Can I get CCJ set aside

Novastark

I discovered a ccj in my name in June. Contacted Lowell’s as I did not know about the court proceedings and I did not recognise the debt. Turns out the debt is from a BT account that I am certain is fraudulent. I have had loans taken in my name at the address the account was opened/ registered to. The Claim form was sent to an old address so I was never aware about the court date nothing.

I have proof that the loans were removed from my removed from my credit file because the company investigated and found I was telling the truth. My identity was stolen by a family member. A total of 20 agreements were taken during the period 2011-2017.

What is my defence. Lowell’s are asking for a tenancy agreement for 2013 when the BT account was opened but I was a student on my own sofa surfing. Any permanent residence I had was dodgy all bills inclusive so I never had a any bills in my name. I was on pay as you go during this time. I have been estranged from my family since 2012 (I was 17) because of violence etc.

What is my defence to get this set aside? I need help. I have offered to pay in exchange for a letter of consent from Lowell’s but they have refused.

[Deleted User]

Your defence is exactly that.
It’s down to the court to honour it or not.

Novastark

What is the likelihood a judge will agree to set it aside? Is it acceptable to add in the claim was sent to an old address? I have all documentation regarding the investigation with the loans. Confirmation that they have been removed etc?

[Deleted User]

I don’t know - I’m not a judge.

It varies person or person, case by case.

The more “evidence” you provide the more it “may” work in your favour.

sourcrates

You have two valid reasons for setaside.


(1) Court papers were sent to an old address, contrary to popular belief, companies are required to be dilligent when sending out claim forms, it should not be difficult to trace you.


(2) You dispute the debt, you beleive it to be fraudulent.


You need to be using the Legal Beagles forum, as they are more geared up on the legal aspects of things such as this :


https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues

Benight

Novastark wrote: »

I discovered a ccj in my name in June. Contacted Lowell’s as I did not know about the court proceedings and I did not recognise the debt. Turns out the debt is from a BT account that I am certain is fraudulent. I have had loans taken in my name at the address the account was opened/ registered to. The Claim form was sent to an old address so I was never aware about the court date nothing.

I have proof that the loans were removed from my removed from my credit file because the company investigated and found I was telling the truth. My identity was stolen by a family member. A total of 20 agreements were taken during the period 2011-2017.

What is my defence. Lowell’s are asking for a tenancy agreement for 2013 when the BT account was opened but I was a student on my own sofa surfing. Any permanent residence I had was dodgy all bills inclusive so I never had a any bills in my name. I was on pay as you go during this time. I have been estranged from my family since 2012 (I was 17) because of violence etc.

What is my defence to get this set aside? I need help. I have offered to pay in exchange for a letter of consent from Lowell’s but they have refused.

Novastark wrote: »

What is the likelihood a judge will agree to set it aside? Is it acceptable to add in the claim was sent to an old address? I have all documentation regarding the investigation with the loans. Confirmation that they have been removed etc?

If you do not owe the money - cancel the judgment

If you do not owe the money, you can ask the court to cancel the county court judgment (CCJ) or high court judgment. This is known as getting the judgment ‘set aside’.
You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.

Apply to get the judgment set aside
To get a judgment set aside, fill in the application notice (N244) and send it to the court.
You may have to pay a court fee of £255.
You’ll have to go to a private hearing at the court to explain why you do not owe the money.
If you do not go to the hearing, your application will be rejected and you’ll have to pay the amount in the judgment.

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

No one here can tell you what your defence will be; that's up to you to tell the court.

But if you don't have a realistic defence as to why you don't owe the money, then the court is unlikely to accede to your application (so that'll another £255 lost!)

If you do owe the money - pay the judgment

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

xlnc99

Quick advice - I was in the same position. Lowells refused a constent order, all the staff are usless and said the same thing when i emailed them and called them

I had to email the CEO and exec team who then granted me the consent order

boo_star

xlnc99 wrote: »

Quick advice - I was in the same position. Lowells refused a constent order, all the staff are usless and said the same thing when i emailed them and called them

I had to email the CEO and exec team who then granted me the consent order

You made a big enough fuss that they thought "it's not worth it."