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Hi everyone,
I am in a bit of a mess right now and would really appreciate any advice to help me rectify this situation
I was made redundant from my previous employment in November 2019 having worked their for 7 years.
I attended an interview for a new role on 06/01/2020.* On 07/01/2020, I received a call to inform me that I was successful in the interview however, they ran a credit check and noted that I had two CCJ's on my account and, because of this, they couldnt offer me employment at this stage. I was told that they would allow me some time to look into this and try to resolve. It was made clear that I would only be given the job if the CCJ's were removed and not just satisfied.
I immediately went on to Experian and, to my suprise, I had two CCJ's registered against me which was served at my previous address.
By way of background, I got into a bit of a financial mess about 6/7 years ago and owed various payday loan companies money. I set up a payment plan through step change and cleared my debts after around 18 months and didnt have any litigation or Judgments against me at this time.*
To my suprise, one of the CCJ's relates to "Pay Day UK" who sold the alleged debt to "Prac Financial Ltd" who are being represented by "BW Legal."* I cant understand why this would be outstanding and had I of received the claim form I would have put the Claimant to strict proof of debt.
The other CCJ relates to a Capital One credit card that I had, the limit was relatively small, around £250 from memory. I recall making a final payment on this card and cutting it up and never using it again as it was extremely high interest and my finances picked up at this point. I am therefore suprised to find out that "Lowell Portfolio 1 Ltd" had purchased this alleged debt from Capital One and again, if I had received the claim form I would have put the Claimant to strict proof of that debt also.
Following these discoveries I contacted both Lowell Portfolio and BW Legal to explain that I didnt live at the address the claim form was sent to. I explained I understood they can issue on a last know address however I wasnt aware that these alleged debts were being chased so had no reason to think to update these organisations with my new address.**
I explained the situation with regards to my recent job offer and asked if they would consent to setting the Judgment aside in order to afford me the opportunity of defending the claim.* Both organisations asked me to send them my proposed application, along with evidence of me not living at the service address at the time (current tenancy agreement) and, oddly, evidence of my interview (interview invitiation email) and they would consider consenting to set it aside.* I duly downloaded the application and completed this, along with drafting a witness statement for myself which, in summary, advises that I wasnt afforded the opportunity to defend the matter, I exhibited my tenancy agreement showing I didnt reside at the service address at the time and would like to seek the Courts permission to set the Judgment aside and seek to file a defence. I explained that I am in financial difficulty as I am currently unemployed and because of the CCJ's I am unable to get a job. I added that if the Judgment is set aside and I am found liable for the debt then I will certainly pay in full howeber, at this stage, I dispute owing the funds claimed.
Yesterday, I sent my draft application, witness statement with exhibits (tenancy and interview confirmation email) and a consent order (along the lines of "the judgment is set aside, the defendant do file a defence within 28 days of the date of the sealed order, there be no order as to costs) to the organisations concerned and I am now awaiting their response.
I am really concerned from looking online at various posts that they are unlikely to consent to setting the Judgment aside. If they dont, then I will have to make my application to the Court without Consent (and pay a higher fee) and wait probably a year or so for a hearing and probanly not be able to get a job during that time.
I also understand that I should enclose a draft defence with the application but the problem is I dont know where to begin with this as I dont have any documents relating to the alleged debts, I dont even have access to the claim forms/particulars etc as I cant login to money claims online without my defendant password which I dont know as this is supposedly on the Court docs which I dont have (although I have requested the organisations to send me copies).
I would have thought it is mutually beneficial for them to consent to setting the Judgment aside in order that I can get a job and pay anything that I am found liable for. If its not set aside, I wont be in employment and wont be in a position to pay in any event (probably nominal amount of £1 per month as currently outgoings exceed income).
To be honest, if it meant that the Judgment could be set aside and I could start employment, I would rather just borrow the money from a relative and pay them in full to get rid of this headache however, I cant just have it as showing as satisfied and really need it removed.
I guess I was wondering whether anyone had any advice on how I should best approach this if they dont consent to my application?
Do you think I would have reasonable prospects of being successful with the application?
Once again, many thanks any input would be greatly received.
