Link Financial CCJ at previous address

[dadmeister]

Happy New Year!

Hi all, been a while since I needed your help....alas

I signed up with Noddle as I thought a free look at my credit report couldn't hurt. I'm glad I did as I see that Link Financial have obtained a CCJ against me in 2012, but at the address I last lived at in 1987.

My mother lived there until 2010 until she passed away, so I fail to see how this can have happened as I've never heard of Link Financial and obviously was not aware of the CCJ.

I only found out it was Link Financial by ringing Northampton Court with the CCJ number. They said I can apply to have it stricken out but that it's costly and there is no guarantee of winning.

Since ringing the court I've suddenly had a letter from Link asking for payment of said CCJ at my current address.

So, some advice would be greatly appreciated.

[PlanB]

Re: Link Financial CCJ at previous address

That's not a great start to the New Year for you

Have you any idea what the debt was, and whether if you'd known about the claim you might have had a good chance of defending it such as a credit card or loan which started before April 2007 which could have been UE?

You also need to know the original creditor since there may be a chance it was SB before the claim was issued.

It's not up to the court to decide whether it's cost effective to try to get the judgment set-aside because they don't know your personal circumstances or whether any enforcement action Link decide to pursue would be unwelcome by you.

How much is the CCJ?

Plan B x

[dadmeister]

Re: Link Financial CCJ at previous address

That's not a great start to the New Year for you

Have you any idea what the debt was, and whether if you'd known about the claim you might have had a good chance of defending it such as a credit card or loan which started before April 2007 which could have been UE?

You also need to know the original creditor since there may be a chance it was SB before the claim was issued.

It's not up to the court to decide whether it's cost effective to try to get the judgment set-aside because they don't know your personal circumstances or whether any enforcement action Link decide to pursue would be unwelcome by you.

How much is the CCJ?

Plan B x

Thanks for replying

I have no idea what the debt was, it's for just over £1100.

I assume I'll need to contact Link, but what's the best way to proceed (template letter wise)?

Any help greatly appreciated.

DM x

[PlanB]

Re: Link Financial CCJ at previous address

Can you not get a copy of the original summons and the judgment (CCJ Order) from the court first which should identify the debt in the POC? There may be a £10 charge for this.

It could even be a case of mistaken identity and Link would be willing to consent to a set-aside.

Plan B x

[dadmeister]

Re: Link Financial CCJ at previous address

I'll look into getting a copy from the court as a first thing to do then.

Many thanks

DM x

[PlanB]

Re: Link Financial CCJ at previous address

I'll look into getting a copy from the court as a first thing to do then.

I'd also get a copy of the CCJ at the same time.

I see no harm in replying to Link's recent letter denying all knowledge of the debt/CCJ in the meantime. Send a simple one-liner which basically says "I have absolutely no idea what you're talking about".

See what they say in response.

Plan B x

[dadmeister]

Re: Link Financial CCJ at previous address

I've just joined AAD+

Can someone point me out which template to use for the court request and/ or Link please?

DM

[Undercover Elsa]

Re: Link Financial CCJ at previous address

Hi Dadmeister,
The letter from Link is probably more to do with you registering with Noddle than ringing the court, as they will have updated your address.
I don't use it so I'm not sure how much CCJ info they include, to get a copy of the CCJ you need to know the court which issued it and the case number. Assuming Noddle don't provide this, you can search yourself on Trust Online: http://www.trustonline.org.uk/ (There's a £4 fee).

When you have those details just ring the court concerned and say you need a copy of the CCJ, quoting the details. They'll tell you what you need to do and how much it costs.

For link, as PlanB says, just a brief response saying you have absolutely no knowledge of this debt is all that's required at this stage.

Elsa x

[panther12]

Re: Link Financial CCJ at previous address

As PlanB says I would request the info from Link to find out who the original creditor is and what the debt relates to. See what others think first but I think I would also mention in the letter that you are concerned to recently discover that a CCJ was registered against you in 2012 without your knowledge at an address you have not lived at since 1987 and have no knowledge of any outstanding debt therefore require the information as to how this has come about leading to Judgment against you at an address not lived at for 25 years prior to the registering of the CCJ in 2012.

[Undercover Elsa]

Re: Link Financial CCJ at previous address

TBH I wouldn't give Link any information at this point about living there in the past. I'd just say I'd no knowledge of it and get a copy of the CCJ from the court while Link bumble off trying to get proof.
If you'd prefer to use a template for Link, you could use the "you know nothing of the debt/prove it" one here: http://forums.all-about-debt.co.uk/s...ment-Templates

Once you know the facts you can tackle them, be it a debt you'd forgotten about (which may well have been Statute Barred by the time they got the CCJ, judging by the dates), mistaken identity or some opportunist who used your details for identity theft (who moved into the house between 2010 and 2012?)

Just my opinion

[PlanB]

Re: Link Financial CCJ at previous address

I'd also get a copy of the CCJ at the same time.

I see no harm in replying to Link's recent letter denying all knowledge of the debt/CCJ in the meantime. Send a simple one-liner which basically says "I have absolutely no idea what you're talking about".

See what they say in response.

What happened next with Link?

Did you get a copy of the Judgment and a copy of the case details of the original claim from the court?

If you've got a chance of a set-aside it would be good to get on with it.

We've had some success with CCJ set-asides recently

Plan B x

[dadmeister]

Re: Link Financial CCJ at previous address

Oops had plain forgotten to do this. Will send the letter asap

[panther12]

Re: Link Financial CCJ at previous address

If you've got a chance of a set-aside it would be good to get on with it.

Totally agree. The court has a discretion to set the order aside. One of the most important factors they consider when exercising their decision is whether the application has been made promptly. You're also at risk the claimant could start enforcement action if you ignore it.

[dadmeister]

Re: Link Financial CCJ at previous address

I've sent letters to Link and the court to get the show on the road.

Thanks again for the reminder.

[panther12]

Re: Link Financial CCJ at previous address

The court fees have now gone up from £155 to £255 for set aside applications - and from £50 to £100 for applications without notice or by consent. That's outrageous!