Repaying CCJ by DLS/Hillesden Secs

Tom1963

Hi

Currently have a CCJ registered against me by Hillesden Secs Ltd, they have also placed a charging order on my house. (Originally from Citibank CreditCard).

I am in a position to pay the money to Hillesden now but after reading some of the threads re: this mob I wonder if i am doing the right thing. Have also read somewhere that i might be able to have the Judgement set aside?

Obviously am keen to get CCJ satisfied and charge removed but bit worried about parting with nearly £6k.

Does anyone have any helpful suggestions please

Tom :idea:

DarkConvict

You can get the CCJ set aside, usually only if you knew nothing about it or another good reason for why it should be overturned - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

As to paying them, and there reputation. I have no idea.

Tom1963

Yes ta for that

10past6

Tom1963 wrote: »

Does anyone have any helpful suggestions please

How old is the CO?

At the time of receiving the court papers, did you "admit" the debt?

Tom1963

Thanks 10Past6

No admission made to anything I had never heard of this company. Charging order made appx 2 years ago.

DarkConvict

Sounds like you have grounds to set the CCJ/CO aside as you were never contacted then.

Tom1963

I was contacted by letter but no admission was made

DarkConvict

When were you contacted about it? Did you know about the CCJ/CO but choose not to return the paperwork?

Tom1963

The painful answer to that one is yes!

DarkConvict

You may struggle to get the CCJ setaside if you chose to ignore the paperwork, because they will be sure they had sent it to the correct address.
I assume you have sent the form back 10past6 helped with. Wait for a reply on that.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

I DID NOT GET THE COURT PAPERS
If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved). If you have given your creditors your new address then they should contact you there.

If they still send the papers to your old address then you may have good reason for the judgment to be set aside.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

you can prove you gave the creditor your new address;
the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
the post office returned the claim papers as they were not able to deliver them.

10past6

Tom1963 wrote: »

I was contacted by letter but no admission was made

You'll struggle to get the CCJ / CO set aside, failure to acknowledge the original court claim results in a CCJ by default.

If the claimant made a “Forthwith Judgement” this allows them to apply for an “Interim Charging Order” which is part way to a full CO, if the ICO is not challenged by the defendant (you) the claimant may request the ICO be made full, i.e "Charging Order awarded"

In your case, the court will claim, you had several opportunities along the way to “stop / question” any action the claimant was pursuing, as you failed to do so the “correct” steps by the court were applied, IMHO, you're better of saving your £75.00 set aside fee, however, as per my signature, and as I say to all other members, it's for you to decide on what action suites you best.


Any questions feel free to ask

Good luck