CCJ issued from old account

[Deleted User]

robingetz1 wrote: »

No, only one account with the bank and no payments were made to my knowledge.

Were you making payments to a collection agency or anyone of that nature for this debt?

If they then pass the payment on from their accounts then it will be a different account number.

robingetz1

The original claim was through MCOL in 2016. My defence was statutes barred, then it all went quiet until last year when they asked for payment then the court hearing.

robingetz1

!!! wrote: »

Were you making payments to a collection agency or anyone of that nature for this debt?

If they then pass the payment on from their accounts then it will be a different account number.

No payments were made to my knowledge, this was 13 years ago when the account was closed and 10 years from when the last payment was allegedly made, there were no receipts, proof of payment or anything, just a bad photocopied list of alleged payments, under a different account number.


I think it would have been a different outcome had I included this in my defence statement, but I spotted it the day before the hearing, so was not considered by the judge.


And the fact that I admitted leaving an unpaid overdraft on a bank account, didn't go down well, but that wasn't the issue.

PixelPound

I believe people here are trying to help, but you only seem to answer part of questions. Without complete knowledge then it is hard to give suggestions, and maybe it is best to go seek independent legal advice. Not sure if it is because you are merely wanting people to agree with what you want to hear.

For instance it is important to find out where payments were made - simply saying payments were not made to your knowledge won't cut it, you can't plead plausible deniability "hey if you don't tell me you are going to make payments, then I can deny all knowledge"

Claims are stayed after six months, so if the MCOL was issued in 2016 there must have been some significant reason for the stay to be lifted for it to go to court, if it really just simply went all quiet.. Though I suppose if in 2016 you stated you admitted the debt but it was SB then that might be a reason, or has there been mediation etc in the meantime.

Quentin

robingetz1 wrote: »

I only spotted this the day before the hearing and so it was dismissed by the judge at the time. But if this can be submitted as new evidence then an appeal might be worth while.


So much to consider, bottom line is I don't want the CCJ, so will pay it then try and gather new evidence for an appeal later.

Have you read up on appealing a ccj yet??? As mentioned not easy, expensive and involves Court of appeal.

But if you do win a set aside, the ccj will be removed and it will be up to the claimant to decide whether to try again when you will be able to defend again from scratch

robingetz1

nic_c wrote: »

I believe people here are trying to help, but you only seem to answer part of questions. Without complete knowledge then it is hard to give suggestions, and maybe it is best to go seek independent legal advice. Not sure if it is because you are merely wanting people to agree with what you want to hear.

For instance it is important to find out where payments were made - simply saying payments were not made to your knowledge won't cut it, you can't plead plausible deniability "hey if you don't tell me you are going to make payments, then I can deny all knowledge"

Claims are stayed after six months, so if the MCOL was issued in 2016 there must have been some significant reason for the stay to be lifted for it to go to court, if it really just simply went all quiet.. Though I suppose if in 2016 you stated you admitted the debt but it was SB then that might be a reason, or has there been mediation etc in the meantime.

I asked for statements of payment, I don’t make a mental note or record every payment I ever make, remember this was 2009, before most accounts had online facilities, so any payment made at the time would more likely be a payment slip in branch, so I argued that without proof, I denied any payments, they sent a Badley photocopied list of alleged payments, but no actual proof, e.g. that list could have been anything. However just before the hearing, I noticed the account number at the top of the sheet of the list of alleged payments was different to my account number supplie by them. But because I didn’t mention it before it was dismissed.

Any appeal I may make would be based on that I believe it was another account, not mine that these payments wer made to and they were chasing the wrong person.

PixelPound

Quentin wrote: »

Have you read up on appealing a ccj yet??? As mentioned not easy, expensive and involves Court of appeal.

But if you do win a set aside, the ccj will be removed and it will be up to the claimant to decide whether to try again when you will be able to defend again from scratch

That depends on the appeal, let's say it is about the payments and that the judge rules that the payments made to the a/c were erroneous and did not reset the statute of limitations, then the account would be SB and even if the defendant subsequently admitted the debt at the previous hearing it can not become un-SB.

I agree it can be expensive, if the defendant loses, costs will be awarded against him. As always seek ILA.

robingetz1

Quentin wrote: »

Have you read up on appealing a ccj yet??? As mentioned not easy, expensive and involves Court of appeal.

But if you do win a set aside, the ccj will be removed and it will be up to the claimant to decide whether to try again when you will be able to defend again from scratch

Not as such, but it’s an option, depending on what other evidence I can dig up.

I missed the glaring error of different account numbers when drafting my defence statement, this might have been the difference between winning and losing, who knows.

sourcrates

Hi,


First off, when assessing overdrafts/bank accounts for the possibility of been statute barred, it is the default date thats regarded as the "cause of action date", and not nessessarily the date of your last payment, sometimes accounts can run for many months, even years unused, until the bank defaults them.

Second, you cannot appeal a county court judgement, but you can apply to have it set aside, the cost for this is a £255.00 statutory fee, but remmision is available for the low paid.


You would need to confirm your defense beforehand by taking legal advice, because in order to be successful, you need a defense with a reasonable chance of success, so if the wrong account numbers were provided to the court, then that would technically invalidate the judgement, often reffered to as a "technicality", and a set aside "may" be granted on that basis.

robingetz1

nic_c wrote: »

That depends on the appeal, let's say it is about the payments and that the judge rules that the payments made to the a/c were erroneous and did not reset the statute of limitations, then the account would be SB and even if the defendant subsequently admitted the debt at the previous hearing it can not become un-SB.

I agree it can be expensive, if the defendant loses, costs will be awarded against him. As always seek ILA.

There are 2 main things that I need to find out before deciding the appeal,
1, confirm that the account number stated on the payment summary never did belong to me at any point, and the bank should be able to confirm this.
2. That the alleged payments were made to that account and not mine.

Only then can I decide if an appeal is worth it