• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

CCJ Hillesden Securities - Terrible mess!

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • CCJ Hillesden Securities - Terrible mess!

    Hi,

    I'm going to explain what happened in list form so as not to waffle on or miss anything out. Any advice would be greatly appreciated.

    1. In 2010 I was paying off a £4k debt from HSBC (They had leant me £6k as a 19 year old whose sole income was monthly pocket money and a Saturday job), that had been taken over by Hillesden Securities. I owned a flat but had to move back to my parents at this point due to lack of money and rented out my flat to some friends. At this point I was continuing to make payments and let them know that I had moved and from that point all communications from them came to my parents address.

    2. In October 2010 I went to collect some bits from my flat that I was renting out and collected some post. One piece of post was a ccj which had a court date of the next day. In a panic I called Hillesden, explained that it had been sent to the wrong address and that I hadn't had time to prepare a defence or prepare in general. They advised me that they were unable to call it off and that the best thing I could do was attend the hearing and then deal with it with them afterwards.

    3. I went to court, the judge put the claim against me (I only spoke when asked a question and it was over very quickly).

    4. As advised I went back to Hillesden and complained about the fact that the paperwork had been sent to the wrong address (Hillesden had in this time sent paperwork etc to my parents address) and that I had been paying the debt and that not at any point had anyone said that there was a ccj being put against my name. They explained to me that the solicitors that they work with had got my address wrong and that they would get the judgement set aside.

    5. A week or so later I received a call from Hillseden who said that the solicitors had said (and these are the words they used) they wouldn't admit to sending it to the wrong address but they would get the ccj set aside by saying that it would affect my business as I was director of a limited company. I tried to argue it but the woman said this was the best and quickest way to get it dealt with.

    6. As I was keen to do anything to get the ccj removed I agreed and signed the papers for a Tomlin Order and sent it back to them, I still have all of the emails between myself and the solicitors that worked on behalf of Hillesden.That was the last I ever heard on the matter from them.

    7. The ccj was never removed and has effected me more times than I can count over the last 6 years. I couldn't remortgage my home and had to sell it. I've had to come off as a director of my own company as I was badly affecting it's ability to get credit. I have suffered terrible depression over the years and have never had any idea on how I could fight it. It just seemed out of my control and so I've just tried to ignore it. Recently I've begun to feel that it wasn't right and that I should see if there is anything I can do about it. It has been horrendous.

    The CCJ is due to come off of my credit in October of this year, but I'm keen to see if there is anyway I can do anything to rectify it or if there is nothing to do but let it pass and forget about it now.

    My friend recommended that I post on here to get some advice and so I hope someone can tell me what to do or not to do! I hope someone can make sense of all of my explanation. If further information is required to give advice please do let me know.
    Tags: None

  • #2
    Re: CCJ Hillesden Securities - Terrible mess!

    Hello and welcome.

    This sounds as if you did have a very good case to set the judgment aside back in 2010, but its difficult to see what could be done about that now. In my experience, courts expect a setaside application to be straight away, or at least as soon as you discovered the CCJ if that is some time later. In such cases and with a strong reason, they can be sympathetic. In this case I don't see how you could argue for this having left it so long though.

    Incidentally, has the debt been cleared or is there some still outstanding?
    What was the date of the default before the CCJ application?

    Comment


    • #3
      Re: CCJ Hillesden Securities - Terrible mess!

      Hi thanks so much for your reply!

      I think I missed that bit out... there was so much to write! The court wouldn't set it aside on the basis of the affect it would have on my work as they said the solicitors should have taken that into account when they filed the ccj. So they told me anyway, I didn't ever see any paperwork and they called me to tell me.

      I was paying the monthly instalments when they filed the ccj, £80 per month.

      Is there no weight to the fact that they clearly had my latest address but sent it to an old address even though I had notified them of the move and they had been writing to me at the new address?

      I told them that I wouldn't pay until it got set aside so I haven't paid anything since then and they haven't contacted me. The agreement was that they would get the judgement set aside and then I would pay.

      Hope that makes sense.

      Thank you very much again!

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X