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Hillsden CCJ issued Help Newbie havent a clue what to do.

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  • #1

    Hillsden CCJ issued Help Newbie havent a clue what to do.

    Hi newbie here.

    Need some advice on what to do please...

    I had a credit card with lloyds tsb took out in 2000 I stopled paying the card in December 2007 but they listed on my credit file default in june 2008. the reason for me not paying is that I split up with my fiancd and had to buy him out the house as I had a child with him. I tried to explain to tsb but to no avail. my own fault but my priority was my daughter and mortgage.

    I had various chase letter's over the years from tsb and debt collection but then they all stopped for over a year until I had a letter from a solicitor saying the debt has been passed on. I ignored it then I had a letter from hillsden threatening court and a ccj no acvount details or how much etc so I ignored this too. stupid I know.

    low and behold I now have a CCJ on my file no court letter nothing and nothing from Hillsden.

    On my credit file the CCJ is unsatisfied dated the 11.09.2013. both lloyds and Hillsden are still on my file showing differe t default dafez by a day back in 2008. I havs never had a letter off hillsden till the other month.

    I'm worried as I haven't been able to defend myself. would my debt be statue barred? are hillsden alliwed to put a ccj on me if they dont own the debt how do I go about it all now. I still can't afford to psy the debt of £3877 im just about keeping my head above aater with my kids mortgage and working part time.

    Any help is appreciated

    Thanks
  • #2
    Re: Hillsden CCJ issued Help Newbie havent a clue what to do.

    Hi there

    If you defaulted on the account in 2007, then the debt wouldn't go statute barred until December 20013 earliest.
    Did yoi not get any letters leading up to and DURING court process? Did you move home?

    Theoretically, you could apply to set aside if you genuinely didn't find out till recently about the CCJ, but you would need to show that you had a proper chance of defending the original claim for a court to agree a set aside.

    You could have asked for a copy of the original agreement via s.78 request, but now the debt has already been enforced, the creditor is not bound to produce it as the agreement is now terminated.

    I would ask a simple question first. How is the CCJ affecting you? You already have a mortgage, so thats a big hurdle cleared. You wont easily be able to move lenders though, so you are probably stuck with your current lender till the CCJ goes.

    A CCJ on your credit file lasts 6 years whether its satisfied or not.

    Hillesden may well come back and seek enforcement of this CCJ though, via a charging order potentially.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • #3
      Re: Hillsden CCJ issued Help Newbie havent a clue what to do.

      Worth mentioning as well that a Charging Order is only really a problem if you are planning to sell your house. Effectively it means that if you sell your mortgage is paid, then the CO is paid as a second charge on your house before you get any of the equity in it.
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      • #4
        Re: Hillsden CCJ issued Help Newbie havent a clue what to do.

        hello thank u for ur advice.
        ive just had a letter from court demanding the full amount plus court fees. what do I do? I dud not have chance to defend myself agajnst them and I can't afford to pay it back.

        Help getting worried now
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        • #5
          Re: Hillsden CCJ issued Help Newbie havent a clue what to do.

          Hello Ruby Tuesday 10,
          I am in the same boat as yourself I too have just received a claim from Hillesden Securities for a similar sum. In your position I would telephone Northampton Bulk centre and explain that you did not receive the claim form and that you want the CCj set aside on the grounds you did not receive it. Is there a good reason why you didn't receive the form.
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          • #6
            Re: Hillsden CCJ issued Help Newbie havent a clue what to do.

            Originally posted by nofunds View Post
            Hello Ruby Tuesday 10,
            I am in the same boat as yourself I too have just received a claim from Hillesden Securities for a similar sum. In your position I would telephone Northampton Bulk centre and explain that you did not receive the claim form and that you want the CCj set aside on the grounds you did not receive it. Is there a good reason why you didn't receive the form.
            Have just received another claim? Or is it the same one on this thread? :confused2:

            http://www.legalbeagles.info/forums/...ht=#post381402

            With regards to setting aside a CCJ already obtained (as opposed to defending one as you are doing), you'd need to submit an N244 and a fee is payable, although in certain circumstances the fee can be waived (if you are on benefits or on a low income).

            To set aside on the grounds of not having received the court papers, you'd need to show the court that:
            1) the claimant had your current address at the time the issued the claim and
            2) you have a viable defence

            See this for reference: http://www.bdl.org.uk/images/12_EW_N...ty%20court.pdf

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