getting old ccj set aside , now have court date ??

beck25

Hello, Ive been lurking on the forum for a while now but i cannot find any information regarding this and would love some advice.

the short version is -

Earlier this year out of curiosity i wanted to see what my credit score was as i was looking at renting my first place using a letting agency .
Good job i did as i stumbled across a unpaid CCJ from '08 from a company called AMBER SELECT LTD for £300 !!
i have never herd of amber select or even received anything regarding paperwork from them let alone information that i owed them money!!
I tried contacting the company and done some researched but it seems they have been dissolved ,i have also contacted there solicitors and they have told me they haven't delt with this company since '09

so now i have sent of a N244 as i am 99.99% sure i don't owe them a penny .

Now i have had a letter back saying that i will receive a letter confirming a date and time to go to court (it also has been transferred to a local court)

Now my question is :
What do i do when i get to court? what should i expect ???
many thanks

happy_bunny_2

These guys used to finance car insurance. I used them many years ago.

beck25

oh ok, well even so ive never defaulted on any monthly payments !!

but what i really need to know is what happens next i.e when i get to court

happy_bunny_2

If you don't believe you owe it then stating so on the form is the right thing to do.

Sometimes these things happen as a result of accidents, e.g. Another persons insurance company.

Good luck with the court stuff, sorry no expert on that bit.

ValHaller

beck25 wrote: »

oh ok, well even so ive never defaulted on any monthly payments !!

but what i really need to know is what happens next i.e when i get to court

What arguments did you make on your set aside application?

Has the other side opposed your application?

beck25

It just says
To both parties, this application has been moved to (my local county court) to be delt with regarding the application to get the ccj set aside.
We will contact both parties regarding date and time in due course

This isnt word for word

ValHaller

So did you just say you want a setaside or did you say why as well?

beck25

ValHaller wrote: »

So did you just say you want a setaside or did you say why as well?

Yes I stated that I have never received any contact from amber select or from there solicitors regarding any outstanding debt or the fact I was even being taken to court back in 08 and that I was only awere I had a country court judgment earlier this year when I did a self credit check .
So I stated that I want the ccj put to satisfied due to not being aware of the debt or being contacted regarding the debt .
(I did find a template online so sounds far better than what im saying now)


I also have stated that since finding out about my ccj I have attempted to contact the company but with no success .

ValHaller

OK, you set your sights rather low in asking for the CCJ to be recorded as satisfied. This effectively means that the CCJ is still on your credit record, although it is shown as paid. A set aside means that the judgement is withdrawn - but allows the complainant to start from scratch. In fact, I don't think the court has the power to order the CCJ to be recorded as satisfied.

You need to argue that you believe you have never had dealings with them and therefore no duty to keep them appraised of your address, that papers were not served on you at your address at the time of the CCJ and that had papers been served, you would have defended vigourously.

This is roughly what should have gone in your set aside application. As you are not using a solicitor, you may find the judge cuts you a little slack, but perhaps someone with more experience of court will say whether it would be a good idea to phone the court and ask if you can clarify your application.

You need to google and find out what has happened to this company for certain - probably in part the reason for the court not fixing a date but saying that both parties will be contacted.

The site http://www.consumeractiongroup.co.uk/forum/index.php has I think more experience on courts than this forum. My guess is in the event, there will be no hearing as the company has probably been dissolved so no one will oppose your application. - Although if anyone bought their debts, they would have the right to appear in court and oppose - which would probably be more trouble than it is worth.