Howard Cohen application High Court proposed new claimant on 2 year old CCJ

[Littleover]

Hi

I found out that 2 years ago a CCJ was made against me (Aug 2013) in Northampton Business Centre. This was served on my old address, which I had been evicted from in June 2013 (I have court evidence of this). For this reason I didn't receive the original CC Application or details of the CCJ.

I have now been sent a letter from Howard Cohen & Co Solicitors to another old address (but the mail has just been sent to me) saying that their client HPH2 are now the legal owners of the debt (as of 27/01/16)

The letter says that they submitted an application to the court to substitute the claimant details from MKDP LLP to HPH2 (stamped high court 02/02/16). They say this is because their client is now the legal owner and they attached the order they say confirms this and that they are on the court record and acting on its behalf.

The old CCJ was 2 years old, so I felt too old to set aside, however with this new action, I was wondering if this could allow me to now set aside the whole thing and contest the debt in the normal way CCA CPR requests etc.

Original debt was with HSBC for £4500 Credit card debt

Any help would be appreciated.

Thanks

Littleover

[nemesis45]

Re: Howard Cohen application High Court proposed new claimant on 2 year old CCJ

Hi

I found out that 2 years ago a CCJ was made against me (Aug 2013) in Northampton Business Centre. This was served on my old address, which I had been evicted from in June 2013 (I have court evidence of this). For this reason I didn't receive the original CC Application or details of the CCJ.

I have now been sent a letter from Howard Cohen & Co Solicitors to another old address (but the mail has just been sent to me) saying that their client HPH2 are now the legal owners of the debt (as of 27/01/16)

The letter says that they submitted an application to the court to substitute the claimant details from MKDP LLP to HPH2 (stamped high court 02/02/16). They say this is because their client is now the legal owner and they attached the order they say confirms this and that they are on the court record and acting on its behalf.

The old CCJ was 2 years old, so I felt too old to set aside, however with this new action, I was wondering if this could allow me to now set aside the whole thing and contest the debt in the normal way CCA CPR requests etc.

Original debt was with HSBC for £4500 Credit card debt

Any help would be appreciated.

Thanks

Littleover

Good afternoon, welcome to LB.

A judgement supersedes the original agreement so a CCA request is no longer if any use there is no obligation
for any party to provide documents.
When did you discover the judgement first?
The point you first became aware of the judgement would be seen as the appropriate time to apply for set aside.

Apart from not receiving the claim pack, did you/would you have a defence to the claim that " that has a reasonable
chance of success? e.g. was the debt statute barred on or before the claim was issued?

A court may just be minded to allow an application as two communications have been sent to wrong addresses I suspect
HP2/ Cohen will say that it's up to you to make sure your creditors have your correct details.

A set aside application Form N244 is what you need the application fee is £155.00 unless to are eligible for remission of fees.

nem

[Littleover]

Re: Howard Cohen application High Court proposed new claimant on 2 year old CCJ

Thanks for replying Nem

I have only just become aware of the CCJ. I applied for credit and when refused I checked my equifax and saw the CCJ. I then got a letter on the 18th Feb 16 chasing the debt (only one) saying that they have noticed my credit score had improved and that they wanted their money etc. I was out of the Country on Business in 2013 (Visa as proof) and my ex wife basically got the house repossessed and was not forwarding any mail. Messy situation to say the least.

The Debt is not statute barred so i would be depending on not recognising the original claimant and not having possession of the original agreement. Has the boat sailed on that as a defence now? Could I not set aside for wrong address and out of the country? and then do a CCA request in order to file defence? HSBC had my email address and were sending me emails regarding other matters, but not about this.

thanks again

[nemesis45]

Re: Howard Cohen application High Court proposed new claimant on 2 year old CCJ

[QUOTE=Littleover;626860]Thanks for replying Nem

I have only just become aware of the CCJ. I applied for credit and when refused I checked my equifax and saw the CCJ. I then got a letter on the 18th Feb 16 chasing the debt (only one) saying that they have noticed my credit score had improved and that they wanted their money etc. I was out of the Country on Business in 2013 (Visa as proof) and my ex wife basically got the house repossessed and was not forwarding any mail. Messy situation to say the least.
An HSBC Account? What type of account?
Did you have any dealings with MKDP LLP I ask because that company's method of business leaves a lot to be desired and getting a judgement by default is a big prize for them, obviously they failed to collect so they sold it to HP2 which is as bad.
When was this account opened?

Do you know the default date?

I think perhaps a Subject Access Request to HSBC to see what they hold in the way of records you can specify
that you require a copy of the agreement.
There a £10 statutory fee to pay but worth I think.
nem

[Littleover]

Re: Howard Cohen application High Court proposed new claimant on 2 year old CCJ

Credit card Account opened sept 1996 default date on experian says jan 2012. Had no dealings with mkdp llp.

[nemesis45]

Re: Howard Cohen application High Court proposed new claimant on 2 year old CCJ

Credit card Account opened sept 1996 default date on experian says jan 2012. Had no dealings with mkdp llp.

Default is fairly recent for an account that old, was it in use right up to 2012?

More reason to see if a SAR turns anything up I think.

nem

[Littleover]

Re: Howard Cohen application High Court proposed new claimant on 2 year old CCJ

Default is fairly recent for an account that old, was it in use right up to 2012?

More reason to see if a SAR turns anything up I think.

nem

Thanks Nem, i will do the SAR see what happens. The problem is that mkdp llp, or whoever they are, have deleted the history of the payments and defaults on the equifax report so it just shows a red D on that particular month in 2012.

I have a read a bit around this and robinson way are the ones now chasing who apparently are owned by Hoist. Hoist lost there ability to chase debt, so bought robway as a way of being able to chase and harrass via a dca. Some people say that Action Fraud are interested in Hoist and to report them for a CRN so if the bailiffs turn up, you can call the police. Not sure about all that though.

Can i ask what would happen if there was PPI missold on that credit card account? Does that give me a defence for set aside? I remember paying for Cardguard on that account, so not sure if that is covered by PPI.

Thanks again