CCJ SET ASIDE APPLICATION DECLINED BY MK County court

[nafiz333]

Hi,

if if any one can help me on this issue, I had a CCJ on 2015 which I realised in 2016 while checking my credit files. all the documents were serve to my old address after I moved out. So I did apply for a set aside and before making application I requested the claiment (capquest) to provide me statement of account and CCA as per consumer credit act 1974. However they didn't provide any document until last week when I encounter their lawyer. Although the document were just copy and not original. The judges decision was based on they have send me few letters to my ok'd address whil I was there and that there is an agreement showing I owe them money.

nevertheless, I thought claiment had an obligation to send me those document before set aside hearing and to satisfy consumer credit act 1974, and not just to produce them on court although they were photocopied and no signature !

Can any any one help on this case, is there's any way I can defend this now or ask the court to reasses this case etc ?

Thanks

[MIKE770]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

interesting case here then ?? sure somebody may have experianced this

[Amethyst]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

As you were aware of the debt before moving then the responsibility would have been yours to inform them of your change of address. Presumably the other side showed you were aware, and hadn't informed them, and it wasn't a huge amount of time between events?.

The credit agreement - it depends what you argued, and when the original agreement was taken out. A reconstituted or copy document is normally compliant for CCA s.77/78 purposes.

Need to know far more about the debt and what you argued as your set aside application to be able to offer any help really.

[Diana M]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

When did you make your set-aside Application because that has to be done promptly under CPR? You say that you discovered the CCJ in 2016 but the hearing wasn't until last week .

I expect Capquest didn't comply with your CCA Request since you already had a CCJ meaning they didn't have to (unless or until the CCJ was set aside).

Did you file a Draft Defence with your set aside application?

When you moved from your old address did you register on the electoral roll and have any active credit (e.g. a bank account, mortgage etc) which would have shown on your CRA file at the new address?

A creditor should carry out due diligence before issuing a claim to be satisfied that you're living at the address where they intend to serve the claim. If you were 'visible' on your CRA file at your new address they could/should have seen that if they checked.

Sometimes they do check and then deliberately serve the claim on your old address.

When you checked Noddle did you see if your file shows both addresses as 'linked' meaning anyone checking your address would see both?

Did you file a Witness Statement with your set aside Application demonstrating why the creditor could/should have known the correct address?

I'm not sure what you meant about the DJ being satisfied by letters being sent to your old address. Did he assume or imply that just because the Claimant sent them you must have received them (even though you weren't living there)? Can you expand on that point a bit.

Di

[Diana M]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

One other thing

Are you saying that the Claimant's lawyer brought documents to the hearing which you hadn't seen before? If so you could have asked the DJ to adjourn the hearing due to their late disclosure.

Or were the documents exhibited with their WS which was served on time (if it was)?

Di

[Diana M]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

I've taken a peek at your original thread on this CCJ and it appears that you were on the electoral roll at your new address up to ten months before the claim was issued to your old address.

It also seems the debt may have been Statute Barred just before the claim was issued. Did you raise the SB argument in court last week?

Di

[nafiz333]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

As you were aware of the debt before moving then the responsibility would have been yours to inform them of your change of address. Presumably the other side showed you were aware, and hadn't informed them, and it wasn't a huge amount of time between events?.

The credit agreement - it depends what you argued, and when the original agreement was taken out. A reconstituted or copy document is normally compliant for CCA s.77/78 purposes.

Need to know far more about the debt and what you argued as your set aside application to be able to offer any help really.

The debt was originally from MBNA which I stop paying since October 2008. Since then capquest keep sending those letter to my two prior addresses. Since 2008 I've changed my address twice and none was notified to them rhen how they got my last one ! As soon as I move to current address I change all the bank and credit card address and register in electoral too. Funny thing is I now also have a MBNA credit card issue last year.

[nafiz333]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

Hi Diana,

yes i I did request a copy paying them £1 statutory payment but didn't get anything but a letter saying they have received my request and working on it !

The claiment lawyer bring those documents photocopied and was presented in court, I did raise the issue old sb but judge seems to ignore that ! Can you help me anyway by representing this case, as I'm not sure what would be the next stage ?

[charitynjw]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

yes i I did request a copy paying them £1 statutory payment but didn't get anything but a letter saying they have received my request and working on it !

Did you send the request before the 2015 CCJ, or did you send it after?

[nafiz333]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

I didn't realise that there is a CCJ in my file until March 2016, it took me 3 months to trace who is the claiment. Then several month mailing going backs and forth with claiment solicitors. I did make a set aside application last year though ( probably in August)

[charitynjw]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

Hi

Ok, but was the CCA request made before the CCJ, or after it?

[nafiz333]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

Hi

Ok, but was the CCA request made before the CCJ, or after it?

Hi no it was made after the CCJ as I wasn't aware of CCJ itself.

[charitynjw]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

From [MENTION=87380]Diana M[/MENTION]'s previous posts.

I expect Capquest didn't comply with your CCA Request since you already had a CCJ meaning they didn't have to (unless or until the CCJ was set aside).

It also seems the debt may have been Statute Barred just before the claim was issued. Did you raise the SB argument in court last week?

[nafiz333]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

But the CCJ wasn't served correctly hence the set aside application for hearing was granted ? And I raise this issue SB to judge but he seems to avoid this issue ! So what shall I do now ? Can you help me on this officially ?

[Diana M]

Re: CCJ SET ASIDE APPLICATION DECLINED BY MK County court

Did you ask the DJ for permission to appeal his decision before he left the room?

If not then you'll need to make a formal Application to the court for permission to Appeal before any Appeal can be heard.

You will need to state your grounds for Appeal which ought to be based on the DJ making an error of fact or an error of law.

You'd need to obtain a transcript of the judgment as a starting point.

The question will be: is it worth it? If you're not granted permission to Appeal then that's the end of the matter and you could be lumbered with costs. If you are granted permission to Appeal but lose the Appeal then you'll face the other sides legal costs.

From what you said you were ambushed by the other side who turned up to court with documents (new evidence) but you didn't challenged their late disclosure. The DJ can't do that for you. If you'd asked for an Adjournment 'in the interests of justice' you would probably have got one.

But as a LIP you wouldn't have known that so the other side took unfair advantage of you

Di