Set aside under section 35?

[mikedaveross]

Hi guys (& gals!)

Firstly, thank you for taking the time to read my situation...

I had an Egg CC that I defaulted on in 2007 due to unemployment. Rather than dealing with it & arrogant/pushy/rude/unsympathetic recovery agents who didn't care if you couldn't eat/put a roof over your head, just wanted paying, I ignored calls/letters, buried my head in the sand, hoped it would go away & focused on keeping myself going & getting myself up & running again...

When a CCJ came through from the courts for £401, I was surprised it was so low. I payed it off by installments to Fredrickson Internatonal (Bryan Carter?), with the final payment to the courts & thought that was that...

I then received further letters saying they we're 'disappointed it hadn't prompted me to carry on paying' & another claim put in 2009, this time on behalf of Arrow Global (think Egg sold them the debt?) for the remaining amount (£3402)

I paid £50 a month for almost 2 years until I changed banks & although all my other direct debits moved, this one for some reason never did...

I still had my old bank account open & the direct debit stayed, dropping off after a year as no payment request had been made.

The first CCJ was never marked as 'satisfied' & recently dropped off my credit report...

I checked my Fredrickson International account & notice that the outstanding amount of £1951 had been 'returned to client'?

As Egg are no longer. I applied to the courts with this to get it marked as 'satisified' as the balance with who I thought the claimant was (Bryan Carter) had been cleared. They inform me that Arrow Global are the claimants & it cannot be satisfied from the 3rd party evidence (Fredrickson International) supplied.

Can two CCJ's be lodged for the same debt, by the same solicitor (Bryan Carter) for 2 different clients (Egg/Arrow Global)?

Can I get this 2nd one 'set-aside' (Section 35, CCA)? If so, can I claim back the monies paid (£1400) as the CCJ was unlawful?

I am in a much better place now due to 4 1/2 years permanent employment & just want to move on with my life!

[FlamingParrot]

Re: Set aside under section 35?

Hi Mike and welcome!

You may want to refer to this factsheet with regards to setting aside a CCJ: http://www.nationaldebtline.co.uk/en...e_county_court

You will have to pay a fee but it can be waived in certain circumstances.

[mikedaveross]

Re: Set aside under section 35?

Thanks...I found that website whilst searching. Very useful advice...

I have sent an N244 form to the courts, was just after some advice/re-assurance...from 'Googling' there seems to be lots of cases of this, but guess no-one knows!?! I've asked on a couple of other forums with no reply!

The only difference I see is that I am querying it now, 4 years on. But despite me 'accepting' & paying towards it, the way I see it, Section 35 of the CCA has been broken. Abuse of process. I also plan to claim back the monies paid under this CCJ...

I wish I knew this 4 years ago, as I am trying to get a mortgage!

[CleverClogs]

Re: Set aside under section 35?

]Section 35 of the CCA has been broken.

How? :confused2:

Section 35 of the Consumer Credit Act 1974 (link) concerns the Register operated by the Office of Faffing and Twaddling.

[mikedaveross]

Re: Set aside under section 35?

County Courts Act 1984

http://www.legislation.gov.uk/ukpga/1984/28/section/35

[CleverClogs]

Re: Set aside under section 35?

County Courts Act 1984

http://www.legislation.gov.uk/ukpga/1984/28/section/35

Ah!

[mikedaveross]

Re: Set aside under section 35?

Well look what I found...

So nice of them to spell it out for me, that's going to make the hearing a lot easier!

Anyone got any rope?

[Guest]

Re: Set aside under section 35?

I don't know if this is applicable in your case. But creditors have made two claims before on a credit agreement.
One for the arrears and one for sums due under the terminated account.
These are different causes of action, this may not be applicable in your case, but I thought that you should be aware of it.

[mikedaveross]

Re: Set aside under section 35?

Cheers,

I shall check the paperwork for the original CCJ, but am sure it states 'part of debt' not 'arrears', along with some bumpff about 'reserving the right to claim the rest'...good luck.

Morrally, I have no problem with paying...I have paid all my debts off. But I hold these sharks with some contempt as they knowingly abuse the system that is there to protect & assure fairness.

Luckily, I keep ALL documents.

[Guest]

Re: Set aside under section 35?

I don't know if this is applicable in your case. But creditors have made two claims before on a credit agreement.
One for the arrears and one for sums due under the terminated account.
These are different causes of action, this may not be applicable in your case, but I thought that you should be aware of it.

Yes from memory they claim arrears first, this gets around the provisions for issuance of a section 87 notice. They can then terminate the account at a later date and collect the balance of the sums under the agreement.

[mikedaveross]

Re: Set aside under section 35?

'Getting around' a provision is exactly what I would expect Mr Bryan F Carter to try...

Unfortunately the the original CCJ states it is a 'part of debt', not arrears.

It goes on to say 'they do not waive the right as to the balance' (which I guess they can try to & pursue if they wish...without a CCJ) or 'the right to make a further claim' which I, & section 35 of the county courts act, disagrees!

[mikedaveross]

Re: Set aside under section 35?

Incidentally, BOTH CCJ's were registered as Egg being the claimants...the 2nd was transferred to Arrow Global in 2011 (did not know that was even possible/allowed/legal?!?)

Surely any new claimant would have/need to acquire their own CCJ?

[Guest]

Re: Set aside under section 35?

Incidentally, BOTH CCJ's were registered as Egg being the claimants...the 2nd was transferred to Arrow Global in 2011 (did not know that was even possible/allowed/legal?!?)

Surely any new claimant would have/need to acquire their own CCJ?

Yes I think that an enforcement order would have to be sought by the claimant.