CCJ issued by Cap quest to old address

[nafiz333]

I am wondering if any one can give me some advice on similar scenario.

Few weeks back I was checking my credit file and realised a CCJ was issued by Cap Quest early 2015 against my old home address. I then contact the County court and they advised the CCJ notice and summon was served at my old address and the case also was transferred to the local country court in Colchester.

However, I had the detail to contact claimants solicitor and they were unable to provide all the information. Having a conversation with them I realised, total CCJ amounting £3816 was for one of the MBNA credit card issued before 2005. But as per the defender's solicitor the default on the account was issued on 30 September 2009, yet I cant find any default notice on my credit file matching approximate amount (£3816).

I think the whole process of CCJ against my credit file is unfair, wondering if I can remove this CCJ by any chance ?

[MIKE770]

Re: CCJ issued by Cap quest to old address

[MENTION=1937]nemisis[/MENTION]45

[pt2537]

Re: CCJ issued by Cap quest to old address

I am wondering if any one can give me some advice on similar scenario.

Few weeks back I was checking my credit file and realised a CCJ was issued by Cap Quest early 2015 against my old home address. I then contact the County court and they advised the CCJ notice and summon was served at my old address and the case also was transferred to the local country court in Colchester.

However, I had the detail to contact claimants solicitor and they were unable to provide all the information. Having a conversation with them I realised, total CCJ amounting £3816 was for one of the MBNA credit card issued before 2005. But as per the defender's solicitor the default on the account was issued on 30 September 2009, yet I cant find any default notice on my credit file matching approximate amount (£3816).

I think the whole process of CCJ against my credit file is unfair, wondering if I can remove this CCJ by any chance ?

Ok if the Claim was served on an old address, you may be able to challenge it under Civil Procedure Rule 13.2 which gives the court a mandatory requirement to set aside the Judgment if the conditions in CPR 12 werent satisfied.

In this case it seems CPR 12 wasnt satisfied as the Claim form wasnt served correctly so the time for filing the acknowledgement of service or the Defence hadnt started to run.

In these circumstances you could apply to set aside the CCJ but it will cost you the application fee for the Court of £255. you will need to move swiftly and you will need an N244 application notice.

[nafiz333]

Re: CCJ issued by Cap quest to old address

Thank you for your kind advice. I will take that onboard.

Concurrently, can I ask cap quest to provide me with the credit agreements for the debt and request them to set aside as the summon wasn't served correctly ? So that I can proof the debt is un enforceable, and if there is any benefit I'll have for debt being bar status as its older than 6 years ?

[charitynjw]

Re: CCJ issued by Cap quest to old address

Hi nafiz333 & welcome to LB.

When you were communicating with the Claimant's solicitor, were you in your current address?

Did you submit a CCA s78 request to the Claimants/solicitors?

[nafiz333]

Re: CCJ issued by Cap quest to old address

Hi,

yes i I was in my current address, it was couple of weeks ago. But, as the judgement was issued on my old address, I didn't discloused my current address to them !

[charitynjw]

Re: CCJ issued by Cap quest to old address

Hi,

yes i I was in my current address, it was couple of weeks ago. But, as the judgement was issued on my old address, I didn't discloused my current address to them !

& the CCA request?

[nafiz333]

Re: CCJ issued by Cap quest to old address

No, I haven't requested any form of CCA from either claimant or their lawyer or even from original creditor yet.

[MIKE770]

Re: CCJ issued by Cap quest to old address

get a CCA request off 1st class

[nafiz333]

Re: CCJ issued by Cap quest to old address

Can you kindly clarify to who should I ask for the CCA, is it claiment or their solicitor. And what about the CCJ set aside, which one should be done first ?

[Kati]

Re: CCJ issued by Cap quest to old address

Can you kindly clarify to who should I ask for the CCA, is it claiment or their solicitor. And what about the CCJ set aside, which one should be done first ?

CCA request goes to the claimant (with a £1 postal order) see here - http://legalbeagles.info/forums/show...y-of-Agreement
xx

[nemesis45]

Re: CCJ issued by Cap quest to old address

Can you kindly clarify to who should I ask for the CCA, is it claiment or their solicitor. And what about the CCJ set aside, which one should be done first ?

A County Court Judgement totally supersedes the original agreement judgement creditor has no obligation to provide an agreement now. I would expect the claimant to decline compliance,

You could try a CCA request to the Original Creditor but depending on how long ago the account was closed.

nem

[pt2537]

Re: CCJ issued by Cap quest to old address

Thank you for your kind advice. I will take that onboard.

Concurrently, can I ask cap quest to provide me with the credit agreements for the debt and request them to set aside as the summon wasn't served correctly ? So that I can proof the debt is un enforceable, and if there is any benefit I'll have for debt being bar status as its older than 6 years ?

At this stage, id keep my communications to a minimum, id deal with the Court and make the application to set aside judgment promptly as if you delay this can be used against you. It is often the case that creditors dont have the info you need, and delays in applying can defeat your application, so you need to move swiftly.

- - - Updated - - -

get a CCA request off 1st class

Theres no obligation to comply with s78, the reasons for this are

1) S78(3) CCA 1974 is clear there is no obligation when there is no debt payable under the agreement
2) A judgment merges with the contract, the sums no longer are payable under the agreement but are payable under the provision of the Judgment
3) Rankine v Amex is clear when the contract is at an end there is no duty under s78, and in this case it is clearly at an end as judgment has been entered.

[nafiz333]

Re: CCJ issued by Cap quest to old address

Ok so you suggesting I should apply to set aside using N244 instead of communicating with cap quest ? If so can you let me know if I do need to provide any documents to demonstrate that the summon wasn't served to my new address.

Im also wondering if it's a default judgement under cp 12 ?

under 12.2 A claimant may not obtain a default judgment –(a) on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974¹;
if so under 12.2 a judgement is invalid ?

[pt2537]

Re: CCJ issued by Cap quest to old address

Ok so you suggesting I should apply to set aside using N244 instead of communicating with cap quest ? If so can you let me know if I do need to provide any documents to demonstrate that the summon wasn't served to my new address.

Im also wondering if it's a default judgement under cp 12 ?

under 12.2 A claimant may not obtain a default judgment –(a) on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974¹;
if so under 12.2 a judgement is invalid ?

The simple question here is, do you have a CCJ? and do you want to get rid of it? If yes to both questions, then you will need to apply to set it aside.

The basics are, under the CPR, if the Claim was not served correctly then the time for filing the Acknowledgment of Service doesnt start to run. Thus a party cannot enter default judgment.

We know that this CCJ was by Default as youve said you never recieved the Claim form, as it went to an old address, thus unless you are lying and you did get the Claim form, the simple facts are that this Default judgment is open to be challenged as the Claim wasnt served correctly.

If you look at CPR 6.9(3) it is clear that the Claimant has a duty of care to ensure that he takes reasonable steps to ascertain the debtors correct address.