CCJ issue.

[Weazal]

Hi all.
I need help.
Sorry in advance for the essay

I have been signed up with Clearscore to keep an eye on my credit report for a few months now and all was as I thought it was. I recently signed up to Noodle to see how that one compared to Clearscore and all was the same. Until this month when I noticed that a CCJ had been awarded against me from Mortimer Clarke solicitors on behalf of Black Horse finance. The issue I have is that the finance was from 2004 and shortly after I fell into financial difficulty, lost my job and the car was repossessed. I have moved several times since and I was in contact with a charity called shelter who did everything they could to find out who owned the debt as it had been sold several times but with no luck.

So as far as I'm aware the debt is statute barred and a CCJ was still issued. The CCJ was issued against a address I have not lived at for about 8 years.
The debt is not on the Clearscore or Noodle report. I want to challenge this CCJ without acknowledging the debt as I'm not in a position to do anything about it now.

Sorry again for the long essay but trying to explain as much as possible.
Any help would be greatly appreciated.
Thanks.

[Diana M]

Re: CCJ issue.

That wasn't a long essay. It's helpful to know as much background as possible

When was the Default Judgment (CCJ) ?

If they've served the claim on an address where you weren't living then you may be able to make an Application to set it aside. Are you on the electoral roll at your current address assuming this CCJ wasn't years ago?

Why did Shelter get involved because they tend to deal with housing issues?

Di

[Weazal]

Re: CCJ issue.

Thanks for the reply.
I have been at my current address for 4 years and been on the electoral roll the whole time.
The CCJ was issued on 13/1/17 so very recently.
Shelter got involved as at the time help was needed with accommodation as landlord was rubbish and the debts came up and they said they could assist. Which they did.
How do I go about trying to set aside the CCJ?
Thanks again.

[Diana M]

Re: CCJ issue.

I have been at my current address for 4 years and been on the electoral roll the whole time.
The CCJ was issued on 13/1/17 so very recently.

. . . . How do I go about trying to set aside the CCJ?

That's all good.

You have been on the Electoral Roll for four years so visible on CRA files if the Claimant had bothered to look and check. Or maybe they did but decided to issue and serve the claim at an address where you definitely weren't living (I'm a cyncic )

Who is the Claimant? Is it Cabot not Blackhorse Finance which you mentioned in your earlier essay?

How much is the CCJ?

What makes you think the debt may be Statute Barred? When was your last payment? I'm not disbelieving you, but you want the court to believe you so it makes sense to do some research to be certain of the facts.

The first thing you need is the claim reference number which you can get from searching the Trust Online website checking the address where the CCJ is registered. There is a small charge for the information.

Here's the link > https://www.trustonline.org.uk/search-yourself

Then you need to contact NCCBC (assuming this was a MCOL claim) and ask them for a copy of the Default Judgment (CCJ) and the Claim Form which will be available as "Case Details" on their database. There is no charge for the information.

For a general idea of how an Application to set-aside a CCJ works read this thread which was in court today. It's not normally that hair-raising if you plan ahead > http://legalbeagles.info/forums/show...359#post711359

There'll be a few more questions coming your way when you've answered my earlier ones.

Di

[Weazal]

Re: CCJ issue.

Yeah I don't understand why it has been put against an address I have not lived at for about 8 years.

I have already checked on the trust online website and all that says is that it was issued buy the county court business center. I had to phone the court to find out that it is from Mortimer Clarke on behalf of Black Horse.

I believe it is statute barred because there has been no correspondence from them to me or payments made for at least 8 years.

Could you clarify what NCCBC and MCOL mean please.

Thanks.

- - - Updated - - -

Sorry forgot the amount is for £10k

[Diana M]

Re: CCJ issue.

I believe it is statute barred because there has been no correspondence from them to me or payments made for at least 8 years.

Could you clarify what NCCBC and MCOL mean please.

Sorry forgot the amount is for £10k

Sorry, how rude of me not to put the whole reference.

NCCBC = Northampton County Court Business Centre (the 'court' you rang to get information).

MCOL = Money Claim Online which is an internet based 'court' where claims can be launched which is different from personal service.

Was the claim over or under £10k ? No need to be specific but it may make a difference when it comes to allocating it to either the Small Claims of Fast Track (which manages claims in a different way according to the £10k limit) following a successful Application to set aside the CCJ.

If you are on certain benefits or low wage you may be entitled to fee remission when you make your application.

Di

[Weazal]

Re: CCJ issue.

Not rude at all. Thanks for the clarification.

£10,457 is the amount on the CCJ.

Was I correct in assuming it is statute barred?

Benefits that are received in my household between myself and my wife are child tax credits and child benefit.

Thanks.

[Diana M]

Re: CCJ issue.

