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

alexstrat

D3xt3r5L4b said:

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. 

100% haven't lived at that address never. I can possibly get a written statement from people living at that address that I haven't. 
It's 2 streets from the place I lived at. Bear in mind that the CCJ was filed 3 years after I moved from the area. Verifiable by Barclays address change that I've done personally in-branch and companies house since I own a small business.

sourcrates

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.

Allow me to put this another way, currently, people who were loan guarentors with companies such as Amigo, are now having success with affordability claims, even when a CCJ has been granted for that debt, however, its not clear if that extends to payday loans as well, there has been a massive reclaiming movement in the last year or so, many companies have gone bust, or left the market entirely.

You can if you wish make a complaint to Lending stream, but i can almost guarentee there response will be "we have a CCJ against you, we can`t do anything".

If thats the case, then go straight to the FOS, they do not normally look at any complaint where a CCJ has already been granted, however, in light of the guarentor loan fiasco, policy is changing, and you may be lucky, you may not, but yes, in theory, you can try.

alexstrat

sourcrates said:

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.

Allow me to put this another way, currently, people who were loan guarentors with companies such as Amigo, are now having success with affordability claims, even when a CCJ has been granted for that debt, however, its not clear if that extends to payday loans as well, there has been a massive reclaiming movement in the last year or so, many companies have gone bust, or left the market entirely.

You can if you wish make a complaint to Lending stream, but i can almost guarentee there response will be "we have a CCJ against you, we can`t do anything".

If thats the case, then go straight to the FOS, they do not normally look at any complaint where a CCJ has already been granted, however, in light of the guarentor loan fiasco, policy is changing, and you may be lucky, you may not, but yes, in theory, you can try.

This sounds much better, I don't think my case is hopeless and I've only just started digging around. It's not going to be easy and I understand there's a slim chance of getting this set aside. My point is that the CCJ has been filled unlawfully from the start and that would void it giving enough evidence. I did try to contact Perch Limited and ask why they sent it to the wrong address when on the initial credit agreement the address was correct. Someone along the line made a mistake, either Lending Stream when it sold it or Perch Limited when it filed it.
I appreciate any input and help by the way if constructive.
I've only just started investigating, I will find the culprit.

LordSomebody

I’m a bit confused about what you hope to achieve. Let’s say you convince a judge that you couldn’t have attended the original hearing because of the address mistake. 

How do you then intend to show you never owed the money?

Sounds to me that you’re risking the judge simply affirming the CCJ of which you now have knowledge on the basis you owe the money and you know about the debt and so it’s just to make you repay it.

alexstrat

LordSomebody said:

I’m a bit confused about what you hope to achieve. Let’s say you convince a judge that you couldn’t have attended the original hearing because of the address mistake. 

How do you then intend to show you never owed the money?

Sounds to me that you’re risking the judge simply affirming the CCJ of which you now have knowledge on the basis you owe the money and you know about the debt and so it’s just to make you repay it.

Paying it is not an issue. I would have done anything possible to pay it before it even reached the court if I had the chance.

Barney_Rubble_0403

If the address thst the papers were sent to have no connection with Alex and can be proven so, would this be any sort of defence. I'm assuming that all the warning/threatening letters would have gone the same way.
Could you have then argued that if papers were duly received then debt would have been paid forthwith thus avoiding a ccj?

MinuteNoodles

alexstrat said:

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.

Despite what you say about being in the electoral roll, having a unique name, having a Ltd business none of that counts for a hill of beans. Under UK law a creditor only has to issue any correspondence and serve any notices or legal action to the last known address they have on file for you. They're not required to go chasing you round the country to find you to serve them. Therefore if you move and don't tell someone you owe money to of your new address they are doing nothing wrong in law serving any notices or filing for a CCJ at your old address. Using "I changed my address and didn't inform them of the new one" is not a defence or a reason for a judgement to be set aside and will be thrown out.

phillw

D3xt3r5L4b said:

Not the made up score or rating no. 

Can we suspend the pedantry during the lockdown? It's rather irrelevant to the discussion.
As for legal advice, I would largely not trust a bunch of random people on the internet, but any argument you raise needs to convince impartial people. It's quite easy to come up with an argument that convinces yourself, when you want to be convinced.

phillw

alexstrat said:
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.

Mistakes do happen, but that isn't a defense.
https://www.thisismoney.co.uk/money/guides/article-3798933/Don-t-let-debt-ruling-knew-ruin-life-year-900-000-county-court-judgments-handed-s-fight-them.html

D3xt3r5L4b

phillw said:

D3xt3r5L4b said:

Not the made up score or rating no. 

Can we suspend the pedantry during the lockdown?

Why?
Is COVID-19 an excuse for people to get out of things now?