CCJ I knew nothing about - HELP!

kirsty088

Hi,

I have applied to a rent a new property and as part of the letting agency checks they have informed me that I have an outstanding CCJ that was issued in May 2016 at a previous address I moved from in April 2015. The amount is obviously 'unsatisfied' at £380

This is the very first I have heard about it.

After contacting the issuing County Court, they could not tell me and details and gave me another number to ring who were a little more helpful and gave me the contact details of the claimant, namely Restons Solicitors.

I phoned them several times but only got an answer machine. There is no email address to contact them.

All I want to know is what the original debt is for so I can either pay it or apply to get it set aside.

After googling them I am horrified to find that they are pretty much a debt collection agency with extremely poor reviews.

As far as I am aware I have never had any outstanding debt.

I have never had a credit card, phone contract, utility bills etc. I am completely bemused by what this debt could be for.

Any advice on my next move would be much appreciated!

Do Restons Solicitors have a duty to tell me who the original debtor is? I dont envisage that they will be helpful at all. At this stage that is really what I want to know so I can possible set aside.

If I do apply to have this set aside and judgement is in my favour will I be compensated the £255 it will cost me to apply?

Thank You

Arleen

All collection agencies that are doing their jobs have poor reviews, comes with the territory.

If you can't get to them through telephone, they do have a physical address - write them with case details you got from the court and wait to hear what's up and then you can see what your options are.

If you set aside you do not get your money back, the 255 is gone. Worse than that, if you will lose, you will incur further costs, namely their legal fees in defending the set-aside. So best wait to have all the facts.

kirsty088

Thank you for your reply. Good advice, I will contact them by post. Do I simply give them the details on the Court file? Case number, amount etc? Do they HAVE to give me the information I request?

Also, my return address will be my current address? Are they then likely to send bailiffs and hike charges further?

Is there nothing I can do in regards to I knew nothing of this debt and have received no correspondence so was unable to act/defend at an earlier stage?

Similar to a statutory declaration?

Arleen

kirsty088 wrote: »

Thank you for your reply. Good advice, I will contact them by post. Do I simply give them the details on the Court file? Case number, amount etc? Do they HAVE to give me the information I request?

Also, my return address will be my current address? Are they then likely to send bailiffs and hike charges further?

Is there nothing I can do in regards to I knew nothing of this debt and have received no correspondence so was unable to act/defend at an earlier stage?

Similar to a statutory declaration?

Send them the case signature, name of the cour and your details.
They will not be sending bailifs over 350 quid, even if you will write to them that there is 350 quid laying on top of the fridge marked "for the bailifs" because it's not worth it and they would be likely denied access anyway (all you have to do is not open the doors).

As for the rest of questions, wait till you get the details and then come back here, no point in guessing.

kirsty088

I now have an update on this.

I have finally been able to speak to Restons Solicitors who have informed me that the original debt is from September 2008, from a company I have never heard off. They told me payments to this company stopped in mid February 2009. I have checked my one and only bank acccount and there are no transactions or debits to anyone during this time and certainly not any at all at any time to this company. I do not own and never have owned a credit card etc.

This debt was passed onto them in March 2015, where they initiated Court proceedings that resulted in the CCJ being issued in May 2016.

What are my options now?

Ms_Chocaholic

Who are the company?

kirsty088

Someone called Express Gifts Ace.

kirsty088

Restons Solicitors also told me that the case was closed and would not be reopened until I paid them in full.

They said I could not be told any further information until payment had been made.

Marktheshark

First thing is a SAR to the solicitors (subject access request).
For any and all documentations, information, communications they hold on you.
See what they have.

Once you have this, filing a N244 at the court if you do not recognise the debt.
This will generate a new hearing and you can counter claim for the losses incurred and £500 compensation for misrepresentation of data under the DPA

kirsty088

Thank you Mark.

In regards to the SAR, should this request be done in writing or can I verbally ask for it? I am sure they will ring me again tomorrow demanding payment now they have my number

Ms_Chocaholic

kirsty088 wrote: »

Someone called Express Gifts Ace.

It looks like this might relate to a Studio catalogue, does that ring a bell at all.