CCJ claim pack sent to wrong address and I just found out 3 years later

alexstrat

Hi everyone and thanks for having me.
I'm in a bit of a pickle.
A couple of weeks ago, me and my partner decided to relocate back to Surrey from the Isle of Wight so we applied to rent a flat.
Upon doing the references checks the ref company dug out a CCJ filed on my name in 2017.

I thankfully secured the property by paying rent in advance and explaining the same situation I'm about to explain to you.

Like other people, I'm also trying to get a "mortgage ready" credit score so I can eventually buy a house for my family so I try to be a good citizen and pay my bills on time.
I also check my credit often with all reference agencies, Equifax, CreditKarma, ClearScore, Experian. I consider myself a credit savvy person.
My credit is not perfect, I have a few missed payments, 2013-2014 from when I was single and stupid, I think now I am a little older and a little wiser.

Until the ref company dug the CCJ out, I never knew about it, the strange thing is that I have a credit line off over £5k in credit cards and overdrafts. I get declined sometimes but I always blamed it on things such as a too large amount or too many credit searches etc. This particular CCJ does not show on any of my credit reports, I have now filed a notice of correction with Equifax to find out what is going on in more details.

Upon investigating the case I managed to find the company who filed the CCJ and it's called Perch Capital Limited. Also affiliated with Asset Collections & Investigations and TM Legal Services. From what I read online, one of the most notorious collecting entity in the whole UK.
I searched on the registry and I found the CCJ.

£480 and some change, initial lender The Lending Stream, I tracked it down, by looking through an old email of mine, it was a loan of £200+£200 interest and fees + court fees I assume. I did borrow the money and really slipped my mind because I was stupid, my old correct address is on the credit contract. If it's not in your mailbox it's gone away type of stupid.

I'm aware this has to be paid to The Lending Stream, what's fair is fair, I will make sure they get the money asap.
The problem is that the CCJ claim pack has been sent to an address that has nothing to do with me, very different from the credit contract. I have never lived there. And it was sent 2 years after I moved away from the area. My new address is shown on the electoral roll and being a company owner it's public information. My name is unique to England, it's impossible that someone has the same name as me and lived in the same area as me in 2014.
Here's an example:
The address I lived when I borrowed the £400 was something like this "the pretty cottage, small village, bigger town, Surrey" the address the claim pack was sent to 3 years after I moved from there was something like " 1, street name, small village, bigger town, Surrey". No way I could have been handed over the claim pack.

The point is that the address is totally different to the one I lived at and 3 years later when the CCJ started, I was living at a new address that could have been found either on the electoral roll, companies house or even my credit report.

I know that, luckily, the court has a system in place for things like this and you can apply to get the CCJ set aside, by filling a form nr N244, it costs £255 and this is my next step.

I just wanted to ask someone who is more seasoned than me with these things and if I have a chance of winning. Note that there are about 2 years left until CCJ will be removed regardless of what I do.

I just want to sort it out and I don't want any handouts, I will pay for it.
Sorry for the novel, I just thought someone can help me better if they know the whole story.
I will be following the thread closely and I can answer further questions.
Thanks in advance and stay safe.

sourcrates

Hi,

You must satisfy two points of law in order for a set aside to be successful.

Point (1) You must have good reason why you did not respond to the court papers initially.

Point (2) You must have a defence with a reasonable chance of success.

If you cannot satisfy both points, then you may be wasting your money and the courts time.

alexstrat

sourcrates said:

Hi,

You must satisfy two points of law in order for a set aside to be successful.

Point (1) You must have good reason why you did not respond to the court papers initially.

Point (2) You must have a defence with a reasonable chance of success.

If you cannot satisfy both points, then you may be wasting your money and the courts time.

I'm sure I have a good reason for point 1. I'm not sure what my defence for not paying back the loan would be.

sourcrates

alexstrat said:

sourcrates said:

Hi,

You must satisfy two points of law in order for a set aside to be successful.

Point (1) You must have good reason why you did not respond to the court papers initially.

Point (2) You must have a defence with a reasonable chance of success.

If you cannot satisfy both points, then you may be wasting your money and the courts time.

I'm sure I have a good reason for point 1. I'm not sure what my defence for not paying back the loan would be.

