Claimants Solicitor advised to send a CCA but never get after CCJ been issued...

[nafiz333]

Hi,

im wondering if anyone can help.

CCJ was issued against me to my old address back in 2015 which I've spotted few months ago. I think it was to do with one of MBNA credit card, but to confirm I contacted the claimant's solicitor called fairfax and they advise me to pay £1 nominal fees in order to get the CCA and default notice along with where the debt originally came from.

its been nearly 2 months and I haven't heard any thing from them. I did send a followup letter to them for an update within 7 working days, about couple of weeks ago and yet haven't heard anything.

Can an I apply for a CCJ set aside and claim the cost from claimant since they have failed to satisfy my request ? I know once CCJ has been issued they are not legally bind to provide me any contract under CCA. But the CCJ wasn't served correctly to my address and therefore I was unaware of the situation.

Can any one advise how can i get this CCJ removed and recover the cost from claimant ?

[nemesis45]

Re: Claimants Solicitor advised to send a CCA but never get after CCJ been issued...

Good morning Nafiz,

As you say once a county court judgement has been made it supersedes the original agreement, the claimant is not obliged to provide a copy of the agreement.

Your grounds for set aside would be the non receipt of the County Court Claim and that you have only recently become aware of the judgement.
Coupled with the fact that you cannot be sure how the alleged debt arose and the type of account and the original creditor.

nem

[nafiz333]

Re: Claimants Solicitor advised to send a CCA but never get after CCJ been issued...

Good morning Nafiz,

As you say once a county court judgement has been made it supersedes the original agreement, the claimant is not obliged to provide a copy of the agreement.

Your grounds for set aside would be the non receipt of the County Court Claim and that you have only recently become aware of the judgement.
Coupled with the fact that you cannot be sure how the alleged debt arose and the type of account and the original creditor.

nem

Afternoon Nem,

Thank you for reply.

I do understand the constrain by issuing CCJ it limits the statutory right so is it not the case of they should have all the compliance paper work before applying for CCJ ?

I think, I should bring the issue of CCJ was not served to correct address therefore did not get the chance to defend it.
And as I am unable to identify the debt, the claimant has fail to provide me any proof or CCA to support the claim. Therefore the case has a very strong ground of set aside etc.

Also will I be able to recover the cost of set aside from the claimant ?

Let me know your thoughts.

[nemesis45]

Re: Claimants Solicitor advised to send a CCA but never get after CCJ been issued...

Afternoon Nem,

Thank you for reply.

I do understand the constrain by issuing CCJ it limits the statutory right so is it not the case of they should have all the compliance paper work before applying for CCJ ?

I think, I should bring the issue of CCJ was not served to correct address therefore did not get the chance to defend it.
And as I am unable to identify the debt, the claimant has fail to provide me any proof or CCA to support the claim. Therefore the case has a very strong ground of set aside etc.

Also will I be able to recover the cost of set aside from the claimant ?

Let me know your thoughts.

Hello Nafiz,

What happens if there is no response to a county court claim is that the claimant can apply to the court for summary judgment/judgement by default.

The claimant affirms the debt is owed and judgment is given in their favour.

Your grounds for set aside = non receipt of the CC claim pack, you then need to have a defence to the claim that has a reasonable chance of success.

nem

[nafiz333]

Re: Claimants Solicitor advised to send a CCA but never get after CCJ been issued...

Hello Nafiz,

What happens if there is no response to a county court claim is that the claimant can apply to the court for summary judgment/judgement by default.

The claimant affirms the debt is owed and judgment is given in their favour.

Your grounds for set aside = non receipt of the CC claim pack, you then need to have a defence to the claim that has a reasonable chance of success.

nem

Hi Nem,

So I need to fill a N244 from outlining the reason to be set aside, as the judgement defence pack not recieved and it happened without my knowledge as went to wrong address ? But how will I recover the cost as the fee is now £240 I believe, shall I also include this at N244 form ?

Thanks

Nafiz

[nemesis45]

Re: Claimants Solicitor advised to send a CCA but never get after CCJ been issued...

Hi Nem,

So I need to fill a N244 from outlining the reason to be set aside, as the judgement defence pack not recieved and it happened without my knowledge as went to wrong address ? But how will I recover the cost as the fee is now £240 I believe, shall I also include this at N244 form ?

Thanks

Nafiz

Had you informed your creditors of a change of address?

nem

[nafiz333]

Re: Claimants Solicitor advised to send a CCA but never get after CCJ been issued...

Had you informed your creditors of a change of address?

nem

The last letter I had from them was around 2010 which was previous to previous address. I didn't even had any communication from them on my previous address where I reside from early 2012 to early 2014 !

Thanks