CCJs issued by default - Robinson Way / Hoist

[Fizzy888]

Hello everyone and thanks in advance for your valuable time.

today on 18.09.19 i received an email from credit karma ( credit referencing agency) that there are changes to my credit report and when i logged in i found out that 2 CCJ,s have been issued on my credit file by default. when i called the county court business centre and gave them the reference numbers they provided me with the details of the soliciors HOWDEN COHEN acting on behalf of Robinson way for two credit cards with barclaycard that were taken out in November 2004 and defaulted in 2010.

The court paper work and pre action protocol etc were send to my old address that i have moved from over a year ago. i had no knowledge of any proceedings until i got an email today from credit referencing agency. i did changed my address on electoral roll and banks etc but not barclaycard whom i had not heard anything from for years at the time

Could someone please tell me if i stand any chance of applying to the court to set aside the judgement on the grounds that i did not receive the paperwork and i can prove that i was not living at the previous address but the current address. i have a business credit card with barclaycard and i can confirm that they did have my current address at the time they applied for the ccj

Today i asked Robinson way to provide me a copy of the CCA, which they said have been requested but they are not legally obliged to provide as the CJJs have already been issued. is it correct that they are not obliged to provide me with CCA?

if the they do provide a copy of the CCA, what do i need to lookout for?

I would be grateful if someone could point me in the right direction as to what i should do step by step first to set the judgement aside and then contesting the case based on credit agreements pre 2005.

[jaguarsuk]

Yes you can apply to set the judgements aside pursuant to CPR 13.2 & 13.3 and it's best to write to the claimant asking for their consent to set aside be provided to you within 7 days.

You have to be prompt and if they do not respond before the deadline or refuse you must apply to the court for it. If they consent the application will cost £100 and if not £255, but if successful you should ask for your costs to be repaid.

Yes, while they have a CCJ they don't have to provide anything, but if successful in set aside you will write to them with a CPR 31.14 request and CCA Request for them, but lets not get too far ahead.

Write to the claimant for consent first and we'll go step by step dependant on responses, court procedure isn't a straight process and can go of on any number of tangents.

[Fizzy888]

Yes you can apply to set the judgements aside pursuant to CPR 13.2 & 13.3 and it's best to write to the claimant asking for their consent to set aside be provided to you within 7 days.

You have to be prompt and if they do not respond before the deadline or refuse you must apply to the court for it. If they consent the application will cost £100 and if not £255, but if successful you should ask for your costs to be repaid.

Yes, while they have a CCJ they don't have to provide anything, but if successful in set aside you will write to them with a CPR 31.14 request and CCA Request for them, but lets not get too far ahead.

Write to the claimant for consent first and we'll go step by step dependant on responses, court procedure isn't a straight process and can go of on any number of tangents.

Dear JAGUARSUK

thank you for your kind response.

the ccjs have already been issued on 13.09.19, five days ago and showing on my report as of today. is there still time limits that apply to me?

shall i simply ask the claimant in writing to consent to set aside the judgement because i do not recognize the debt or i did not live at the address?

did you mean if they do not consent then simply apply to court to set aside the judgement.

[jaguarsuk]

Either way you will apply, but it costs less and is pretty much guaranteed if they agree.

Your time limit is what the court views as “prompt” when you make your application. Judges have ruled 28 days after finding our about a judgement not to be prompt, so sooner you write to consent to set aside the sooner you can apply.

[Fizzy888]

Hi JAGUARSUK

i have today emailed the claimant requesting them to consent to set aside the judgment because I was not at the the address and also without CCA etc I cannot confirm weather I owe the debt, I also provided them proofs that I was not at my old address where they sent their correspondence.

Now while I wait for their response, could you kindly tell me if need to start filling out the court forms and what additional documents/ statements do I need to attach to support my application. Do I Also need to start working on anything else apart from application?

I have 2 ccj’s issued by same claimant at same date and my defence is the same for both, can I combine both on one form or do I have to submit separate form and pay fee for both applications?

Thank you in advance

[jaguarsuk]

You don’t need to fill anything in just yet, wait to see what they say.

You’ll make a combined application to set both Judgements aside, but then have to defend two separate claims thereafter unless the judge orders them to be combined and the claimant produce new particulars of claim, which at the set aside hearing you can ask them to do.

[Fizzy888]

Hi JAGUARSUK

i received a confirmation email today regarding the above ccjs from claimant solicitor’s and they have agreed to set aside the judgement. I have attached a copy of the consent order below. They sent the same order for both ccjs separately. Could you kindly review and give me your feedback please.

Thanks

[jaguarsuk]

The only issue you have with that is point 8, no order as to costs. That means you’ll pay £100 to set each aside and then you won’t get those costs back from them.

Does the email mail say they consent to set the judgement aside?

If if it does there’s no consent order needed, you can apply through the normal channels and then ask the court to set aside then order costs of the application to you.

They sent the claim to the wrong address, why should you pay for their mistake?