Moorcroft CCJ

develash84

Hi all,

Just wondering if I could have a little bit of financial help.

I have a CCJ issued from MOORCROFT DEBT RECOVERY showing on my credit reports, it was issued on behalf of O2.

Now I am in talks with O2 to pay the debt back to them only, and I have sent the same e-mail to MOORCROFT stating this.

O2 are the only people getting back to me on this matter so far.

What I would like to happen is:

O2 - Accept my offer of debt repayment,and remove their DEFAULT

Moorcroft - To remove their CCJ issued against me, and I pay them the costs of what it cost them in the court to get a CCJ.

Court- To set aside the CCJ.

Basically I do not want to pay for the DEBT twice over.

Help would be great.

Pete

10past6

Moorcrap CANNOT issue a CCJ, only a court has the power to issue a CCJ, where have you got this from that Moorcrap have issued a CCJ?

DarkConvict

Is a CCJ on your credit report?

A CCJ would be issued when you have lost a claim in court against Moorcroft.

If they are claiming they cannot issue a CCJ withotu a court, read

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Page 4.

develash84

Yes a CCJ is listed on my credit reports, but only with EQUIFAX and CALLCREDIT.

Moorcroft did go to court to get a CCJ issued against me, (should have made that clearer, sorry) I think I got papers served and I MAY have signed them accepting the debt, but didnt hear anything more about it because I moved.

Is there anything I can do?

10past6

If you acknowledged the court papers, you don't have many options open to you, other than to apply to have the CCJ set aside, that involves a fee, and a good enough reason why the CCJ was issued in error.

If the debt was in dispute prior to the CCJ being issued, that's a good enough reason to apply for a set aside.

develash84

I am not disputing the debt as it is entirely my fault I got the debt in the first place.

What I dont want to do is pay for the debt twice. e.g. pay O2 and then have to pay moorcroft the same debt plus ccj costs.

So could I get the ccj set aside if I was to get O2 to agree that I pay them the debt directly.

develash84

I mean I am in talks with O2 to pay them back the debt directly, so could I get them to side with me in getting the ccj set aside in court if they agree.

10past6

develash84 wrote: »

So could I get the ccj set aside if I was to get O2 to agree that I pay them the debt directly.

You can only get the CCJ set aside if it was issued in error, if O2 agree to remove the CCJ, that's another process which O2 will have to deal with, whether you pay the debt and to whom is neither here nor there as far as the CCJ is concerned.

What you have to prove to a court is O2 / Moorcrap obtained the CCJ in error, for example, you'd moved address and although you informed them, they sent court papers to the wrong address.

develash84

So, basically if i got o2 to side with me in getting the moorcroft ccj set aside in court I would have better chance.

I never received a DEFAULT NOTICE from O2, the debt just got passed onto MOORCROFT who notified me they were collecting but O2 never told me. So could I use that as evidence in my set aside ccj?

Here is exactly what O2 told me in a e-mail the other day:

I'm sorry if you didn't receive the default notice. We do send letters or emails about the outstanding balance on your account. However, I'm unable to confirm if a letter or an email was sent to you. You'd the option of viewing your bills and balance online.

10past6

a) did you acknowledge the court papers?

b) on the court papers, you had the option to dispute / deny / admit the debt, which option did you choose?

develash84

Yes I acknowledge the court papers and signed them I believe.

I admitted the debt.

I have no copies of the court papers though, is there any way I can get a copy?