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Hi
I am hoping for some guidance on the process for applying to the courts to have a CCJ made by default judgement '"set aside"
This is a really long story going back 12 years!!! My brother was victim of a car buying scam which went on some years ago which resulted in him receiving a fake cheque for the sale of his car. He took this cheque (unaware it was 'rubber') to Natwest Bank who cashed the cheque credited the 10,000 into my brothers bank account. My brother withdrew the money and paid his debts off. Over a week later, Natwest contacted him to advise that the cheque had bounced and he now owed the bank 10,000!!! After much debate Natwest ended up calling this cash and overdraft and ultimately the debt went to debt collection. My brother ignored the debt,paid nothing against it and made no contact with the debt collection company. He cannot remember whether a default ever appeared on his credit file for this as it was 12 years ago. In July 2016 he updated his credit file with his new address and registered on the electoral role and suddenly he began receiving letters from Robinson Way about the debt. Unfortunately he ignored the letters and eventually he was issued with a threat of legal action. He did contact the debt recovery company asking for proof of a credit agreement but this was never received. To get to the point, a CCJ has now been issued as he did not respond to the County Court notice. I am aware that there may be an option to dispute the CCJ by way of requesting it be 'set aside'if he can prove he was not liable for the debt. I believe he may have a case due to:
The original debt being 12 years old
He did not make contact with the company within the last 6 years
He did not receive the credit agreement he requested
I am also not sure of the legality of the debt in the first place given that the debt only occurred due to the bank releasing funds on a fraudulent cheque and then asking for it back-I would have thought the security of cheques would have been the banks responsibility?
I am now wondering of we can dispute this CCJ and if so where on earth do we start!?
Any advise would be greatly appreciated
Hi
I am hoping for some guidance on the process for applying to the courts to have a CCJ made by default judgement '"set aside"
This is a really long story going back 12 years!!! My brother was victim of a car buying scam which went on some years ago which resulted in him receiving a fake cheque for the sale of his car. He took this cheque (unaware it was 'rubber') to Natwest Bank who cashed the cheque credited the 10,000 into my brothers bank account. My brother withdrew the money and paid his debts off. Over a week later, Natwest contacted him to advise that the cheque had bounced and he now owed the bank 10,000!!! After much debate Natwest ended up calling this cash and overdraft and ultimately the debt went to debt collection. My brother ignored the debt,paid nothing against it and made no contact with the debt collection company. He cannot remember whether a default ever appeared on his credit file for this as it was 12 years ago. In July 2016 he updated his credit file with his new address and registered on the electoral role and suddenly he began receiving letters from Robinson Way about the debt. Unfortunately he ignored the letters and eventually he was issued with a threat of legal action. He did contact the debt recovery company asking for proof of a credit agreement but this was never received. To get to the point, a CCJ has now been issued as he did not respond to the County Court notice. I am aware that there may be an option to dispute the CCJ by way of requesting it be 'set aside'if he can prove he was not liable for the debt. I believe he may have a case due to:
The original debt being 12 years old
He did not make contact with the company within the last 6 years
He did not receive the credit agreement he requested
I am also not sure of the legality of the debt in the first place given that the debt only occurred due to the bank releasing funds on a fraudulent cheque and then asking for it back-I would have thought the security of cheques would have been the banks responsibility?
I am now wondering of we can dispute this CCJ and if so where on earth do we start!?
Any advise would be greatly appreciated
