CCJ Advice

moneydragon

Hi

I had mobile account with O2 and to cut a long story short back in 2012 I had a dispute with them over a charge on the account.

After sometime and without any notice O2 sent the account to Westcott were I promptly wrote to them informing them that the account was in dispute and that I required the evidence that they legally owned the debt if there was one.

I moved house but left a forwarding address or any mail etc and I heard no more and got on with life.

I have never been one to check my credit file but now I am after a mortgage, so thought I would go and check to my surprise/horror there was a ccj sitting there from 2017.

I was not contacted, nothing, and if I had I would certainly not of ignored it.

I am now going to the court to try and get this removed due to having no knowledge, I am also happy to pay as it is a small amount of just over £100.

Can anyone please give me any advice on how to submit to the court requesting them to cancel due to having no prior knowledge.

TIA:)

Willing2Learn

Are you seeking to have the CCJ set aside? If so, then that will cost £255 (or less if you are eligible for a discount due to low income).

What reason would you be asking for the Set Aside? You would need to complete form N244

https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx

sourcrates

Hi,


Wescot dont buy debts, they just manage them, 02 have taken it upon themselves to take you to court and indeed, have obtained judgement against you.

They only have to send court papers to the last known address they have on file for you, a setaside application costs £255,00 although remision is available for those on low incomes, but you must have a defense with a reasonable chance of success for it to be granted.

You say the debt is around £100, you do the maths, is it worth it ?

Nasqueron

If it impacts chances of getting a mortgage or means you get a worse rate then spending £225 to get a set aside may well be worth it in the long run if there is a legitimate case

moneydragon

Thanks for the replies.

Yes I am aware that there is a cost implication but, yes Nasqueron is correct in saying that if I want to go for a mortgage spending this now will work out better in the long run.

As i stated earlier if I had known I would of sorted this before getting to this stage.

O2 never acknowledged my initial complaint just went ahead and put it in the court without giving me any chance to respond/pay, which is so unfair. Because of this it is my grounds to get it set aside.

[Deleted User]

Did you update them when you moved address?

It's not their job to chase you if you move

sourcrates

!!! wrote: »

Did you update them when you moved address?

It's not their job to chase you if you move

Actually it is, its called tracing, and due dilligence.

[Deleted User]

sourcrates wrote: »

Actually it is, its called tracing, and due dilligence.

Since when?

There's numerous posts on there where it's been quoted that it's not up to the collection agency or court to chase anyone around for debts

Willing2Learn

!!! wrote: »

Since when?

There's numerous posts on there where it's been quoted that it's not up to the collection agency or court to chase anyone around for debts

There have also been posts on this forum and other forums, from Just Di, that successfully argue the opposite.

[Deleted User]

So if you don’t update your address when you move (or otherwise, especially if you’re purposefully avoiding debts) and the lender and/or court doesn’t attempt to track you down then that’s fair game to have it set aside?

Willing2Learn

I am not a solicitor and am not qualified to make that argument. But if you google 'Just Di' and 'CCJ set aside', then you will see that it is sometimes a valid legal argument. (I have previously done that search)

Edit: Example of one such thread:
https://forums.moneysavingexpert.com/discussion/5925009/ccj-but-dca-still-want-paying-confused