Just spotted a CCJ on my credit file from 2020 - the process of getting it set aside

[DarrenBoro]

To set asside the CCJ - they have refused to set it asside, so I issued the court procedings and they have decided to defend it - the case is set for the 02 March, not sure what my next move is

[MIKE770]

confused what court appearance March?

[DarrenBoro]

URGENT HELP NEEDED - AT COURT ON 02 MARCH - THEY ARE THROWING THE BOOK AT ME

I never recieved a copy of my CCA Request ( as they claimed they would probably not be able to provide it ) but they claim to have one for court ( enclosed ) with the court diocuments - could someone please have a read through the redacted enclosed PDF court documentation and see what you think - I have no idea what to do when I get to court and am worried

Kind regards in advance
Darren

[DarrenBoro]

I TODAY RECIEVED THE FOLLOWING REPLY IN RESPONSE TO MY CCA REQUEST!!

Dera Mr xxx

Client Name: xxxx
Our Reference xxx
Balance: £1355.03

Thank you for your recent Eail

We note your comments and have requested a copy of the agreement. Once this is received it will sent to you. Please note as the account is the subject of a County Court Judgment (CCJ) and now a warrant has been issued, we may not be able to retrieve the document.

We confirm the warrant issued against you is still active and a bailiff may attend your property to recover the warrant balance.

If you wish to speak with a member of our team, please call us between 9:00am and 6:00pm Monday to Friday on xxx xxx xxx

If you are not already registered, you can now register an account at xxx xxx xxx to view your transaction history, use our budget calculator and make one off payments.

Yours sincerely

[DarrenBoro]

Hi Andrew, what you sent me looks spot on, very well wrote, and in laymens terms

[DarrenBoro]

I did sent them a CCA request today, first class recorded & via Email - they must be sick of hearing from me by now lol -

[DarrenBoro]

Hi andrew - yes please send it across and I will take a look,

[AndrewC]

I'm going to jump in here. The claimant has said they can enter judgment at the last known address. This is not correct. The word in the court rules (CPR Rule 6.9) is ‘residence’ and not ‘address’. It’s not enough for the claim form to be sent to a contact address, such as a friend or family member. That’s why an address at which you have never lived cannot be your usual or last known residence. You may want to look at this case
https://www.bailii.org/cgi-bin/marku...ethod=boolean:

"We do not see how the phrase "last known residence" can be extended to an address at which the individual to be served has never resided."

So, I think you have a very good case for judgment to be set aside.

(I am in the process of writing a book about how to remove a CCJ. There is a chapter about what to do when the claim form is sent to the wrong address. Would you mind if I sent you that chapter and that will give you some helpful information? In return, I'd really appreciate your feedback on whether it's useful and how I can improve it.)

[MIKE770]

CCA different request CCA Request

[DarrenBoro]

UPDATE!

I have received the response to my SAR ( They sent the documents securely through Email ) so - I am not sure what I am supposed to be looking for here but there are NO credit consumer agreeements, they have redacted address's in relation to me, the only place that the address they sent the court documents to is listed is on the pic ( Enclosed ) not sure what it is or how the "Client" provided them these details as they sold them the debt - the whole document mainly consists of letters they have sent out - all of which have had the address's they sent them to redacted - is there anything specific I need to be looking for in this SAR - from my initial impression they have nothing to prove I owe any money whatsoever.

[echat11]

Well the N244 has now been paid and lodged with the court - I was advised to tich ( request a hearing ) so I ticked this box, I have heard noting RE: my Subject Access Request I sent the claimant, however I did recieve the following via Email today

"Dear Mr xxxx

Lxxx reference: 2347xxxx

50% Discount available
This discount is available on your former shop direct account for a limited time.

Don’t miss out - CLICK HERE TO REGISTER
You can clear the discounted balance today or set up affordable instalments without even picking up the phone.

Yours sincerely"






Am I correct in thinking that this email should be ignored - as I am not ging to admit that I owe these leaches anything

Regards Darren

Yes ignore.

[DarrenBoro]

Well the N244 has now been paid and lodged with the court - I was advised to tich ( request a hearing ) so I ticked this box, I have heard noting RE: my Subject Access Request I sent the claimant, however I did recieve the following via Email today

"Dear Mr xxxx

Lxxx reference: 2347xxxx

50% Discount available
This discount is available on your former shop direct account for a limited time.

Don’t miss out - CLICK HERE TO REGISTER
You can clear the discounted balance today or set up affordable instalments without even picking up the phone.

Yours sincerely"






Am I correct in thinking that this email should be ignored - as I am not ging to admit that I owe these leaches anything

Regards Darren

[echat11]

I can't see any issues, you are registered correctly at 3 credit agencies, except Equifax.

Also they've lodge a court claim, they can't admit they sent it to the wrong address in your specific case.

They could have checked the other credit file agencies. Also if you read the forum, they use the 'linked' address as a tactic, to get the CCJ.

des8

[DarrenBoro]

Hi the following is listed on my Credit file for all 4 x Credit reference agencies regarding MY CURRENT ADDRESS: ( Equifax ) = Not matched at Equifax for this time period, at this address

( TransUnion ) = Name: Mr Darren xxxx - Address: My current address - Confirmed as a valid address - Registered on Electoral Register from 2019 - Opted -Out of Marketing Version

( Experian ) = Mr Darren xxxx - Address: My current address - Confirmed as a valid address - Not reported on the Electoral Roll

( Crediva ) = Mr Darren xxxx - Address: My current address - Confirmed as a valid address - Registered on Electoral Register from 2019
Marketing opt-out not reported by Crediva

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The following is listed on my Credit file for all 4 x Credit reference agencies regarding THE LINKED ADDRESS THE COURT PAPERWORK WAS SENT: ( Equifax ) = Mr Darren xxxx - Address: Linked address CCJ was sent to - Confirmed as a valid address - Not reported on the Electoral Roll

( TransUnion ) = Mr Darren xxxx - Address: Linked address CCJ was sent to - Confirmed as a valid address - Not reported on the Electoral Roll - Confirmed as linked address by xxxx Nov 2020

( Experian ) = Mr Darren xxxx - Address: Linked address CCJ was sent to - Confirmed as a valid address - Not reported on the Electoral Roll - Confirmed as linked address, by NORTHUMBRIAN WATER, Aug 2019

( Crediva ) = Not matched at Crediva for this time period, at this address.

I hope this helps - if all is good I will get the N244 sent off...

Regards Darren

[echat11]

I don't think that will be an issue. As long as you can demonstrate that the Electoral Roll and your credit file had the correct address.

Northumbrian water might have the address (the linked address) they sent the Court Claim to, but it's not where you were living. They had two sources of information, the correct address, but failed to use them when they could have checked before issuing the Court Claim.

Is the above correct?