Dlc/charging order

[brt10]

Hi thanks for taking the time to read and hopefully help.

CCJ was issued back in september for a TSB CC which I took out in 2000 and defaulted on in June 2007 and I have not acknowledged the debt at all. its been passed on to the usual dca then nothing for a few years until I had a letter in the post saying do I need help with my CCJ. I went onto my credit file and there it was from Hillsden. I had not paperwork to defend myself in court and in throery the debt should be Staue barred!!! A CCJ was granted which I later had confirmed in the post and to pay they full amount which was now £4064.07 which I cant afford to pay, I have now received a letter to advise that DLC have applied for a charging order through my local court and this is being held on the 14th Jan 2014.

I have drafed up the below letter to defend myself as I was never given the opportunity to do so in the first place. can you please give me some poiters so see if its any good as this is all new to me.

I want the CCJ set aside and the Charging order dropped. The debt is State barred and they should not of been able to get a CCJ. Ihave spken to the orginal creditor and they still have not sent a copy of my CCA nor did I receive notice of assigment that the debt had been sold to Hillsden. Please any ideas as I am very worried now and I cant attend court as I only work part time and its being held on one of the days I work and I know I cant get the time off. I am a single mom with two young kids trying to keep up with my mortgage which I am already behind on and now I have this to worry about.

Thank you for your help

copy of letter below

Please take note I do not acknowledge any debt to Hillesden Securities or any associated company.

I refer to entries made to my credit reference files by Hillesden Securities Ltd.,

England and Wales Orders & Judgments

Hillesden has stated that a county court Judgment was made in its favour on 11/09/2013, please take careful note I have NOT at anytime received a County Court Claim pack at my present address and I have been resident here for 12 years So I have been unable to defence myself and I am applying to get the CCJ set aside and that the Charging Order dropped as DLC/Hillsden have not followed the correct guidelines.

I have now received a letter dated the 15.09.2013 to advise that DLC have applied for an Charging order on my property.

I am now aware that Hillsden Securities LTD are aware of my address after receiving the above mentioned letter, but no original court papers so one must conclude that IF the CC claims was made by Hillsden it clearly used an incorrect address, this may or may not have been a deliberate action to obtain a judgement by default but it is easy to conclude this is a possibility.

I have been in contact with the original creditor (again I do not acknowledge any debt to them) requesting my original credit agreement from the year 2000 and I am still awaiting these documents from over a month ago. They also advised me that the account defaulted back in June 2007 so this debt would of been Statue bared in June 2013 So how did Hillsden managed to get the CCJ in September 2013. Also no notice of assignment was received from the original creditor or the DCA which again is a legal requirement.

I would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I must inform you that I shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT debt collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I will also use this as a defence.

As you you can see I have not been able to defend myself due to the lack of correspondence from either parties and I only found out a CCJ has ben issued when I was notified on my credit file

I therefor require Hillesden Securities Ltd., to produce all the relevant documents regarding this CC Claim, and any other documents connected with the alleged debt within 7 days from the date hereon, until these documents are provided to me no further correspondence will be entered into.


is it too late the get the CCJ set aside

Im so worrie I just dont know what to do

Thanks for your time and help

[FlamingParrot]

Re: Dlc/charging order

Hi and welcome to LB!

First the obvious questions:

1. Have you checked that there is, in fact, a CCJ recorded against you? :confused2: This is the public CCJ record: http://www.trustonline.org.uk/search-yourself
2. Have you checked with the Land Registry the existence of a charge on your property? :noidea: The Land Registry would normally have informed you when a creditor has applied for an interim charging order against your property: http://www.landregistry.gov.uk/publi...blic-guide-23a

With regards to setting aside the CCJ, you will need to apply to the court for set aside using an N244 form and you will have to pay £80. The court may agree to set aside the CCJ if you can show:

• that the creditor had your address, yet you didn't receive court papers/were sent to an old or wrong address
• if the CCJ is set aside, you have good prospects of defending the claim. :thumb:

It's pointless at this stage to say you don't acknowledge the debt. If it was SBd at the time proceedings were initiated, then it cannot be un-barred by acknowledgment. SBd is an absolute defence and you don't need to argue about the assignment or the agreement.

You may want to look at this: http://www.nationaldebtline.co.uk/en...e_county_court

I did not get the court papers

If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved). If you have given your creditors your new address then they should contact you there.

If they still send the papers to your old address then you may have good reason for the judgment to be set aside.
If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
• the post office returned the claim papers as they were not able to deliver them.

[brt10]

Re: Dlc/charging order

Hi flaming parrot. thank you for your reply.

