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Hi all, I am in desperate need of advice and would love to hear your experiences when dealing with this situation :-(
A bit about me, I am 34 and my current credit file is completely green with no bad marks, missed payment or single negative point at all. In my early twenties I struggled with money and got myself into a sitaution where I chose to bury my head and hope it all went away. I have kept no records and up until 2010 I did not even attempt to locate and manage my credit file.
Back to present day. Last monday (11th January 2016) I was notified by experian that an alert had been made against my file, I looged in and found that a CCJ had been applied as of 6th January 2016. I notified experian that i did not have any knowledge of this CCJ and they advised me to contact Northampton County Court to obtain details.
A lot of calls later I obtained references for Cap Quest and Dryden Solicitors and it has became clear that they have actioned court proceedings at an address I have not lived at since September 2014. Reading lots of forums it has become clear that this is a trick from creditors to draw people out of the woodwork or even get CCJs applied by default to scare people into paying something they would have a defence against if given the chance!
I have filed a N244 set aside request and paid the £155 fee on the grounds that I did not receive the paperwork and have my electoral registry information to back up my move. I am not massively concerned about the hearing as I have read so many success stories based on this very fact. Am I right in feeling confident about this firstly?
My main concern is that upon further investigation I am scared to rock the boat. I contacted Cap Quest and requested a statement of account but only did this over the phone and so far 8 days on I have not received anything... they stated that the Egg credit card was opened October 2004, that it defaulted in December 2005 and the last payment made by me directly to Egg was 28/04/2008. The man then said there was a "strange" transfer of £60.44 made from egg to cap quest 14/04/2010. When I said why is it strange he said it would have been a collection agent that forwarded the money to egg but that he had no more information on the transaction.
I popped into my bank and obtained copies of bank statements from November 2009-April 2010 to locate this amount. I was happy that this value did not exist then my blood went cold when I saw a transaction 07/04/2010 to Newlyn Baliffs for £97.96. I can only assume that this was fee deducted before forwarding the £60.44 to egg :-( basically, I think this debt does not fall in the statute barred arena like I hoped. although I have no memory of Newlyn and can only imagine i was duped into payment because my ignorance fo the word Baliff in their company name :-(
I do not know where to turn next, I have read so many forums about cca's lacking enforcable criteria prior to 2007 and I can only hope this would be the case with mine but am worried about jeopordising the set aside hearing if i go charging in requesting information etc. My hope is that this ccj will be set aside and that cap quest do not persue another claim?
Can anyone advise me on similar situations and if I have missed something?
Thank you in advance, a sleep deprived, grey haired paranoid mess :-(
A bit about me, I am 34 and my current credit file is completely green with no bad marks, missed payment or single negative point at all. In my early twenties I struggled with money and got myself into a sitaution where I chose to bury my head and hope it all went away. I have kept no records and up until 2010 I did not even attempt to locate and manage my credit file.
Back to present day. Last monday (11th January 2016) I was notified by experian that an alert had been made against my file, I looged in and found that a CCJ had been applied as of 6th January 2016. I notified experian that i did not have any knowledge of this CCJ and they advised me to contact Northampton County Court to obtain details.
A lot of calls later I obtained references for Cap Quest and Dryden Solicitors and it has became clear that they have actioned court proceedings at an address I have not lived at since September 2014. Reading lots of forums it has become clear that this is a trick from creditors to draw people out of the woodwork or even get CCJs applied by default to scare people into paying something they would have a defence against if given the chance!
I have filed a N244 set aside request and paid the £155 fee on the grounds that I did not receive the paperwork and have my electoral registry information to back up my move. I am not massively concerned about the hearing as I have read so many success stories based on this very fact. Am I right in feeling confident about this firstly?
My main concern is that upon further investigation I am scared to rock the boat. I contacted Cap Quest and requested a statement of account but only did this over the phone and so far 8 days on I have not received anything... they stated that the Egg credit card was opened October 2004, that it defaulted in December 2005 and the last payment made by me directly to Egg was 28/04/2008. The man then said there was a "strange" transfer of £60.44 made from egg to cap quest 14/04/2010. When I said why is it strange he said it would have been a collection agent that forwarded the money to egg but that he had no more information on the transaction.
I popped into my bank and obtained copies of bank statements from November 2009-April 2010 to locate this amount. I was happy that this value did not exist then my blood went cold when I saw a transaction 07/04/2010 to Newlyn Baliffs for £97.96. I can only assume that this was fee deducted before forwarding the £60.44 to egg :-( basically, I think this debt does not fall in the statute barred arena like I hoped. although I have no memory of Newlyn and can only imagine i was duped into payment because my ignorance fo the word Baliff in their company name :-(
I do not know where to turn next, I have read so many forums about cca's lacking enforcable criteria prior to 2007 and I can only hope this would be the case with mine but am worried about jeopordising the set aside hearing if i go charging in requesting information etc. My hope is that this ccj will be set aside and that cap quest do not persue another claim?
Can anyone advise me on similar situations and if I have missed something?
Thank you in advance, a sleep deprived, grey haired paranoid mess :-(
PHEW!
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