Debt Collection 27 June 2022 at 5:05PM in Credit file & ratings 8 replies 317 views

Danielp345

On March 8th my Son (Who has Autism) received a letter titled Arrears of CCJ apparently in Summer 2021 a CCJ was filed in a court.   We have lived at our address for 9 years and we have not received any letters regarding debt or going to court.     

I typed with my son and sent  (on March 14th) to the solicitor company who sent the letter a debt "prove it" Letter by first class post.    I sent the letter because all the letter mentioned that he was ordered to pay £100 a month.    There was no mention of who the debt was for or any further information.    I don't think it's fair that someone can write a letter that you owe money but don't provide any evidence who the money is allegedly owed to.    

We heard absolutely no more about it until today when we received from our local court saying that if no payment is received before Friday 8th July that a bailiff will call and could remove goods for auction.     

If it's pertinent the debt solicitor is asking for £984 but the court is asking for around £600 in total.    

I am terrified, I park my car on the driveway and am worried it will be towed away, I've asked my son and he can't think who it could be from

Is it worth writing to the court that the debt is disputed and the solicitors have provided no evidence about what the debt is for.     

Any advice greatly appreciated 

sourcrates

Unfortunatly, rightly or wrongly, a court has decided he is liable for the debt, and they have obtained a CCJ against him, so that removes their obligation to provide any kind of details about the debt whatsoever.

Your best bet is to call or email the court, and ask for the particulars of the claim, do this ASAP to avoid any escalation, it could be a debt he has forgotten about, one he didn`t realise he had, or it may not be his debt at all.

Usually there would be an extensive paper trail before the matter got to this stage, you say you have received nothing, so that may back up the idea the debt is not his.

Anyway, once you know who the claimant is, and what the debt is for, post back, as advice will differ depending on what you find out.

FYI, the bailiff is easily dealt with, they can`t take goods that are not his, in most circumstances they can be stopped by just locking the door, its advisable never to allow them entry for various reasons.

Removal of goods is the last thing a bailiff wants to do, as second hand goods only sell for a fraction of what they are worth, its cash they will be wanting from him.

Danielp345

sourcrates said:

Unfortunatly, rightly or wrongly, a court has decided he is liable for the debt, and they have obtained a CCJ against him, so that removes their obligation to provide any kind of details about the debt whatsoever.

Your best bet is to call or email the court, and ask for the particulars of the claim, do this ASAP to avoid any escalation, it could be a debt he has forgotten about, one he didn`t realise he had, or it may not be his debt at all.

Usually there would be an extensive paper trail before the matter got to this stage, you say you have received nothing, so that may back up the idea the debt is not his.

Anyway, once you know who the claimant is, and what the debt is for, post back, as advice will differ depending on what you find out.

FYI, the bailiff is easily dealt with, they can`t take goods that are not his, in most circumstances they can be stopped by just locking the door, its advisable never to allow them entry for various reasons.

Removal of goods is the last thing a bailiff wants to do, as second hand goods only sell for a fraction of what they are worth, its cash they will be wanting from him.

Thanks, I'll write to the court asking for evidence of who the money is owed too.     As I said it's very unfair they can demand large sums of money especially after the solicitor office didn't bother to respond to our letter asking for evidence of money owed!

Danielp345

Just as an update:

Apparently they've been unable to find the letter we sent on March 14th.   

They say they've been instructed to collect the balance previously held by EE.  

They've said when the account was opened and the phone number.

They said because they didn't hear from us (as I said before we received nothing for us to request information or make any defense)

They are also saying phone contracts can be obtained online so if there is no contract, it can't be provided.   

We are at an absolute loss, he's never been with this provider.  

Is there anyway we can obtain any of the paperwork that allegedly ties him to this from anyone?   

We just don't know what to do

Danielp345

I meant to ask in my above post, is there anyway that we can obtain copies of any contracts

fatbelly

To apply for setaside you need:

a reason why you did not respond to the original claim
a defence with a reasonable prospect of success
to act promptly

https://nationaldebtline.org/fact-sheet-library/setting-aside-a-ccj-ew/

sourcrates

Danielp345 said:

I meant to ask in my above post, is there anyway that we can obtain copies of any contracts

The requirement for a physical copy of an airtime contract was dropped sometime during the mid 90`s.

Ever since then, activation and use of either the phone, or sim card, is deemed to be acceptance of the airtime contract, so you do not physically sign it, you agree to it by your actions.

As I explained before, once a judgement was issued, the creditor no longer has any obligation to provide evidence of any kind, as the court has deemed the debtor liable.

Set aside is your only option now.

Danielp345

sourcrates said:

Danielp345 said:

I meant to ask in my above post, is there anyway that we can obtain copies of any contracts

The requirement for a physical copy of an airtime contract was dropped sometime during the mid 90`s.

Ever since then, activation and use of either the phone, or sim card, is deemed to be acceptance of the airtime contract, so you do not physically sign it, you agree to it by your actions.

As I explained before, once a judgement was issued, the creditor no longer has any obligation to provide evidence of any kind, as the court has deemed the debtor liable.

Set aside is your only option now.

sourcrates said:

Danielp345 said:

I meant to ask in my above post, is there anyway that we can obtain copies of any contracts

The requirement for a physical copy of an airtime contract was dropped sometime during the mid 90`s.

Ever since then, activation and use of either the phone, or sim card, is deemed to be acceptance of the airtime contract, so you do not physically sign it, you agree to it by your actions.

As I explained before, once a judgement was issued, the creditor no longer has any obligation to provide evidence of any kind, as the court has deemed the debtor liable.

Set aside is your only option now.

Ok thankyou, I'll have to write this asap.  

When you say set aside, I take it that it means that if the CCJ is set aside then I have to write a defense.

Thanks for your amazing help this is my first (and last) time dealing with this

sourcrates

Follow fatbellys link above to see the criteria needed for a successful set aside.