CCJ issued by Cap quest to old address

[nafiz333]

Re: CCJ issued by Cap quest to old address

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.

OK I have understood your reasoning and will act accordingly but what about 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; ?

[charitynjw]

Re: CCJ issued by Cap quest to old address

OK I have understood your reasoning and will act accordingly but what about 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; ?

Was the agreement for a credit card which enabled you to borrow monies to purchase goods etc as & when you required?

[nafiz333]

Re: CCJ issued by Cap quest to old address

Yes.

The credit card enables me to purchase goods an services which was on the basis of an agreement.

[charitynjw]

Re: CCJ issued by Cap quest to old address

OK I have understood your reasoning and will act accordingly but what about 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; ?

Was the agreement for a credit card which enabled you to borrow monies to purchase goods etc as & when you required?

Yes.

The credit card enables me to purchase goods an services which was on the basis of an agreement.

From the FOS re s75(A) claims

section 75A - when can we help?

Section 75A came into force on 1 February 2011 - through the implementation of the Consumer Credit Directive - but applies to regulated agreements made on or after 11 June 2010 . It supplements section 75, rather than extending it. This note is not intended to provide a full explanation of the law. But put very simply, section 75A will normally have effect where all of these things apply:

• the goods or services were purchased under a credit agreement specifically arranged for the purchase of these goods or services. Credit card payments will not normally be covered by section 75A, because the credit agreement under which a credit card is provided does not relate to the supply of specific goods or services - the card can be offered in payment foranything the consumer chooses;
• the credit agreement is within the scope of the Consumer Credit Directive, but outside the scope of section 75;
• the amount of the credit agreement is not more than £60,260; and
• there has been a breach of contract by the supplier, involving the goods or services not being provided at all, only being supplied in part, or not being supplied as specified in the contract.

Before making a claim against the credit provider under section 75A, the borrower must first take reasonable steps to get the provider of goods or services to settle the claim.

Imho, I would imagine the same/similar applies in your case

[nafiz333]

Re: CCJ issued by Cap quest to old address

Thanks for your advise. However the agreement was made before 2005/2006 therefore shouldn't apply to my case I suppose ?

[charitynjw]

Re: CCJ issued by Cap quest to old address

Thanks for your advise. However the agreement was made before 2005/2006 therefore shouldn't apply to my case I suppose ?

My point (not very well explained as usual) is that the credit card was used to borrow money.
That money was then used to purchase goods/services etc of your own choosing.
Imho, the agreement was not made to cover specific goods/services.

[nafiz333]

Re: CCJ issued by Cap quest to old address

got it. many thanks

[nafiz333]

Re: CCJ issued by Cap quest to old address

got it. many thanks

Hi,

I have now decided to make and application for set aside using N244 form, having mixed response from this blog I have decided to fill section 10 of N244 form as follows - Any comment or valuable advise to add on would be appreciated.

I wish to apply for an order that the default judgement entered against me be set aside.
On discovering that a judgment had been entered against me while checking my credit file last month, I ought legal advice and advised to make this application.

The claim was not served properly as I did not receive any claim form or summon from the court or any form of communication from the claimant before the judgement was made. The judgement was entered against my old address (------------) on 12 January 2015, while I have moved out form my old address on 5 April 2014. (Please see Appendix 1 for tenancy agreement)
In addition, I cannot recall any form of communication received from the claimant while reside at my old address for the alleged debt, Under CPR 6.9 (3) “Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).”
On the other hand, I do not recall to be owed any money to the claimant.
I believe that I have compete defence to the claimant’s case and would request that the default judgement to be set aside.

[nafiz333]

Re: CCJ issued by Cap quest to old address

Hi,

I have now decided to make and application for set aside using N244 form, having mixed response from this blog I have decided to fill section 10 of N244 form as follows - Any comment or valuable advise to add on would be appreciated.

I wish to apply for an order that the default judgement entered against me be set aside.
On discovering that a judgment had been entered against me while checking my credit file last month, I sought legal advice and advised to make this application.

The claim was not served properly as I did not receive any claim form or summon from the court or any form of communication from the claimant before the judgement was made. The judgement was entered against my old address (------------) on 12 January 2015, while I have moved out form my old address on 5 April 2014. (Please see Appendix 1 for tenancy agreement)
In addition, I cannot recall any form of communication received from the claimant while reside at my old address for the alleged debt, Under CPR 6.9 (3) “Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).”
On the other hand, I do not recall to be owed any money to the claimant.
I believe that I have compete defence to the claimant’s case and would request that the default judgement to be set aside.