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This subject may have been covered numerous times however, I feel that these circumstances are somewhat different to others I have read therefore I am seeking some helpful expert advice before I reply.
Background -
I returned from living overseas last summer and recently checked my credit file for the first time to find a CCJ registered against me (Aug 2015) at my old address, the claimant being Cabot financial for circa 1300 pounds.
I immediately sought to have the CCJ set aside and sent in my application with the 255.00 fee and have today received a hearing date for approx two weeks time.
My application to the Court reads as follows -
What order are you asking the court to make and why? To have the Judgement set aside as the claimant filed the papers at my old address giving me no opportunity to exercise my right to defend the claim. No enquiry has been recorded by a credit organisation on my credit file since November 2014, confirming that no attempt to contact me was made.
What information will you be relying on in support of your application? This debt relates to a simple contract debt (credit card) that went into default in June / July 2009. I believe that the debt was purchased by the claimant from the provider of my credit card circa 2010 as I never entered into a credit agreement with with the creditor and would not have been aware of there involvement or contact details until now. A default was entered onto my credit file by the claimant on 31st May 2010 and was due for removal by the reporting agencies in May 2016 (See attached app.1)
The claimant has obtained a Judgement by default by issuing the claim to my old address without any reasonable attempt to contact me to defend the claim. Please refer to app.2 showing the three step process entered as an example of how easy it was to contact me at the correct address (Simple google search of name and town attached).
It is my conclusion that the claimant purposely tried to circumvate the correct process in order to obtain Judgement by default in their favour with no defense being filed by myself. I also intend to to defend any further claim by exercising my rights under the Limitations Act 1980 and in particular rule CONC 7.15.4.
A letter arrived yesterday from Weightmans Solicitors yesterday that basically reads -
This account which is subject to these proceedings relates to a credit card incepted on 17th Dec 2008. We understand that failure to make your contractual monthly payments after 3rd Sept 2009, the provider terminated your agreement on 31st May 2010 before all rights under the terms of the same were assigned to the claimant on 9th February 2015.
Under Cival procedure rule 6, which details the rules of the document service within cival proceedings in England and Wales, individuals must be served at their usual or last known address (CPR 6.9)
prior to commencement of proceedings, a formal letter before claim and a second letter were sent to the address which we held for you, neither of which were returned by the postal service as undelivered. As our client had no reason to believe that you were not residing at this address at which we had been corresponding to, proceedings were issued at this address.
Whilst we have now updated our system to reflect your new address for service of court documents, we have received instructions to oppose your application on the basis that you were validly served with proceedings at your last known address.
Limitation Act 1980: As detailed within your application notice, the time limit for our client to commence proceedings is six years from the date on which their course of action accrued. As you have helpfully confirmed to the Court by supplying a copy of your credit file, the default on the aforementioned account only occurred in May 2010 which means that as Court proceedings were issued on June 2015, this was within six years default. Accordingly, the account is not statue barred by the virtue of section 5 of the Limitations Act 1980.
On the basis of the above, we have advised our client to oppose your application and seek costs of doing so from you at the final hearing. Our client is however hopeful that this matter can be resolved amicably and would be willing to enter into a monthly or weekly payment arrangement with you to repay the judgment debt.
We therefore invite you to contact us within the next 14 days to discuss your financial circumstances and make an offer of payment in respect of the judgment order.
In the event that we do not hear from you by the 21st April 2016, we will proceed to prepare for the final hearing which will incur additional costs.
Weightmans LLP
What is the correct course of action from here please? CCA / CPR etc, as my situation already involves a judgment by default does this change the way I request information?
As Weightmans have confirmed that the original creditors last payment was on the 3rd September 2009, my understanding from this is that statue barred applies as no correspondence has existed between then and now, although I still have not actually admitted the debt as of yet.
Any thoughts on the best way to respond as I have Court in two weeks time?
Thank you in advance people.