And that is where most set asides fall down, you must have a defence, either you don`t owe the money, or the amount they are claiming is incorrect, something along those lines, to be honest, if asset collections are not chasing this, they certainly will not escalate the matter, as it costs them more money, i would just let the two years slip away, and it`ll be gone.

alexstrat

sourcrates said:

alexstrat said:

sourcrates said:

Hi,

You must satisfy two points of law in order for a set aside to be successful.

Point (1) You must have good reason why you did not respond to the court papers initially.

Point (2) You must have a defence with a reasonable chance of success.

If you cannot satisfy both points, then you may be wasting your money and the courts time.

I'm sure I have a good reason for point 1. I'm not sure what my defence for not paying back the loan would be.

And that is where most set asides fall down, you must have a defence, either you don`t owe the money, or the amount they are claiming is incorrect, something along those lines, to be honest, if asset collections are not chasing this, they certainly will not escalate the matter, as it costs them more money, i would just let the two years slip away, and it`ll be gone.

Thanks, I think the next step would be to find holes in their initial claim. I'm pretty sure there's an affordability issue there. The loan is nearly loan shark style interest, I might need to complain to The Lending Stream first.

D3xt3r5L4b

No one is trying to get a “mortgage ready credit score”. Anywhere. Ever. 

Also CCJ papers are sent to the last registered address so if you moved and didn’t update your creditors then that’s not a reasonable defence.

As for trying to get out of it due to “affordability” is just plain ridiculous.

Would you do the same with a mortgage?

sourcrates

Unfortunatly once legal action has been taken, the time to complain has passed, this is because in the eyes of the law, you have been found liable by the court, your ONLY option would be a set aside, and that has already been dismissed as you have no defence.

This is dead in the water i`m sorry to say.

alexstrat

D3xt3r5L4b said:

No one is trying to get a “mortgage ready credit score”. Anywhere. Ever. 

Also CCJ papers are sent to the last registered address so if you moved and didn’t update your creditors then that’s not a reasonable defence.

As for trying to get out of it due to “affordability” is just plain ridiculous.

Would you do the same with a mortgage?

So people aren't trying to improve their credit to be accepted for a mortgage? Anywhere. Ever? No need for a passive-aggressive attitude.
Clearly not the last address, the wrong address in my case. They sent it to an address I haven't lived at.
I that time I did have affordability issues, I think even if it's later and the legal action was taken unlawfully by a company without integrity can stand in court.
I came here for advice, not for judgement, I'll get that in court. Get off my thread if you got nothing useful to say.

alexstrat

sourcrates said:

Unfortunatly once legal action has been taken, the time to complain has passed, this is because in the eyes of the law, you have been found liable by the court, your ONLY option would be a set aside, and that has already been dismissed as you have no defence.

This is dead in the water i`m sorry to say.

I think you're wrong. Clearly I haven't attended the court hearing and haven't had the chance to defend it due to not knowing it happened.

D3xt3r5L4b

alexstrat said:

D3xt3r5L4b said:

No one is trying to get a “mortgage ready credit score”. Anywhere. Ever. 

Also CCJ papers are sent to the last registered address so if you moved and didn’t update your creditors then that’s not a reasonable defence.

As for trying to get out of it due to “affordability” is just plain ridiculous.

Would you do the same with a mortgage?

So people aren't trying to improve their credit to be accepted for a mortgage? Anywhere. Ever? No need for a passive-aggressive attitude.
Clearly not the last address, the wrong address in my case. They sent it to an address I haven't lived at.
I that time I did have affordability issues, I think even if it's later and the legal action was taken unlawfully by a company without integrity can stand in court.
I came here for advice, not for judgement, I'll get that in court. Get off my thread if you got nothing useful to say.

Not the made up score or rating no. 

You must have been at the address at some point otherwise they wouldn’t have sent it there. 

alexstrat

alexstrat said:

sourcrates said:

Unfortunatly once legal action has been taken, the time to complain has passed, this is because in the eyes of the law, you have been found liable by the court, your ONLY option would be a set aside, and that has already been dismissed as you have no defence.

This is dead in the water i`m sorry to say.

I think you're wrong. Clearly I haven't attended the court hearing and haven't had the chance to defend it due to not knowing it happened.

And I think the creditor wasn't sending the notices to the right address as well, so I didn't realise I'm behind on payments. Mistakes happen. Not dead in the water like you say.