Satisfied CCJ - HELP!

eb23456

Just had an email from BW Legal saying they want a response by 4pm today as to whether I’m going to accept their consent order or not. From their evidence they’ve sent they did a search with Equifax on 25/11/2020. However - I phoned up and said why does my credit report say one was done on 06/08/2020 and was told that one was done then and the one on 25/11/2020 was done to establish an address before the Letter of Claim was sent in February 2021.

So they did two searches before sending the letter of claim and before issuing a CCJ. Both of which said I was living at my childhood home as that’s where my car was registered to. I said that I could see one of my other addresses listed with Equifax on my credit report as I was registered to vote there, and I said why was that address not considered as it was listed more recently? Bloke from BW said that Equifax just told them that I was still living at the stated address (what they were given from the claimant), no info about any other addresses.

I said isnt it strange that Experian had all five of my addresses but Equifax only had two? His response was - “well it’s not up to us what information we receive from Equifax and it’s not down to us to keep the records updated”. How was I to know??? I didn’t even know Equifax existed until about a week ago 🤣😭😭

What do I do???? I don’t know if my evidence is strong enough to win at court. 

eb23456

I’ve asked BW if I can get back to them tomorrow morning with my decision.

Does anyone have any advice as to what I should do? I’m leaning towards cutting my losses and taking the consent order at this point. After hearing they did two Equifax searches I don’t feel like I have much of a leg to stand on…

Coupon-mad

I think you've done all you can thus far, with a thorough bundle based on good research.  The fact you paid it needs an explanation but if you can meet CPA 13.2 or 13.3 then the court will set the CCJ aside.

eb23456

Well 13.2 can be met by the fact that it wasn’t served because all letters were sent to an old address. This is factually correct but the issue is they were given that address from Equifax and had no reason to believe otherwise based on the information that Equifax hold on me. Whether that will stand in front of a judge I don’t know.. 

My main worry now is that if I lose I will have to pay their costs. And I don’t have the means to do so.

Hence why I’m questioning whether I should just accept the consent order and move on - at least i wouldn’t risk having to pay any more.

I would be happy taking it to a judge I’m just concerned I don’t have enough proof to argue that I was “there to be found”. Technically I was - Experian had all of my address history - but Equifax didn’t. Does that matter? Will the fact that another agency had all of my information make any difference?

eb23456

BW want the answer by 12pm tomorrow so if anyone wouldn’t mind giving the above post a glance and advising I’d appreciate it

Coupon-mad

My main worry now is that if I lose I will have to pay their costs.

No you won't.  What made you think that?

In the small claims track that's only where a party has acted wholly unreasonably, which you haven't.

 Experian had all of my address history - but Equifax didn’t. Does that matter?

You should be pointing out that Experian did have your addresses and NOT COMMENTING on Equifax.  If they then say they checked your address a year ago from Equifax, that still begs the question, why not check it again before filing the claim and why not use Experian which costs from 29 pence?

eb23456

Oh for some reason I thought I’d have to pay their costs if I lost. So if I take it to the judge I won’t have to pay any more than I have now? 

Yeah makes sense. I did question why they didn’t look at Experian and the bloke at BW just kind of brushed it off and said they always use Equifax.

Well if there’s no risk of me having to pay more than I already have then I’ll take it to court?! 50/50 win or lose right.

eb23456

Sorry everyone - upon further thought I have signed and returned the consent order to BW Legal. I did not want to risk losing and it being in my credit file for six years - as I will need to rent somewhere in London within the next year. The rental market in London is crazy enough as it is, I don’t need a CCJ holding me back. 

Thank you to everyone for all your help. Especially @Coupon-mad. Couldn’t have done any of this without you.

I will keep you updated as to what happens at the hearing.

Coupon-mad

I get why you did.  After all, you'd already paid the PCN sum, so there was no money in play. 

There won't be a hearing now, as long as the Consent Order is filed. Are you or they supposed to be sending the signed & dated version to the local court?

eb23456

Oh okay. So that’s it? It’ll get set aside?? They’ve sent it to the court already and they CC’d me in.