Discovered an old CCJ (Feb 2015) - Hoist Portfolio Holdings 2 limited

[FlyingHigh]

Hello everyone.

New to the forum, was getting a little swamped on-line. So apologies if I am asking something completely obvious, or if this is in the wrong place.

I have been living and working outside the UK (in the Middle East) for the last 10 years. Currently, my wife and I are looking at obtaining an expat mortgage. We opened a UK HSBC bank account in September 2018 (linked to my account in the Middle East) ready for the direct debit mortgage repayments, and this had no issue. However, our mortgage provider has come back to us a couple of weeks ago to state that a CCJ is showing on my record, and asking for information. I had no idea, but have managed to find (via Equifax) this CCJ is from Hoist Portfolio Holdings 2 Ltd, for an amount of approx. GBP 7200 and was raised in February 2015! I have no idea what this CCJ is, and so I contacted the court who told me it also mentioned Santander Cards on the particulars of claim. Howard Cohen is apparently also mentioned on the paperwork (possibly a solicitor?). I am suspicious, as living outside the UK for the last 10 years, I have not had a UK credit card or bank account etc.

We had no residential address in the UK, but was using my wife's old family home for any old post. However, I have never received any notification of this CCJ, any notice of assignment, etc. in the last 10 years. I can also state categorically I never had a Santander card! I should add, the CCJ does not include my date of birth or my middle name. Although the first and last names match. There is a possibility that my identity was used after I left the UK, but that is just my suspicion at the moment.

The court advised me to raise a notice of disassociation with Equifax. I did this yesterday, but Equifax got in touch today and said I need to contact the Plaintiff to confirm identify details.

Performing a quick Internet search (Hoist Portfolio / Howard Cohen / Santander) showed some forum pages from this site. So - this is why I am here now!

So I am humbly asking for your advice and assistance.

My plan of approach is to:

Contact Hoist Holdings (apparently they are based in Jersey?) to ask them to provide

1. confirmation of who the CCJ was claimed against (full name, DoB etc)
2. copy of debt reassignment letter from Santander
3. copy of the original (signed) credit agreement

I believe this will show this CCJ was not for me. Does that seem logical and reasonable? Or is this too late now?

Please be advised that all of this is complicated by the fact I live outside of the UK, so much of what I am able to do is limited to phone calls or emails.

Thanks in advance for any help or advice you can provide. Apologies if this is in the wrong forum.

Thanks!
FH.

[Joanna Connolly Solicitors]

I have been living and working outside the UK (in the Middle East) for the last 10 years.

. . . . our mortgage provider has come back to us a couple of weeks ago to state that a CCJ is showing on my record, and asking for information. I had no idea, but have managed to find (via Equifax) this CCJ is from Hoist Portfolio Holdings 2 Ltd, for an amount of approx. GBP 7200 and was raised in February 2015! I have no idea what this CCJ is, and so I contacted the court who told me it also mentioned Santander Cards on the particulars of claim. Howard Cohen is apparently also mentioned on the paperwork

We had no residential address in the UK, but was using my wife's old family home for any old post. However, I have never received any notification of this CCJ, any notice of assignment, etc. in the last 10 years. I can also state categorically I never had a Santander card!

The court advised me to raise a notice of disassociation with Equifax. I did this yesterday, but Equifax got in touch today and said I need to contact the Plaintiff to confirm identify details.

Please be advised that all of this is complicated by the fact I live outside of the UK

Hello

The fact you have been living outside the UK for the past 10 years doesn't complicate matters, in fact it may be the reason for you to get this CCJ (Default Judgment) set aside if you've got evidence of your absence such as passport stamps/Visa, evidence of overseas employer/contract etc.

We are currently dealing with a set aside for a CCJ from 2006 (not a typo) because the Defendant was working/living abroad at the time and had not received any documents.

Were you on the Electoral Roll at you wife's family address in the UK?

If the Claimant is/was Santander it could be that a debt/account you had was assigned to them while you were abroad.

It could be identity theft but that needs to be explored because just saying that's your suspicion won't be enough without evidence.

I can't think why NCCBC advised you to ask Equifax to add a Notice of Disassociation to your CRA file! How can you disassociate you from yourself.

You have a CCJ which needs to be addressed otherwise your chances of getting a mortgage remain slim, and the chances of the Judgment Creditor (Santander) seeking enforcement of the CCJ remain high.

Di

[FlyingHigh]

Diana,

Thanks a lot. Very useful. See my responses below.

The fact you have been living outside the UK for the past 10 years doesn't complicate matters, in fact it may be the reason for you to get this CCJ (Default Judgment) set aside if you've got evidence of your absence such as passport stamps/Visa, evidence of overseas employer/contract etc.

OK, that's good news. Yes, I've got stamped / dated visas, passports and signed contract from my employer.

Were you on the Electoral Roll at you wife's family address in the UK?

No, I was not. The last time I was on the Electrol Roll was back in 2008, at a different address.

It could be identity theft but that needs to be explored because just saying that's your suspicion won't be enough without evidence.

I can't think why NCCBC advised you to ask Equifax to add a Notice of Disassociation to your CRA file! How can you disassociate you from yourself.


