Satisfied CCJ - HELP!

Coupon-mad

Date the skeleton argument (but no signature as it's not a statement) and give the whole authorities bundle page numbers, so you can say - transcript appended. See page xx'.

You could send BW Legal the whole lot but they've seen the N244, as I said, otherwise they wouldn't have responded to it.

I'd wait though, and see if Equifax come back with the evidence you need next week - unless your hearing is next week.

eb23456

Hearing is on August 9th - two weeks tomorrow. I’ve sent a request to equifax asking for the data and have asked BW for evidence of them accessing my data - when and what they were given. 

Do I just need to email the skeleton argument and transcripts to the court? Or shall I print and post then like I did with the N244 and other documents?

Coupon-mad

A skelly can be sent a few days before the hearing so wait and see if Equifax come back this week as it might be key evidence to include.

If not, then your skelly could add that there is no evidence that two soft traces were done in 2021 nor what addresses (plural) were returned by Equifax. Further, no checks were done in 2022 prior to filing the claim.  Equifax have been contacted to confirm the presence of more than one address on the credit file and what precisely was returned in response to any Trace. Their reply will be brought to the hearing if it arrives in time, which will not be news to the Claimant, if (as they claim) two traces were done.

As the authorities are so large (3 full case law transcripts and the Code of Practice for starters!) I'd plan to email it all a few days prior to the hearing (to the local court - NOT THE CCBC - and to the solicitors for the C).

eb23456

Coupon-mad said:

A skelly can be sent a few days before the hearing so wait and see if Equifax come back this week as it might be key evidence to include.

If not, then your skelly could add that there is no evidence that two soft traces were done in 2021 nor what addresses (plural) were returned by Equifax. Further, no checks were done in 2022 prior to filing the claim.  Equifax have been contacted to confirm the presence of more than one address on the credit file and what precisely was returned in response to any Trace. Their reply will be brought to the hearing if it arrives in time, which will not be news to the Claimant, if (as they claim) two traces were done.

As the authorities are so large (3 full case law transcripts and the Code of Practice for starters!) I'd plan to email it all a few days prior to the hearing (to the local court - NOT THE CCBC - and to the solicitors for the C).

Thank you so so much !!! I'll get this all sorted.

eb23456

Bad news.. I finally got through to Equifax today and they said the only information on my credit report with them is my childhood address (where Britannia sent all the letters to) and this CCJ which has been satisfied. To verify my account I had to give them details of two credit companies that I hold accounts with - and I explained that one was registered to the last address I lived at (the one before where I live now) and that that was opened in March 2021. They said that wasn’t on there. 

I’ve just downloaded a multi-agency credit report from checkmyfile as the Equifax one isn’t ready yet. I can see that BW Legal did a search on Equifax on 04/08/2020 and found my childhood address. But shouldn’t they have done another search in 2021 when they started talking about taking me to court?? It had been 13 months since their search before I got issued with a CCJ.

Funnily enough - Equifax only have “linked address” (where I’ve lived) data about my childhood home, but Experian has all five of my addresses listed. Why is this??? Equifax have information about my current address too but haven’t got that on their “linked addresses” section. Seems like Equifax is missing a lot of info!!!

I really don’t know if I’m going to win this. It doesn’t seem like I have much to fall back on apart from the 4 months dead argument. Is that enough??? From what they were given from Equifax in August 2020, the only address known to them was my childhood home. All very frustrating.

Coupon-mad

I’ve just downloaded a multi-agency credit report from checkmyfile as the Equifax one isn’t ready yet. I can see that BW Legal did a search on Equifax on 04/08/2020 and found my childhood address.

But shouldn’t they have done another search in 2021 when they started talking about taking me to court?? It had been 13 months since their search before I got issued with a CCJ.

Yes. That bit above is good news. Didn't BW Legal say in their submission that they did a soft search or two, in 2021?  Am I remembering that wrong?

Take the Equifax AND Experian records to the hearing with you as proof that you were there to be found. And if BW Legal said a soft search was done in 2021 then call them out to the Judge.

eb23456

Coupon-mad said:

I’ve just downloaded a multi-agency credit report from checkmyfile as the Equifax one isn’t ready yet. I can see that BW Legal did a search on Equifax on 04/08/2020 and found my childhood address.

But shouldn’t they have done another search in 2021 when they started talking about taking me to court?? It had been 13 months since their search before I got issued with a CCJ.

Yes. That bit above is good news. Didn't BW Legal say in their submission that they did a soft search or two, in 2021?  Am I remembering that wrong?

Take the Equifax AND Experian records to the hearing with you as proof that you were there to be found. And if BW Legal said a soft search was done in 2021 then call them out to the Judge.

When I first called them they said they did “two or three” searches before filing with the court - probably a throw away comment as that obviously isn’t true.

But I have in writing that they said they were instructed by their client on August 6th 2020 and then did a search with Equifax to find my DVLA address. They said they did this trace on 25th November 2020 - but the search was done on August 4th??? All very odd. 

Just had an email back from BW saying they attached a screenshot showing the results from the Equifax trace. But no picture was attached!!! Typical 🤣 They’re useless.

Coupon-mad

Bear in mind their image will be their own internal case notes, I expect.  Ask for the attachment. Let's compare it to the Equifax version of the truth...

eb23456

Coupon-mad said:

Bear in mind their image will be their own internal case notes, I expect.  Ask for the attachment. Let's compare it to the Equifax version of the truth...

Will get back to you when they respond!

Just to double check what exactlydo I need to send to the court before the hearing? The skeleton argument, transcripts for Boxwood, M&S and new June 2022 cases, multi-agency credit report showing multiple addresses with different companies and (depending on what their response is) possibly their correspondence showing that they’ve lied about the search date? Am I missing anything??

And do I need to also send all of these to the C? Or BW Legal? Or both?

Coupon-mad

Just to double check what exactlydo I need to send to the court before the hearing? The skeleton argument, transcripts for Boxwood, M&S and new June 2022 cases, multi-agency credit report showing multiple addresses with different companies and (depending on what their response is) possibly their correspondence showing that they’ve lied about the search date? Am I missing anything??

I think that's it.

Attached to a covering skeleton argument, and with your costs assessment too.  All paginated. With an index.

To BW Legal and the local court, as attachments by email.