Assistance requested - LBC received

Coupon-mad

You mean some clerk over the phone said that? We didn't mean a phone call.

psycho101

So I have now sent a letter to the district judge at CCBC explaining the situation relating to this duff CCJ. Letter was sent on Thursday.

Not yet had any response from judge/CCBC yet but today I’ve received an email from Gladstones ‘without prejudice save as to costs’ asking for a reduced settlement - it’s not actually much of a reduction, going down from £275.81 to £234.

I’m taking this as a good sign and planning to ignore it. There’s not even a deadline on the email to reply by.

psycho101

I've followed the advice of Coupon-mad and Johnersh, and written to the Judge at CCBC stating all of the facts of the case. I've now received a response from the CCBC, where the essential bit of the response simply says: "if you wish to make an application to contest the claim/judgment a fee paid application will be required. The court cannot refer your request to a District Judge without an application."

Would greatly appreciate your advice as to what is the best course of action from here?

[Deleted User]

The reason why a letter was suggested in the first instance is that it is by no means clear that you are the party against whom judgment has been secured.

I don't see how you can apply to set aside a judgment made against someone else when you are in fact a third party.

I'd phone/write to the court and ask if the claim form just said "Smith" how many defendants might there be. You can't even ascertain who the defendant is, much less apply. This needs the input of a judge for directions.

I agree enforcement is probably impossible but a trace on the address may still record an undischarged debt.

onlyfoolsandparking

That is a very strange one indeed!!! and just another example of how these low-life PPC's operate.
I have a question and please don't shoot me down in a ball of flames (seasoned posters) could the OP not check their credit file in due course to see if any judgement is/has been recorded before potentially paying £255 for a set aside, just a thought?

Quentin

The definitive place to check up on if you have any ccjs is Trustonline

Free credit reports are often behind in their data

registry trust is updated daily

psycho101

I can’t see any CCJs registered for either myself or my wife on credit checks - checked today - but I don’t know the timescales by which they get uploaded by the courts.

I agree with Johnersh that this matter should go to a judge for direction. The bit I could do with some help to work through, is how to actually get it to a judge. In all correspondence I am having with CCBC they are simply stating that I must pay the £255 fee to apply for a set aside and they will not consider using any discretion. The frustrating thing is this is despite them knowing that there is no named defendant. Any suggestions?

Coupon-mad

Why not ask the court for a copy of the Judgment and Claim form?

If they refuse tell them you require it under a SAR.

psycho101

I already have copies of both the claim form and judgement for claimant in default - where it just names a surname as defendant (that of myself and my family members) I’m a bit confused - what would asking for more copies achieve?

Coupon-mad

Ah OK.

Why not post a letter to the court, attaching both the claim form and judgment and ask for a Judge or the Court Manager to explain:

- how many defendants were named?

- because your family has no idea who this Claimant thinks they have a judgment against and it seems to be an abuse of process to simply state a surname and hope any one of, say, 20 local family members will panic and pay it.

Finish by asking how on earth they expect one of twenty-odd family members sharing that surname (or however many) to pay to set it aside when it's impossible to guess who the Defendant even is?

- and ask why the court did not strike the claim out, being impossible to enforce?

Last line would be to ask for the next stage of the court complaint procedure.