:tongue2:
This subject may have been covered numerous times however, I feel that these circumstances are somewhat different to others I have read therefore I am seeking some helpful expert advice before I reply.
Background -
I returned from living overseas last summer and recently checked my credit file for the first time to find a CCJ registered against me (Aug 2015) at my old address, the claimant being Cabot financial for circa 1300 pounds.
I immediately sought to have the CCJ set aside and sent in my application with the 255.00 fee and have today received a hearing date for approx two weeks time.
My application to the Court reads as follows -
What order are you asking the court to make and why? To have the Judgement set aside as the claimant filed the papers at my old address giving me no opportunity to exercise my right to defend the claim. No enquiry has been recorded by a credit organisation on my credit file since November 2014, confirming that no attempt to contact me was made.
What information will you be relying on in support of your application? This debt relates to a simple contract debt (credit card) that went into default in June / July 2009. I believe that the debt was purchased by the claimant from the provider of my credit card circa 2010 as I never entered into a credit agreement with with the creditor and would not have been aware of there involvement or contact details until now. A default was entered onto my credit file by the claimant on 31st May 2010 and was due for removal by the reporting agencies in May 2016 (See attached app.1)
The claimant has obtained a Judgement by default by issuing the claim to my old address without any reasonable attempt to contact me to defend the claim. Please refer to app.2 showing the three step process entered as an example of how easy it was to contact me at the correct address (Simple google search of name and town attached).
It is my conclusion that the claimant purposely tried to circumvate the correct process in order to obtain Judgement by default in their favour with no defense being filed by myself. I also intend to to defend any further claim by exercising my rights under the Limitations Act 1980 and in particular rule CONC 7.15.4.
A letter arrived yesterday from Weightmans Solicitors yesterday that basically reads -
This account which is subject to these proceedings relates to a credit card incepted on 17th Dec 2008. We understand that failure to make your contractual monthly payments after 3rd Sept 2009, the provider terminated your agreement on 31st May 2010 before all rights under the terms of the same were assigned to the claimant on 9th February 2015.
Under Cival procedure rule 6, which details the rules of the document service within cival proceedings in England and Wales, individuals must be served at their usual or last known address (CPR 6.9)
prior to commencement of proceedings, a formal letter before claim and a second letter were sent to the address which we held for you, neither of which were returned by the postal service as undelivered. As our client had no reason to believe that you were not residing at this address at which we had been corresponding to, proceedings were issued at this address.
Whilst we have now updated our system to reflect your new address for service of court documents, we have received instructions to oppose your application on the basis that you were validly served with proceedings at your last known address.
Limitation Act 1980: As detailed within your application notice, the time limit for our client to commence proceedings is six years from the date on which their course of action accrued. As you have helpfully confirmed to the Court by supplying a copy of your credit file, the default on the aforementioned account only occurred in May 2010 which means that as Court proceedings were issued on June 2015, this was within six years default. Accordingly, the account is not statue barred by the virtue of section 5 of the Limitations Act 1980.
On the basis of the above, we have advised our client to oppose your application and seek costs of doing so from you at the final hearing. Our client is however hopeful that this matter can be resolved amicably and would be willing to enter into a monthly or weekly payment arrangement with you to repay the judgment debt.
We therefore invite you to contact us within the next 14 days to discuss your financial circumstances and make an offer of payment in respect of the judgment order.
In the event that we do not hear from you by the 21st April 2016, we will proceed to prepare for the final hearing which will incur additional costs.
Weightmans LLP
What is the correct course of action from here please? CCA / CPR etc, as my situation already involves a judgment by default does this change the way I request information?
As Weightmans have confirmed that the original creditors last payment was on the 3rd September 2009, my understanding from this is that statue barred applies as no correspondence has existed between then and now, although I still have not actually admitted the debt as of yet.
Any thoughts on the best way to respond as I have Court in two weeks time?
Thank you in advance people.
:tongue2:
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