Di

Looking back, I can only think NCCBC got a little confused when I spoke to them, and assumed I meant the CCJ was someone else in the household?

If I take the approach of trying to get the CCJ set aside, what does that actually mean? Obviously the debt is still outstanding (either mine, or someone claiming to be me).

Thanks so much for your reply!

Cheers,
FH.

[The Tech Clerk]

Suggest you you liaise with Diana Mayhew firm to set aside CCJ sure they will assist you, you can contact them ;- di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

[Joanna Connolly Solicitors]

Diana,

. . . . I've got stamped / dated visas, passports and signed contract from my employer.

. . . . No, I was not. The last time I was on the Electrol Roll was back in 2008, at a different address.

. . . . If I take the approach of trying to get the CCJ set aside, what does that actually mean? Obviously the debt is still outstanding (either mine, or someone claiming to be me).

It seems you have plenty of evidence that you weren't living at the address where the claim was issued and served.

Under CPR 13.2 it's mandatory (not discretionary) for the court to set aside the CCJ (Default Judgment) but they still have to be persuaded that the Claimant could or should have known you were not at the address where it was served > https://www.justice.gov.uk/courts/pr...es/part13#13.2

At the same time the court would consider whether you would have likely prospects of successfully defending the claim if you were given the opportunity.

A set-aside simply removes the CCJ and returns the proceedings to where they were before the CCJ. In other words there would be a live claim which you would have to defend.

If you've been out of the UK for ten years does this mean that you haven't made a payment to Santander (or the original creditor if it was assigned) since 2009 which could mean the debt (if it exists) was Statute Barred before the claim was issued in 2015 which could form part of your Defence?

Ask NCCBC to email you the Case Details which should include the Particulars of Claim where you will see what the Claimant (Santander) is claiming and why they think they have the right to claim it.

If you would like me to take a look at the paperwork you can email it to me di@joannaconnollysolicitors.co.uk

Di

[Joanna Connolly Solicitors]

I can also state categorically I never had a Santander card!

Did you ever have any dealings in the past with the Alliance & Leicester, or GE Capital which acquired numerous store card accounts?

Santander took over both (A & L and GE Money) so this debt may have originated elsewhere.

When you get the Particulars of Claim they should state the name of the business where the agreement was entered into, and the date etc. if this was not a Santander product at the outset.

Di

[Joanna Connolly Solicitors]

Suggest you you liaise with Diana Mayhew firm to set aside CCJ sure they will assist you, you can contact them ;- di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

Email would be best since the OP lives overseas.

Di

[FlyingHigh]

It seems you have plenty of evidence that you weren't living at the address where the claim was issued and served.

Under CPR 13.2 it's mandatory (not discretionary) for the court to set aside the CCJ (Default Judgment) but they still have to be persuaded that the Claimant could or should have known you were not at the address where it was served > https://www.justice.gov.uk/courts/pr...es/part13#13.2

At the same time the court would consider whether you would have likely prospects of successfully defending the claim if you were given the opportunity.

A set-aside simply removes the CCJ and returns the proceedings to where they were before the CCJ. In other words there would be a live claim which you would have to defend.

If you've been out of the UK for ten years does this mean that you haven't made a payment to Santander (or the original creditor if it was assigned) since 2009 which could mean the debt (if it exists) was Statute Barred before the claim was issued in 2015 which could form part of your Defence?

Ask NCCBC to email you the Case Details which should include the Particulars of Claim where you will see what the Claimant (Santander) is claiming and why they think they have the right to claim it.

If you would like me to take a look at the paperwork you can email it to me di@joannaconnollysolicitors.co.uk

Di

Very useful Di, thank you. I will obtain an email address for NCCBC (unless you have one?) and ask them to send me the Particulars of Claim. I'm pretty sure I have made no payments (to anyone) beyond 2009, I left the UK in July of that year.

Appreciate the background re the set-aside process. Clearly, if this debt is in my name I will ensure it is paid as soon as the set-aside is performed.

To answer your other question, I had no dealings with Alliance and Leicester or GE Capital.

[Joanna Connolly Solicitors]

if this debt is in my name I will ensure it is paid as soon as the set-aside is performed

I'm afraid it's not as simple as that.

Di

[The Tech Clerk]

I should slow down as Di states it is not that simple, there is procedures and nobody can predict a straight outcome, liaise with Di may I suggest and adhere to ideas given

[FlyingHigh]

I'm afraid it's not as simple as that.

Di

Things rarely are. Anyway, let us see what happens once the paperwork is received.

[Joanna Connolly Solicitors]

let us see what happens once the paperwork is received.

I agree

You may then need to revise your plan which you posted at the beginning of this thread >

So I am humbly asking for your advice and assistance.

My plan of approach is to:

Contact Hoist Holdings (apparently they are based in Jersey?) to ask them to provide

1. confirmation of who the CCJ was claimed against (full name, DoB etc)
2. copy of debt reassignment letter from Santander
3. copy of the original (signed) credit agreement

I believe this will show this CCJ was not for me. Does that seem logical and reasonable? Or is this too late now?

Di