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How to get off a CCJ?

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  • How to get off a CCJ?

    I have a original debts taken our from LLoyds (one being a loan of about £19k and one being a credit card of about £1k) from early 2000 or maybe even earlier. Over the years these debts have been bought and sold to various different collection agencies. In 2005 I set up a payment plan to pay a nominal fee to them both £30 (for the £19k loan) and £5 (for the £1k credit card) these sums have increased over the year to recently being £32.32 and £12.10. On 8th December 2014 the standing order for £12.12 stopped, then on 8th April 2015 the standing order for the £32.32 stopped. A little while later I started receiving letters from Idem Servicing stating they have been instructed to make contact with me to agree a solution regarding my outstanding balance. They sent three different letter with three account debts for me: one £2330, two £7267 and three £6010 all totalling about £16k. I never acknowledged them as I didn't know who they were and thought it might be a scam. The last letters I received from them were on 15 October 2015 stating they are increasingly concerned they have not been able to speak with me and failure to make contact may result in either 1) my account to be placed with external Debt Collections Agency or 2) Their litigation Department may instigate court proceedings. I didn't contact them.
    On 22 January 2016 I receive a 'Judgement for Claimant (in default)' from the Country Court stating Idem Capitla Securities Ltd had won a court case and ordered me to pay the outstanding debt of over £16k. I never received anything to state I was even being taken to court. So I contacted the court and told them I wasn't even aware there was a court case pending, I don't know who Idem (they said it's for a LLoyds debt) and now I've received a judgement against me, what do I do? They told me I can fill out a N244 form to 'set aside judgement', which I did.
    I have been trying to seek advice since all this happened. As I am self employed I spoke to one charity for debt help for people who are self employed called Business Debt Line. They told me to be careful of 'setting aside judgement' because if the trial is reopened and I don't have a good defence I could end up being told by the judge I am wasting court time, more costs will be added and I will still have the CCJ on my credit report which I've never ever had before. I'm very concerned about having the CCJ and how it will affect my future borrowing for a motgage. I am also concerned as I do own my own property and I wouldn't want a lean put on my property for this amount either.
    I have read through various posts on this website as a friend of mine recommended you and found the section on applying for a CCA, which I'm planning on sendin off today to Idem Servicing. I haven't signed the letter, I'm sending it by recorded delivery with a postal order.

    A few questions below please:

    Do I give them £3 postal order for each account they hold or just £1 for this request as I believe it is only one original debt from LLoyds they are persuing me on but have split it into three account?

    Slightly concerned as this is the first time I am contacting them so I wondered if that is a problem as I've never had any prior contact before?

    Also is it true that because this debt was taken out prior to 2007 then if they do not comply with my request they will be in default and this would be a good defence when going to court?

    Your help with this would be grately appreciated! Thank you for making this forum and also for your knowledge.

    - - - Updated - - -

    I also forgot to mention, last year I also had a few letters stating I have overpaid one of my Lloyds debts (I should think it was the credit card) and that I should contact these people for a refund. I never did as again I wasn't sure if this was a scam or a way for me to get in touch with them. Now thinking about I probably did finish paying that debt over the years. So very strange that Idem seem to have three accounts for me?
    Tags: None

  • #2
    Re: How to get off a CCJ?

    Should I also send a CPR request now even though the court judgment already happened and I have now 'set aside judgement'?

    Comment


    • #3
      Re: How to get off a CCJ?

      If yes to CPR...

      "On 22/01/2016 I received a County Court Judgement from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

      To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 2016."

      As I havent yet received the new paperwork from the court after 'setting aside judgement'. What date do I put for filing my defence?

      Also not sure which of these to request?

      1. Agreement / Contract
      2. Default Notice
      3. Assignment
      4. Formal Demand

      As all I've received from the court is the 'Judgement for Claimant (in default)'

      Thank you so much!

      Comment


      • #4
        Re: How to get off a CCJ?

        Hello Crystal welcome to LB,

        Can you tell be the following please?

        1. Why did the standing orders stop?

        2. Who were you paying?


        3. Is it Idem that has obtained the judgement by default.

        4. Did you not receive a " claim pack " from the Northampton CC Business Centre?

        5. Have you moved house in the last three months or so?
        Making a CCA request is no longer an option as the judgement totally superseded the original agreement
        and no one is now obliged to provided documentation.
        An application for set aside ( Form N244) court fee £155.00

        Too set aside this judgement you will need to show that you had a defence to the claim that has a reasonable chance of success.

        (BTW the fee for a CCA request is £ 1 per agreement.) but as said this is no use now.

        It may be a good idea to send a Subject Access Request under the provisions of the Data Act 1998 to Lloyds the is for
        all the data Lloyd's hold on you and the accounts you have/ had with the bank, you would have specify that you require the agreements for the accounts
        as well as all the other personal data the bank holds.
        There is one drawback the bank may say they no longer hold data more than 6 years old.

        A £10 statutory fee is payable ( Cheque or PO)

        Lloyds has 40 days to comply, there's a template in the forum library for you to use.
        Use signed for post.

        nem

        Comment

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