Following on from the ID Fraud..... Charging Order

skylined_gtr · 26 September 2009 at 10:31AM

Hi All!

Where did 10past6 go?! You are all great here but he was a real help.... I can't seem to find him on here anywhere! I could really do with some help from anyone who might be able to advise on how I can overturn a charging order issued by a court please.

Refresher:
I discovered I was the victim of either ID fraud or mistaken ID. I personally think it was the former, ID fraud because there was a deliberate attempt to ensure none of the correspondance for any of the accounts got to me. It was only by pure luck that some of the debt collection letters started to get through to me that I found out! The full details of what happened are in the thread below (just in case anyone wants to know what happened)..

Urgent help needed please - MoneySavingExpert.com Forums

The Problem:
During the time of my ignorance towards this issue, my morgaged property was issued with a charging order for the sum of £1892 due to a Barclaycard debt (which I'll remind you has nothing to do with me!).

I am now trying to complete a form N244 to overturn the court order... can someone help me through as I am not sure if I have to input different details due to the unique nature of the problem (I.e it's not me disputing the amount as such - I am plain saying I have nothing to do with the debt!)

Here's what the form contains:

What Order are you asking the court to make and why?
So I'm thinking that I should be asking for the charging order to be overturned? But I'm not sure how I should word that.

How do you want to have this hearing dealt with?
Well I can only see 2 boxes that I can tick here as I have now emigrated to Canada! So should I ask for a telephone hearing or for it to be dealt with without a hearing? My preference is without but I'd welcome advice!

What level of judge does your hearing need?
No sure on this one....

Who should be served with this application?
I'm guessing the claimants solicitor should be served or do I have to serve the claimant too?

What information will you be relying on, in support of your application? Attached witness statement, Statement of case or evidence set out in the box below?
One thing I did do was a Subject Access Request (Subject Access Request) from Barclaycard, they could not provide me with a signed copy of my credit agreement (I believe that's what the Subject Access Request is supposed to provide, right?) They sent lots of details of the account to me which shows an address in Manchester which is nothing to do with me! Any ideas on what sort of thing should go here?

I really, really appreciate your help in advance and am happy to answer any questions you need answers to

dancingfairy · 26 September 2009 at 11:49AM

Hi. Have you sent 10past6 a pm? Go onto your old thread and click on 10past6's name and you should have an option to send this user a pm and you can send him/her a little message. Hopefully they will be able to help you.
As a complete novice I would probably go for something along the lines of I wish to get the judgement overturned as I am the victim of identity fraud - no doubt someone more expert can give you the official wording.

I know there are different levels of judges - district judges and circuit judges (circuit judges are higher up) but not sure how you know really which you need?

um, sorry I can't be of more help to you but hopefully someone with a bit more knowledge will see this for you.
Best of Luck
df

RAS · 26 September 2009 at 2:38PM

Hi

10past6 has not been around recently because of other commitment by did send me a pm to say that if s/he was needed, then to pm and s/he would respond to the e-mail notification.

So please do try that first.

I would also advise having a chat to National debt line as they may well hknwo the answeres.

GeorgeUK · 26 September 2009 at 9:43PM

It might be worth having a look at the consumeractiongroup forum too incase 10past6 doesn't reply for a while. There should be details in their legal section that will help and you could post a thread there with the specifics.

skylined_gtr · 28 September 2009 at 10:30AM

Hi and thanks to everyone for the responses so far.....

I have tried to PM 10past6 but not had any response, hope he/she is ok.

Have also taken the advice to post on the Consumer Action Group but not had any responses there either :-( I wonder if it's because this one's an unusual case? I have read the legal guides on there but could not see one that relates to ID fraud and what to do.

The thing I'm getting stuck with is knowing what I am asking for.... am I asking for the Charging Order to be set aside or am I asking for it to be thrown out - for all I know 'Set aside' and 'Thrown out' could be the same thing in my limited knowledge!

I am more concerened about getting my wording right, as I understand it saying the wrong thing on the form could mean them not even entertaining my case. I could also be wrong about that though!

Any more help advice is really appreciated

skylined_gtr · 29 September 2009 at 8:29AM

*Bump* Really hoping someone will see this who can help me, am I posted in the right section? Maybe I'm in the wrong part of the forum!

GeorgeUK · 29 September 2009 at 9:27AM

Can you edit your CAG post and change the title to ID fraud and Charging order?
Just to allow people to see what the problem is before they read the post - other wise it may not get read.
http://www.consumeractiongroup.co.uk/forum/legal-issues/222163-overturning-charging-order.html

Unfortunately, i know that the CAG is quite slow in responding sometimes and this forum doesn't have a 'legal' section.

From what i could find, it looks like a CO should only be granted if there was a money judgement against the debtor, so is there a CCJ against this debt?

Do you have any documentation between you and the bank stating that there was fraud involved? Or was this all done over the phone?

oluenxypvk3573 · 29 September 2009 at 9:38AM

Can you edit your CAG post and change the title to ID fraud and Charging order?

skylined_gtr · 29 September 2009 at 11:19AM

Hi again GeorgeUK! Thanks for revisiting the thread and helping me out :-)

Yes - I'm assuming there was a CCJ issued prior to the CO being issued but I don't have that paper work, I'm guessing the fraudster would have got that as looking at the timing I think it would have been just before all the DCA letters and new court orders started coming through.

When I sent in the SAR's to all the companies concerened, I wrote quite clearly in the letter that I believe I have been the victim of ID fraud. I found no reference to that statement from any of the companies in their replies apart from one (see 2. below). The police are staying well clear due to it being the onus of the bank to report the fraud. The only proof I have that this is fraud at the moment is the following:

1. No signed credit agreements have been provided with the SAR's I sent to all companies concerned.
2. One company is unable to provide me with any information requested under the SAR as I am denying I am 'that' person.
3. My credit history has numerous linked names and addresses that are nothing to do with me.
4. I have 4 accounts on my credit history which have been operated impeccably, why would I be careful with these and allow the rest to default?

That's all the evidence I can come up with - I hope it's enough!

I can't see where to edit the title of the post on CAG guys? Help!

GeorgeUK · 29 September 2009 at 11:54AM

Edit first post, the click on advanced - you shoudl be able to edit the title them.

You've had a few replies and it seems you need to get the CCJ set aside. Looks like that may be worth mentioning in the title too as this is what you require assistance with.

I would try to make it clear that you believe your mail has been getting intercepted and that you had not recieved any claims - then highlight what you have done since finding out to rectify the situation.

skylined_gtr · 29 September 2009 at 12:44PM

That's great GeorgeUK thanks - I think I am so stressed with this I am unable to see the wood for the trees!

I have edited the post and re-titled it, let me know if you think it reads ok:

"Hi All!

I could really do with some help... I discovered I was the victim of either ID fraud or mistaken ID. I personally think it was the former, ID fraud because there was a deliberate attempt to ensure none of the correspondance for any of the accounts got to me. It was only by pure luck that some of the debt collection letters started to get through to me that I found out! The full details of what happened are in the thread below (just in case anyone wants to know what happened)..

Urgent help needed please - MoneySavingExpert.com Forums

Since then, I have sent SAR's to all the companies claiming I owe them money. I want to find out how the account was opened, what ID was used to open it, who signed for it, etc. They have all responded but I have got a variety of different responses! In any case the one this particular CCJ/CO is relating to was a Barclaycard debt. They sent me a printout of all the information they had on their systems but no signed credit agreement was provided. I did mention, very clearly to all the companies that I believed I was the victim of ID fraud, this seems to have been ignored by them all."

Following on from the ID Fraud..... Charging Order

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