Was I correct in assuming it is statute barred?.

When was the loan terminated?

You say it started in 2004 so what would have been the expiry date (or loan term) if it had run it's full length?

When was the vehicle repossessed?

Di

[Weazal]

Re: CCJ issue.

The term was 5 years. And the car was repossessed around 11 years ago. Unfortunately I don't think I have any paper work to give exact dates.

[Diana M]

Re: CCJ issue.

The term was 5 years. And the car was repossessed around 11 years ago. Unfortunately I don't think I have any paper work to give exact dates.

In which case it may make sense to send a Subject Access Request to the original lender to get the full history of the loan/debt.

Di

[Weazal]

Re: CCJ issue.

OK thanks. How do I do that? Thank you so much for the help you have provided so far.

[Weazal]

Re: CCJ issue.

Also by doing this will this be me acknowledging the debt there for no longer making it statute barred?

[Amethyst]

Re: CCJ issue.

No, once a debt is statute barred that is it, you can't un-bar it.

If the loan started in 2004 and ran for 5 years it would have come to an end in 2009 - although your car was repossessed in 2006 - there can be an argument that time barring doesn't start until the end of the original agreement period. So you should be okay if the Judgment was 13/1/17 - the claim would have been brought probably beginning of December 2016 - so statute barred by at least a year when they brought the claim.

The only other issue could be whether Shelter did manage to contact anyone regarding the debt and made any payments at all in the interveening period.

You would need to apply to set aside the Judgment. It is a good idea to gather as much information as you can and a SAR is a good way of getting all the background information. However a SAR does allow them 40 days and if you have a forthwith judgment then there is the possibility of the claimants asking to enforce the judgment, so I'd get the SAR off for information and look at getting an application to set aside based on the information you do have. A set aside app needs to be made promptly. There is a bit of info on a set aside here http://legalbeagles.info/forums/show...lication-notes to have a think about.

[pt2537]

Re: CCJ issue.

Sounds as if the Claimant failed to carry out its due diligence and failed to make sure that the Claim was served on the correct address.

If this is the case then it may well be a mandatory set aside under Civil Procedure rule 13.2 because the time for filing your acknowledgement of service has not as yet expired as the Claim form has not been served.

You may be able to get the Judgment set aside by consent, especially if you can show the Claimants solicitors that you have not resided at the address they issued on for years, it may well also be beneficial to get disclosure too, as you could potentially agree with the Claimant a consent order which deals with the setting aside of judgment, disclosure of documents, and also time frames for filing your defence to the claim too.

Issuing on old addresses is not uncommon, see here for more info

https://consumercreditlitigationandd...new-was-wrong/

On the set aside front, perhaps it may be better to get a letter off to the Claimant sharpish, especially if it turns out you dont fall under CPR 13.2 as the alternative requires that you act promptly in making an application to set aside.

i do have a template letter which i use in the first instance, which may help you here.

Dear Sirs

Re Cabot v ABC
Claim number

I write with reference to the above matter, which i understand has a County Court Judgment entered on or around XX January 2017.

The address used by your client to issue the Claim is an address which i have not resided at for over 11 years. I have not in any way attempted to conceal my identity and have been registered on the electoral register throughout. Accordingly i do not believe that your client has complied with CPR rule 6.9(3) as your client could have ascertained my current address without any real difficulty.

Given that the claim was not served in accordance with the civil procedure rules, and given that the rules provide that the Court must set aside judgment under rule 13.2 in these circumstances, i wish to take this opportunity to offer your client the chance to agree to setting aside the judgment, reserving the Claim form together with all supporting documents, and agree a consent order setting out these terms together with an extension of time for me to file and serve my defence.

If your client refuses to consent then i shall make an application to the Court and shall exhibit a copy of this correspondence to the application notice.

I trust this will not be necessary and your client will consent to the above. If so, then i look forward to receiving your proposed consent order.

Yours sincerely

The above is a guide, and should only be used as such, it highlights the issues that you will need to address.

You need to move quickly here in my view, you cannot delay starting the process as to do so could leave you in difficulties.

If you need any help, holler, the peeps on here will all chip in and help out ,were all part of the LB community

[Weazal]

Re: CCJ issue.

Thanks all.
So this all looks like it's going to get complicated?
I'm not really sure the exact steps I should follow.
Can they enforce a CCJ if it was served to the wrong address?
Shelter had no correspondence back from them there for no payments were made.
So first thing is to do a SAR and see what information comes back?
Or do a SAR and the letter that pt2537 suggested?
Sorry if it seems like you have to break it down in idiot terms but unfortunately when it comes to things like this I haven't a clue.
Or is this easier for me to get help/someone else to do it? I don't know how this works.
Thanks.