David.
I am in a bit of a mess right now and would really appreciate any advice to help me rectify this situation
I was made redundant from my previous employment in November 2019 having worked their for 7 years.
I attended an interview for a new role on 06/01/2020.* On 07/01/2020, I received a call to inform me that I was successful in the interview however, they ran a credit check and noted that I had two CCJ's on my account and, because of this, they couldnt offer me employment at this stage. I was told that they would allow me some time to look into this and try to resolve. It was made clear that I would only be given the job if the CCJ's were removed and not just satisfied.
I immediately went on to Experian and, to my suprise, I had two CCJ's registered against me which was served at my previous address.
By way of background, I got into a bit of a financial mess about 6/7 years ago and owed various payday loan companies money. I set up a payment plan through step change and cleared my debts after around 18 months and didnt have any litigation or Judgments against me at this time.*
To my suprise, one of the CCJ's relates to "Pay Day UK" who sold the alleged debt to "Prac Financial Ltd" who are being represented by "BW Legal."* I cant understand why this would be outstanding and had I of received the claim form I would have put the Claimant to strict proof of debt.
The other CCJ relates to a Capital One credit card that I had, the limit was relatively small, around £250 from memory. I recall making a final payment on this card and cutting it up and never using it again as it was extremely high interest and my finances picked up at this point. I am therefore suprised to find out that "Lowell Portfolio 1 Ltd" had purchased this alleged debt from Capital One and again, if I had received the claim form I would have put the Claimant to strict proof of that debt also.
Following these discoveries I contacted both Lowell Portfolio and BW Legal to explain that I didnt live at the address the claim form was sent to. I explained I understood they can issue on a last know address however I wasnt aware that these alleged debts were being chased so had no reason to think to update these organisations with my new address.**
I explained the situation with regards to my recent job offer and asked if they would consent to setting the Judgment aside in order to afford me the opportunity of defending the claim.* Both organisations asked me to send them my proposed application, along with evidence of me not living at the service address at the time (current tenancy agreement) and, oddly, evidence of my interview (interview invitiation email) and they would consider consenting to set it aside.* I duly downloaded the application and completed this, along with drafting a witness statement for myself which, in summary, advises that I wasnt afforded the opportunity to defend the matter, I exhibited my tenancy agreement showing I didnt reside at the service address at the time and would like to seek the Courts permission to set the Judgment aside and seek to file a defence. I explained that I am in financial difficulty as I am currently unemployed and because of the CCJ's I am unable to get a job. I added that if the Judgment is set aside and I am found liable for the debt then I will certainly pay in full howeber, at this stage, I dispute owing the funds claimed.
Yesterday, I sent my draft application, witness statement with exhibits (tenancy and interview confirmation email) and a consent order (along the lines of "the judgment is set aside, the defendant do file a defence within 28 days of the date of the sealed order, there be no order as to costs) to the organisations concerned and I am now awaiting their response.
I am really concerned from looking online at various posts that they are unlikely to consent to setting the Judgment aside. If they dont, then I will have to make my application to the Court without Consent (and pay a higher fee) and wait probably a year or so for a hearing and probanly not be able to get a job during that time.
I also understand that I should enclose a draft defence with the application but the problem is I dont know where to begin with this as I dont have any documents relating to the alleged debts, I dont even have access to the claim forms/particulars etc as I cant login to money claims online without my defendant password which I dont know as this is supposedly on the Court docs which I dont have (although I have requested the organisations to send me copies).
I would have thought it is mutually beneficial for them to consent to setting the Judgment aside in order that I can get a job and pay anything that I am found liable for. If its not set aside, I wont be in employment and wont be in a position to pay in any event (probably nominal amount of £1 per month as currently outgoings exceed income).
To be honest, if it meant that the Judgment could be set aside and I could start employment, I would rather just borrow the money from a relative and pay them in full to get rid of this headache however, I cant just have it as showing as satisfied and really need it removed.
I guess I was wondering whether anyone had any advice on how I should best approach this if they dont consent to my application?
Do you think I would have reasonable prospects of being successful with the application?
Once again, many thanks any input would be greatly received.
David.
