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

[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]

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

[MIKE770]

confused what court appearance March?

[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

[AndrewC]

I would recommend that you prepare a witness statement if you haven't already. But you haven't got long, so you should do that as soon as possible.

[DarrenBoro]

What do I do with the witness statement? send it to the court or to the debt purchasing company

[echat11]

What do I do with the witness statement? send it to the court or to the debt purchasing company

Both, try to get it done by Monday. The Court and the creditors solicitors.

[MIKE770]

Witness Statements

[DarrenBoro]

Hi everyone, my witness statemant is almost complete, I will finalise it tomorrow as I am working tonight, it looks very good my side in my opinion, I have a tenancy agreement in my name for my CORRECT address since 2017, also proof that I was on the electorl register and my address publically available to them, and the cort rules are clear and I quote

"To serve the claim form means to take certain steps, required by the court rules, to bring the claim form to the defendant’s attention. The court rules require that the claim form be served by posting it to the usual or last known residence of the defendant.
If you can show that the claimant knew or ought to have known that you had changed address, then the claim form will be deemed not to have been served. This means that the CCJ is irregular and the court must set it aside."

They did a search on the 16/02/22 on an active bank account that shows is regestered to the address where they sent the documents, the bank has confirmed this is incorrect ( sending me out a letter confirming this ) and that on that date my address was my current and correct address, one final thing, does anyone know if my SAR should have included a Creit Consumer Agreement? because it was not in it, and I did get an email from the scum bags claiming in no uncertain words that they may not be able to retrieve it as there is an active CCJ on it - low and behold they have one in there court documents which I find suspicoius to the extreme

Many thanks in advance, I just want to be prepaird but I am confident I will get it set asside

Regards Darren

[DarrenBoro]

Hi each and all - I have almost completed my witness statement, I am just going over the Credit Consumer agreement, that was not is my SAR, nor did they send it via my CCA request, but claimed they may not be able to retrieve it, I am smelling a rat and looking for mistakes, as they have now sent it with the court documents, can anyone confirm if the folwwing seems correct?

Account opened on 09/06/2009
CCA Signed on 02/09/2009

Is it normal to open the account before the CCA is signed? this seems the wrong way around, it is one of those digital signatures and very easy to just fill in the details, if the above is correct I wont add it to my witness statement

Regards in advance
Darren.

[echat11]

Hi each and all - I have almost completed my witness statement, I am just going over the Credit Consumer agreement, that was not is my SAR, nor did they send it via my CCA request, but claimed they may not be able to retrieve it, I am smelling a rat and looking for mistakes, as they have now sent it with the court documents, can anyone confirm if the folwwing seems correct?
Account opened on 09/06/2009
CCA Signed on 02/09/2009
Is it normal to open the account before the CCA is signed? this seems the wrong way around, it is one of those digital signatures and very easy to just fill in the details, if the above is correct I wont add it to my witness statement
Regards in advance
Darren.

The Agreement is signed first, then the account is opened.

[DarrenBoro]

So do you think this is suspicious and worth highlighting in my witness statement?

Regards
Darren

[echat11]

So do you think this is suspicious and worth highlighting in my witness statement?

Regards
Darren

If you think they are going to 'throw the book at you', it's the sort of thing that would demonstrate their conduct over the account, your saying 'they haven't been doing things correctly', this demonstrates that.

It would be good to get an explanation from them on that.

[DarrenBoro]

UPDATE - THE JUDGE SET THE ORDER ASSIDE

Hi everyone, I had my court hearing today at 11:30 over the phone, as I found out after I arrived at the county court lol - I thought I was done for, but the jusge took my side on everything, and stated that she believed that CCA was not valid as it was signed 15 months after the credit account was opened, also that they served the documents at the wrong address and that in her opinion I would have had a chance of successfully defending the case, at the end the claimants solicitor piped in and asked for £169.00 costs, the judge slappe her down and declined and said no, butapparently this goes to trial or something now which I am not fully understanding, the judge said that the claimant serve me documents or somerthing by 9th march and that I 14 days to to serve or something - not sure what goes on now but the judge did set the order asside

So thanks in advance to everyone who helped me

Best wishes - Darren

[echat11]

UPDATE - THE JUDGE SET THE ORDER ASSIDE

Hi everyone, I had my court hearing today at 11:30 over the phone, as I found out after I arrived at the county court lol - I thought I was done for, but the jusge took my side on everything, and stated that she believed that CCA was not valid as it was signed 15 months after the credit account was opened, also that they served the documents at the wrong address and that in her opinion I would have had a chance of successfully defending the case, at the end the claimants solicitor piped in and asked for £169.00 costs, the judge slappe her down and declined and said no, butapparently this goes to trial or something now which I am not fully understanding, the judge said that the claimant serve me documents or somerthing by 9th march and that I 14 days to to serve or something - not sure what goes on now but the judge did set the order asside

So thanks in advance to everyone who helped me

Best wishes - Darren

Well Done, keep on top of it, if your not sure, check / ask. I think the Claimant has been asked to respond if they can or want to. But check with the Court, so you know exactly what is going on.