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Like a few (lots?) on here I've fallen foul of a CMC that has acted without correct authority. As all the paperwork went to an address I have not lived in for ten years I could not reply and so it has gone to court and a CCJ applied. The company (Fast Track Reclaim) have rejected my complaint saying it was all fair, they keep referring to their T&C which is irrelevant as I didn't sign anything or give authority. (I think my ex-wife forged my signature). I've made a DSAR and the information from them contains no evidence that they tried to confirm my identity such as asking for proof of address or ID. I've escalated this to the Ombudsman. I have been in contact with their solicitors and made a DSAR but they have not responded, not even acknowledged it. Do I have the right to get copies of the court paperwork from them or do I have to apply elsewhere? I guessing if it's the latter that it will costs.
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If the court has issued a default judgment you need to apply to have it set aside on the basis of the claimant using the wrong address LegalBeagles
The Ombudsman won't look at the complaint if the issue is or already has been the subject of legal action. -
It's not just that they used the wrong address, I never contacted the CMC to start with. I am trying to get evidence that they never check my ID which I assume the CMC should.Comment
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You need to get the judgment set aside on the basis that they served the claim to the wrong address before you can then contest the claim.
Fast Track will probably say that you signed up to some 'free PPI check' on the internet (which subsequently morphed into a claim) using a digital signature.
The CMC doesn't have to check your ID but it does have to comply with distance selling regulations. It's similar to Allay Claims Allay LOSE in Court - LegalBeagles ForumComment
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I didn't click on anything. The Letter of Authority has a forged signature.Comment
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Yes I realise that, that's what you need to base your defence on. Once the judgment gets set aside it gets re-set to the point the claim is served and you can defend as normal. The set aside application will cost £255 but you may get that back if you can prove they used the wrong address.Comment
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They're solicitors say that they are going to apply for a Tomlin Order at their expense. Would this get the CCJ removed?Comment
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A Tomlin order has to be agreed first between the parties, so you would negotiate the terms with the solicitors.Comment
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The solicitors have today sent me this:
We reviewed the file following our telephone conversation and note that a Notice of Transfer was received from the Court. We have today contacted the Court and they have confirmed that an application has been received and the Claim has been transferred to XXXXX County Court to be listed for hearing. As an application has been made, a Tomlin order will no longer be required and the claimant will simply consent to the Application and discontinue the Claim upon receipt.
I'm not sure what this means, any help would be appreciated,Comment
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It's tough to advise as I'm still not clear if a default judgment has been entered or not . It sounds like it hasn't if the claim has been transferred (presumably to your local court) and I don't know who has made an application or what the application is.Comment
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There has been a default judgement as I had no knowledge of the debt. The CMC's solicitor have emailed me to say it's being transferred (to a local near my ex-wife, not me). They have said an application has been made either by me or my ex-wife. It's not me. I have asked them what they mean by 'an application', no reply yet. I guessing that she is making an application to dismiss the CCJ but as we've not spoken for ten years I don't know.Comment
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It sounds like you and your ex were joint defendants on the claim/judgment and she has applied to have it set aside. As the solicitor said the court may decide to list a hearing to consider the application.
This is complicated as I'm not sure that even if your ex gets the judgment set aside, how that would affect you. However the solicitor did say that they would consent to the application and discontinue the claim.
I take it you've asked the solicitors for all the paperwork relating to the claim? You should also contact the court and ask for it.Comment
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Thanks for the help. I'm made a SAR with the solicitor, no response. When I search for the records on the Trust Online website I get a message saying I need to call someone rather than the option to purchase the case report.Comment
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I've never heard of that before. Even if TO did have the judgment listed it would only give a date and amount.Originally posted by Ian H View Post
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