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  • can any one help

    A brief history

    I discovered in August this year when applying for a job there was a CCJ against me. Upon investigation it was dated 3 years ago and registered against an address I have never lived at.

    I applied for an N244 and the next thing I recieved a letter from the creditor to state I owed another £120 for a default amount, I rang them and it seemed I did not appear at the hearing. Upon investigation even though the service address was my home the notice was sent to an address I once lived at.

    I emailed the court and their advice was to apply for another N244.

    I did and the oppposition tried to persuade the judge/magistrate that in the 1st hearing as I did not appear, the original judge/magistrate ordered that there were insufficient grounds to set aside the judgement and I could not apply for an N244 on the same basis.

    In the hearing I stated I did not recieve the original summons, the opposition then produced a letter they claim to have sent to me at an address I did live at as per the date of this letter advising me that they have placed a charging order on my property. The judge/magistrate stated that would have been my opportunity to challenge and as I did not the judgement stands. I never recieved this letter but could not deny I lived at the address at the time.

    My question is this, I do not recognise this debt, what are my options now. I need to have this set aside so I can find out what this relates to.

  • #2
    Re: can any one help

    Hi BB,
    Welcome to AAD!
    So sorry to read of your problems.
    Others will be along to help too, but in the meantime, did you ask the Court for a copy of the original summons, and if so what were the particulars of claim - these should have identified the debt.
    Who is the original creditor?
    As the court seems reluctant to set this aside due to non receipt, looks as if you'll need to dig further to establish exactly what, and whose debt this is, to provide stronger grounds to set aside the CCJ (and in consequence, the Charging Order)

    I would send a Subject Access Request to the original creditor, see what that throws up. If the claimant is NOT the original creditor, then I would send them a SAR too.
    The statutory fee is £10 (postal order), send by Recorded Delivery. They have 40 days from receipt to comply.

    Just my opinion...see what others say too

    kind regards,
    Shepherdess

    Comment


    • #3
      Re: can any one help

      No I did not ask to see the original summons, that is something I have never seen, am I allowed to ask for this? What I am after is the original Credit Agreement because that will prove I am not the debtor in this

      Comment


      • #4
        Re: can any one help

        Yes you can ask the court for a copy of the original summons...it's where you start to unravel this as it will (should) state details of the debt.

        Comment


        • #5
          Re: can any one help

          ok that is really helpful, do I go to the original court or the court where it got transferred to. Do I do it by letter

          Comment


          • #6
            Re: can any one help

            Ring the court who issued the judgement (your local court) , give them the reference details and ask if they can supply a copy of the N1 form (claim form) they'll tell you how to obtain it.

            Comment


            • #7
              Re: can any one help

              ok will do that first thing on monday

              Comment


              • #8
                Re: can any one help

                Let us know how you get on...

                Comment


                • #9
                  Re: can any one help

                  Thanks Shep, good info given here

                  Chances are the CCJ was issued via Northampton bulk centre - bear that in mind, always worth trying there first
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: can any one help

                    Do I get my Blue Peter Badge?

                    Comment


                    • #11
                      Re: can any one help

                      Rung court today N1 is on its way to me, what should I expect to see in the N1

                      Comment


                      • #12
                        Re: can any one help

                        Details of the claim against you. When it comes let us know.

                        Did they charge you for a copy and if so how much? Thanks
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: can any one help

                          They charged me £5 for the honour

                          Comment


                          • #14
                            Re: can any one help

                            Originally posted by BB1956 View Post
                            They charged me £5 for the honour
                            cheers, not that much then lol..... was it a new claim or quite old? I am trying to get info as it'll help others you see.

                            I was led to believe the courts only sent them if they were less than a year old, is this nonsense?

                            Thanks again
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #15
                              Re: can any one help

                              The claim dates to 2008 I did not know of its existence till August 2011

                              Comment

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