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

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

    Hi each & all - I have just noticed a CCJ on my credit file ( issued on the 9th October 2020 ) after applying for finance and being refused, hoever upon further inspection it has transpired that all the paperwork was sent to an address I do not live, have never lived - have never been registered at, and have never been on the electoral register at - I have however been registered on the electoral register at my current address since ( 2019 ), yet all paperwork from the claiment was sent to an address where I have never lived - on my credit file it has the address where they sent all documentation to as a "linked address only" which was my ( my mothers ) at the time, however she was suffering from dementia and I certainly never received any letters on the few occasions I visited her ( she is in a care home now )

    Now after a bit of searching I think I have a strong case based on the fact that this well known debt buying organisation sent all the documentation to an address I have never lived, could someone ive me the best way of processing this, I have downloaded the N244 and will compete it when Northampton County Court answer the phone so I can get the in depth details, do I contact the claimant and ask them to agree to seet asside the order? or do I just go through the courts.

    I am hoping someone with a bit of knowledge or experience can guide me on the best process/processes regarding this

    Many thanks in advance - Darren.
    Tags: None

  • AndrewC
    replied
    Well done. A very successful outcome all round.

    Leave a comment:


  • echat11
    replied
    Originally posted by DarrenBoro View Post
    HI each and all - I have another update - I just received the following VIA Email

    "We write with regard to the above matter.
    Please find enclosed a Notice of Discontinuance that is filed on behalf of the Claimant.
    We confirm that a copy of the Notice of Discontinuance has been served on the Defendant.
    In the circumstances we would ask that the Court update its record and that any hearing that may have been listed be vacated.
    Should you have any further queries please do not hesitate to contact us on xxx xxx xxx
    Yours faithfully"

    So I think I am correct in assuming that this is the end of the story relating to their CCJ, I think the fact that the judge questioned weather the CCA was enforcable due to the date descrepencies placed them in a no win situation, combined with the wrong address, so glad I spoted the descrepencies - so for everyone else remember you can get these CCJ's removed under certain circumstances

    Many thanks in advance - and if I can be of any help to anyone just send me a message.

    Regards
    Darren.
    Well Done, good result.

    Leave a comment:


  • DarrenBoro
    replied
    HI each and all - I have another update - I just received the following VIA Email

    "We write with regard to the above matter.
    Please find enclosed a Notice of Discontinuance that is filed on behalf of the Claimant.
    We confirm that a copy of the Notice of Discontinuance has been served on the Defendant.
    In the circumstances we would ask that the Court update its record and that any hearing that may have been listed be vacated.
    Should you have any further queries please do not hesitate to contact us on xxx xxx xxx
    Yours faithfully"

    So I think I am correct in assuming that this is the end of the story relating to their CCJ, I think the fact that the judge questioned weather the CCA was enforcable due to the date descrepencies placed them in a no win situation, combined with the wrong address, so glad I spoted the descrepencies - so for everyone else remember you can get these CCJ's removed under certain circumstances

    Many thanks in advance - and if I can be of any help to anyone just send me a message.

    Regards
    Darren.

    Leave a comment:


  • echat11
    replied
    Originally posted by DarrenBoro View Post
    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.

    Leave a comment:


  • DarrenBoro
    replied
    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

    Leave a comment:


  • echat11
    replied
    Originally posted by DarrenBoro View Post
    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.

    Leave a comment:


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

    Regards
    Darren

    Leave a comment:


  • echat11
    replied
    Originally posted by DarrenBoro View Post
    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.

    Leave a comment:


  • DarrenBoro
    replied
    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.

    Leave a comment:


  • DarrenBoro
    replied
    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 defendantís 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

    Leave a comment:


  • MIKE770
    replied
    Witness Statements

    Leave a comment:


  • echat11
    replied
    Originally posted by DarrenBoro View Post
    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.

    Leave a comment:


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

    Leave a comment:


  • AndrewC
    replied
    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.

    Leave a comment:

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