CCJ and charging order?

Zoetoes

Hi

I've just had a phone call from GK Insolvency offering to help me re a recent CCJ, so I checked my credit file and sure enough one has gone on last month.

The bloke said about a charging order being out on the house which I've bought less than a year ago, he was offering help but I said I wanted to look into it all, including where he is calling from.

So what do I need to do now?

fatbelly

Zoetoes wrote: »

Hi

I've just had a phone call from GK Insolvency offering to help me re a recent CCJ, so I checked my credit file and sure enough one has gone on last month.

The bloke said about a charging order being out on the house which I've bought less than a year ago, he was offering help but I said I wanted to look into it all, including where he is calling from.

So what do I need to do now?

Ignore the joker for a start. He's from a company that trawls the judgement register in order to sell you something.

Find out from the court what debt this is and see if you have grounds for setaside

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

Post again when you have more details

chanz4

iva help etc

Zoetoes

fatbelly wrote: »

Ignore the joker for a start. He's from a company that trawls the judgement register in order to sell you something.

Find out from the court what debt this is and see if you have grounds for setaside

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

Post again when you have more details

Thanks for the replies.

I've contacted the court and got some info -

It's with Creation Financial Services, which I've googled and it's to do with store cards. It's from 2005. The court gave me the solicitor's details if I wanted to contact them - Brian Carter Solicitors.

An old bloke knocked at the house just before Christmas saying he was from a debt collection agency and that I owed money on a store card from 10 years ago, I told him I don't recall the debt and could he come back to me with some more information so that I can look into it, he didn't have any further info. I'm assuming this is what it is.

timbstoke

If it's a card from 10 years ago, your next step should probably be to apply for the judgment to be set aside, and then challenge the DCA to provide proof that the debt is not statute barred.

fatbelly

timbstoke wrote: »

If it's a card from 10 years ago, your next step should probably be to apply for the judgment to be set aside, and then challenge the DCA to provide proof that the debt is not statute barred.

Yes. You have a defence with a real prospect of success, and they presumably sent the claim papers to an address where they knew you were not living. You are also have to act promptly, so don't hang around now.

Bryan Carter seem to be getting a name for this sort of behaviour, judging by the forum on legalbeagles

http://www.legalbeagles.info/forums/forumdisplay.php?381-Bryan-Carter-Solicitors

Zoetoes

Thanks for the replies.

I'm looking into what I can do, getting advice on legalbeagles too, thanks

I rang Bryan Carter yesterday and they said it's not statute barred because a payment of £9.59 was made in 2011, just before the 6 years was up! I asked by who and how, what card etc, they said the onus is on me to prove I never made the payment.

fatbelly

Zoetoes wrote: »

Thanks for the replies.

I'm looking into what I can do, getting advice on legalbeagles too, thanks

I rang Bryan Carter yesterday and they said it's not statute barred because a payment of £9.59 was made in 2011, just before the 6 years was up! I asked by who and how, what card etc, they said the onus is on me to prove I never made the payment.

They're lovely aren't they?

Why would you make a payment of £9.59 after nearly 6 years of no payment?

Hopefully you'll get this to a hearing where the judge will order disclosure.

rizla_king

Zoetoes wrote: »

I asked by who and how, what card etc, they said the onus is on me to prove I never made the payment.

Lying scumbags.

Its up to them to prove you made it.

Zoetoes

Have had a reply from the Northampton Court to say it has been transferred to Wrexham and I will hear from them next.

Wrexham is not that local but much better than Northampton!

Also, I just happened to find the card the door step bloke left and it was 29/12/2014 that he called, they'd already applied to the court in the November so bit confused about why they sent someone out, unless it's not the same date, but it is Creation Finance.

There is an account number in the card so I have again emailed Creation asking for all info they have and given them the account number, so far they have said they have nothing under my name and address, but that may be because it is from 10 years ago?

andyfromotley

Zoetoes wrote: »

I rang Bryan Carter yesterday and they said it's not statute barred because a payment of £9.59 was made in 2011, just before the 6 years was up! I asked by who and how, what card etc, they said the onus is on me to prove I never made the payment.

When is somebody going to collate evidence on this practice and report them to the police for fraud and false accounting? Its an appalling practice and whilst many people can't prove that this is false there will be many who can via bank records etc.
If someone went with 30 or 40 cast iron cases of this happening then it would be hard for the police to ignore it!!