Yes there is a ccj on my credit file and I received a letter in the post from the land registry yesterday. I have jyst paid 5 pounds to get a copy of dlc court papers just waiting for those to come through.

I also called Lloyd tsb who where very helpful. they advised me my account has been closed as its 13 years old and also they don't have my original credit agreement. I told them what was going on and they said if there is no original agreement they shouldn't of been able to get the ccj as even they dont have the original agreement.

Is it worth me getting the ccj set aside? money is very tight at the moment and I cant afford to loose 80 pounds if they dont agree. What do I do about the land registry? its going to court on the 14th jan. what can I send in to fight this.

Any help would be great as ive not got a clue what to do and I dont want these scum to win especially as the account was in dispute.

There won't be any equity left in my house if I sell as my mortgage is on interest only and the bank will end up owning it

[FlamingParrot]

Re: Dlc/charging order

Hi flaming parrot. thank you for your reply.

Yes there is a ccj on my credit file and I received a letter in the post from the land registry yesterday. I have jyst paid 5 pounds to get a copy of dlc court papers just waiting for those to come through.

Was that letter regarding the creditor recording an interim charging order?

I also called Lloyd tsb who where very helpful. they advised me my account has been closed as its 13 years old and also they don't have my original credit agreement. I told them what was going on and they said if there is no original agreement they shouldn't of been able to get the ccj as even they dont have the original agreement.

The claimant obviously obtained default judgment, which happens when the debtor fails to respond to the claim. The creditor's duty to supply you with a copy of your agreement ends when judgment is obtained.

Is it worth me getting the ccj set aside? money is very tight at the moment and I cant afford to loose 80 pounds if they dont agree. What do I do about the land registry? its going to court on the 14th jan. what can I send in to fight this.

Presumably the court hearing is to decide whether the interim charging order should be made final. If you don't get the CCJ set aside, the claimant is very likely to succeed with the application. If the property is jointly owned and the debt is in your sole name, they can only record a restriction.

If you think you meet the requirements stated on the factsheet, you can apply for set aside. Without a CCJ, they can't secure the debt via a restriction or charge, however, the creditor can re-start proceedings, so it's important that you have good grounds to defend the CCJ in the first place. If the account is that old, chances are, they won't be able to produce the documents either. If you can show the court that the creditor had your address at the time the claim was issued, yet you didn't get the court papers, you may succeed in getting it set aside.

Given that the CCJ is over £4k, if it was me, I'd try to have it set aside.

Any help would be great as ive not got a clue what to do and I dont want these scum to win especially as the account was in dispute.

There won't be any equity left in my house if I sell as my mortgage is on interest only and the bank will end up owning it

The charge merely secures the debt and is no replacement for repayment, you will have to agree a monthly repayment into the CCJ as well. Once they have a charge, they can attempt to enforce it by applying for an Order for Sale. They are hardly ever granted, certainly not for that amount, for it's something you should bear in mind. See this for reference: http://www.adviceguide.org.uk/englan...ing_orders.htm

[Gorang]

Re: Dlc/charging order

My Advise

GET THIS SET ASIDE ASAP

it will be a £80 WELL spent now and I would counter claim to get your expenses back

your grounds to get it set aside is below, you have a VERY GOOD CASE to get this set aside

Hillesden has stated that a county court Judgment was made in its favour on 11/09/2013,

They also advised me that the account defaulted back in June 2007 so this debt would of been Statue bared in June 2013

Statue barred clock would of started BEFORE June 2007 as you would of stopped paying the debt before they could register a default

When did you make the last payment to the account???
this will be important so you will need to find this out, so if you don't have the old statements as proof for the court of the last payment then try phoning the original creditor and ask them, if they managed to tell you when it was defaulted then you may get lucky and they may be able to tell you when last payment was made and how much the payment was, if they tell you the date and amount on the phone, then ask them to put that in writing for you

If they can't/won't give you a date and an amount and you don't have the info yourself, then we can use the court (IF we have too) and make the claimant produce the required statements, to cross that bridge, BUT it would be better if we know this info WITHOUT having to use the court to get it

I have jyst paid 5 pounds to get a copy of dlc court papers just waiting for those to come through.

Good as this will show the date they submitted the claim

Apply for set aside along the lines
1, you didn't get ANY notification of the action from the claimant
2, you DIDN'T receive ANY summons from the claimant
(and to back up the fact you didn't get a summons from them)
3, If you had received a summons then you would of fully defended the action at the time of the action, due to the claimant had NO grounds for a claim in the frist place as the debt was statue barred on xx/xx/xxx which is xx months BEFORE they submitted a claim to the court to obtained a CCJ