can any one help

[oscar]

Re: can any one help

I am aware of this the crux is obtaining a copy of the credit agreement ......... I do not know what this debt is

If the debt is not yours, you wont be able to obtain a copy of the credit agreement as the account is not yours.

It would be like me writing to YOUR bank and asking for the details of YOUR account.

A major breach of DPA.

[BB1956]

Re: can any one help

Any help is greatly appreciated

[Paul.]

Re: 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.

Hi

I have to be honest and say i think you may be subject of estoppal here, as you have applied to set aside and that was heard and you failed to attend. The Claimant may have attended, i do not know, but if they did then there would be real force in a submission that any second application is otherwise in accordance with the overriding objective (CPR rule 1 ) and has already prejudiced the Claimant by putting them to costs unreasonably.

You would need absolute proof of the fact you are not the debtor and then you would need to write to the Claimant and make out your case for setting aside the judgment. It may be that they would consent to setting aside judgment and may be prepared to sign a consent order but as i said you need unequivocal proof, just saying i never lived there is not enough, as they may have simply got the address wrong but the legal liability is still yours for the debt

i think that the best way forward would be to avoid applying until you have all the facts and evidence you need so that you can make the application properly.

If you fudge this again i must warn you that the Claimant can ask the Court to restrain you from further applications

[BB1956]

Re: can any one help

Hi Paul. Thanks for this the reason I did not attend was that when I submitted the first n244 eventhough the service address was clearly shown the court sent it to an address that was different the claimant attended I did not as I was not aware the hearing was taking place. As for proof the debt is not mine the first I heard of it was August this year the summons was sent to an address I have never lived at and the name style is not one I use. Judgement was entered in default how do I prove it's not me I do not have a clue what this is and is having an effect on my employment

[Never-In-Doubt]

Re: can any one help

Is it worthwhile for me to do a CCA request?

You cannot do a CCA Request (s.78) after judgment so no, that is not an option. However I suggest you speak to paul, I will PM you as I know he is dealing with an almost identical issue for someone. Basically the creditor got judgment (CCJ) by sending claim to incorrect address when they knew the debtor wasn't living there, then they got a CO and it's at this point Paul is involved, he is going to see if he can get this CO set-aside so it's fresh in his head but I dunno if he'll want two cases, however always best to chat to him and see for yourself.