Help needed in assisting a friend with fraudulent CCJ

Bladeriderrr4

Ladies and gents.  Please bear with me whilst I try to convey The situation.  He is very much out of water , and over 120 miles in the North of england.
Ok, A CCJ has been placed upon Dave registered at his parents address. He was only made aware of this when the letter hit the door mat whilst himself and wife were getting ready to move home at their previous home together.
He left his parents in 2012, yet 'Talk Talk' have taken him to court over unpaid services.  He categorically states he has never signed to any Service from 'Talk Talk' especially seeing as his parents had their own ISP,  and he had moved out 2 years before the period 'TT' claim services were provided.
Now, my own experience of courts regarding a parking ticket furnish myself with knowledge of statements of evidence and multiple correspondences.
However Dave has not received,  any demands, or letters from the court pertaining to their claim.
I referred him to Citizens Advice, and in his words, they baffled him and didn't make sense. 
I have directed him to the Government website pertaining to CCJ's and to request a 'Set Aside' order.
Having looked through the N244 application pdf, he's afraid he s unable to support his case with any evidence,  hence why I have come to you learned people.   What evidence, can he obtain? use?  Who else can help,  I did think about maybe Royal British Legion, or Army Benevolent Fund as he s Ex Army. 
Thank you in advance for any help offered.

Lee.  

[Deleted User]

Speaking with Talk Talk would be the first step. However, make sure he doesn't throw around the same 'fraudulent' accusation. Hopefully that is just your hyperbole, rather than his viewpoint. 

But if the CCJ is less than 30 days old, paying it off would make it disappear.

Thrugelmir

Not TT's responsibility to trace delinquent customers. Onus is the customer to ensure address details are kept up to date. What did his parents do with all the communications received? Non receipt of same doesn't wash. 

Bladeriderrr4

Deleted_User said:

Speaking with Talk Talk would be the first step. However, make sure he doesn't throw around the same 'fraudulent' accusation. Hopefully that is just your hyperbole, rather than his viewpoint. 

But if the CCJ is less than 30 days old, paying it off would make it disappear.

They have been in their new property for just over a month now.

Bladeriderrr4

Thrugelmir said:

Not TT's responsibility to trace delinquent customers. Onus is the customer to ensure address details are kept up to date. What did his parents do with all the communications received? Non receipt of same doesn't wash. 

This is what I can't get my head around....as you rightly highlighted, where's the paper trail, if he never had a contract, then where did they get all the information to submit to Court, as Yoda would say, 'Baffled much am I'

Thrugelmir

Bladeriderrr4 said:

Thrugelmir said:

Not TT's responsibility to trace delinquent customers. Onus is the customer to ensure address details are kept up to date. What did his parents do with all the communications received? Non receipt of same doesn't wash. 

This is what I can't get my head around....as you rightly highlighted, where's the paper trail, if he never had a contract, then where did they get all the information to submit to Court, as Yoda would say, 'Baffled much am I'

You are being misled in that case I suspect. Burying ones head in the sand springs to mind. In the hope that the lack of contact makes the problem simply go away. 

SnowTiger

I'd begin by sending a SAR (Subject Access Request) to TalkTalk to find out what information they have.

sourcrates

How much is the judgement for ?

As a set aside costs £255.00, where did all the court correspondence go to, what address ?

You don’t have a written contract for those kind of services, you agree to the service by using it.

If he wasn’t living in the property during the billing period claimed, then his defence would be it’s not his debt, TT have to prove the debt is his.

Non receipt of court papers is sufficient reason for a set aside, and he also has a defence, I doubt very much enforcement of this debt will be forthcoming, companies such as TT obtain judgement but rarely take further enforcement action.

Depends if it’s worth spending £255 quid to take this back to the beginning or not.

D3xt3r5L4b

sourcrates said:

Non receipt of court papers is sufficient reason for a set aside,

Surely that can’t be right?

That would mean anyone can just turn around and go “Sorry Guv, I didn’t receive the paperwork as I don’t live there anymore” and get the CCJ removed?

SpreadableToast

Troll post.

Bonus points for the ex-serviceman part.

sourcrates

D3xt3r5L4b said:

sourcrates said:

Non receipt of court papers is sufficient reason for a set aside,

Surely that can’t be right?

That would mean anyone can just turn around and go “Sorry Guv, I didn’t receive the paperwork as I don’t live there anymore” and get the CCJ removed?

You must meet two criteria for a successful set aside.
(1) a reason why you did not respond to the court paperwork 
(2) must have a defence with a reasonable chance of success.

if you can demonstrate you meet both of the above criteria the court may agree with you.