CCJ by bwlegal

PeteDev

Following advice on this forum I have applied for a CCJ to be set aside.

In brief the paperwork was knowingly sent to the wrong address by bwlegal (my last address, even though they knew where I currently lived), the debt would be statute barred as I have had no contact with the original lender for over 6 years (if the debt existed at all) and they have provided me with no proof of address.

I have no paperwork from Lowells at all, any letters they sent in 2013 / early 2014 I thought was a scam attempt and just dumped them in the bin.

I have acknowledgement from the courts, but no date set as yet.

How can I prove something to the judge that I have no record of, or no paperwork ?

macman

You presumably need proof of your correct address at the time the paperwork was sent, and a copy of the paperwork showing the wrong address?
For the former, something like a tenancy agreement covering the date in question?

stevemLS

You would also need to show that you had informed them of your new address.

Otherwise, service on last known address is good service.

Tixy

The letters they sent you and you binned in early 2014 were these to your new address?

If they got not response at all at that address then they wouldn't necessarily be able to confirm that was your correct address.

Unless you specifically had informed them of your new address and are able to convince the court of this then they would issue court proceedings to the last known definite address.

PeteDev

macman wrote: »

You presumably need proof of your correct address at the time the paperwork was sent, and a copy of the paperwork showing the wrong address?
For the former, something like a tenancy agreement covering the date in question?

I can provide a tenancy agreement, that is easy.

I never received any paperwork, if I had i would have defended it.

I know for a fact that the property they claim to have sent the paperwork to was empty at the time and there was no letterbox, this was an outside box which we erected when we lived there, we removed it when we left.

PeteDev

Tixy wrote: »

The letters they sent you and you binned in early 2014 were these to your new address?

If they got not response at all at that address then they wouldn't necessarily be able to confirm that was your correct address.

Unless you specifically had informed them of your new address and are able to convince the court of this then they would issue court proceedings to the last known definite address.

No I never confirmed my address to them, nor the address before then.

The last confirmed address we moved from in 2006, my argument is that that should have been the address the papers were served at.

PeteDev

They did however contact me by telephone numerous times, always asking me to identify myself. My number was listed in the phone book, alongside my name and address.

Tixy

I guess you will need to take along a copy of anything that you feel may help your case, and the court will make a judgement based on that.

I personally doubt the phone book entry will be considered relevant by the court or that they would consider it proof that bwlegal knowingly sent court paperwork to the wrong address.

PeteDev

Tixy wrote: »

I guess you will need to take along a copy of anything that you feel may help your case, and the court will make a judgement based on that.

I personally doubt the phone book entry will be considered relevant by the court or that they would consider it proof that bwlegal knowingly sent court paperwork to the wrong address.

I hope you're wrong, I am also on the electoral roll for this house, but never for the last, will this help ?.

Given that any letters would have been undeliverable, eg nowhere to post them and the house obviously empty, how can the papers deemed to have been served ?

I do have photographs of the house taken years ago, that clearly show the letterbox is actually a steel box attached to the outside wall boundary, will they help (I still have the letterbox itself, we removed it when we moved).

Lensman_2

There are two aspects to a successful set aside. In your case:
1. Poor service. You need to prove the claim letter went to another address. That is all.
2. A “real prospect of successfully defending the claim”. You need to find out how to defend a claim for a debt that is statute barred.

It is simple but your set aside will not succeed without these two dimensions.