), then technically speaking you still owe them £234 - (initial payment - £74) as part of that CCJ.

They could potentially argue that the £74 you paid to them was only a partial payment of the award.

As to your chances of having the CCJ set aside, someone with more experience on that would need to advise you on that.

[Pecan_B]

Thanks Mastercoder. I got in touch with EE to confirm any outstanding debts I was owing as I wasn't informed there was anything outstanding when I paid the £74 in Dec 2015, they only said the debt gets passed back from DCA after a year. So I assumed I didn't need to pay anything future to DCA as I have no agreement with them.
EE confirmed I had no debt with Orange but will need to pay any outstanding fees to the owner of the CCJ, which they think is the DCA, although the court has this as EE.
EE also confirmed that they are not the legal owner of the debt.

Do I have a chance of making a case to say
1) I do not owe EE as they confirmed they are not the legal owner of the CCJ
2) I do not owe the DCA as I have no legal agreement with them (although not sure where this leave me as am initial payment of £23 was made after receiving the CCJ)
3) When I paid the outstanding balance to Orange in Dec 2015 and was advised the debt had been passed back after a year, surely any outstanding fees they believed I owed should have been passed back and I should have been informed? Since this was not the case and there doesn't appear to be any basis for paying a separate entity (DCA) especially because I have no contract with them and the debt had been passed back to Orange.

Thanks for your time and advice