Managed to get CCJ set aside

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  • nic_c
    nic_c Posts: 2,928 Forumite
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    Quite a few et aide are granted because the creditor or DCA was informed the defendant no longer lived at the address letters were being sent to and proceeded to apply for a default judgement. So your email is similar.

    Consent set aside is often when you have cleared the debt and they agree to not object to the CCJ removing. So the court is under the impression that the debt will be settled.

    Not sure why you are reiterating about the address, unless its just to avoid paying the debt. If it was an address you lived at, they are within rights to use it, if they were doing it to an address you had never lived at that would be different.

    If you are working for a financial institution and they are handing out £100 doesn't mean others will, it will be a business decision. Breaching DPA is different to sending a letter to a known address, they haven't breached DPA by sending a letter to your old address!!
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    There’s no point pursuing a complaint - you’ll get no further compo.

    Settle it and move on.
  • MisterBaxter
    MisterBaxter Posts: 666 Forumite
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    nic_c wrote: »
    ...........
    Breaching DPA is different to sending a letter to a known address, they haven't breached DPA by sending a letter to your old address!!

    Does this still apply under GDPR if it can be shown that the data handler has been supplied with an updated address but has failed to properly manage the personal data they hold? As I understand it under GDPR data handlers have an obligation to keep their records up to date. Not that any breach of GDPR financially benefits the person whose data has been leaked.
  • Michael23
    Michael23 Posts: 61 Forumite
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    Sure they have breach DPA, I advised in the email I was no longer resident at the address they have and supplied my new address. As MisterBaxter points out below, companies are required to keep their records upto date, this is also echoed on the ICO website and warrants a complaint.
  • Michael23
    Michael23 Posts: 61 Forumite
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    Almost like changing the address with your bank and they still send all your bank statements to the address we’re you said you’re no longer resident? Pretty sure that would make anyone feel uncomfortable.
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
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    Hi Michael23,

    Will you return to let us know the outcome of your complaint please. As it might help others in the future...
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Michael23
    Michael23 Posts: 61 Forumite
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    I certainly will!
  • nic_c
    nic_c Posts: 2,928 Forumite
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    Michael23 wrote: »
    Sure they have breach DPA, I advised in the email I was no longer resident at the address they have and supplied my new address. As MisterBaxter points out below, companies are required to keep their records upto date, this is also echoed on the ICO website and warrants a complaint.
    We don't know that they ignored your notification of change of address
    we don't know if they did change the address, write to there, got no reply, did a trace check and then started writing to the old address again.
    We know you informed them, no payment was made, and a CCJ was entered at the old address, the rest is unknown.

    Did you get a response back from your email?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 17 July 2019 at 9:01PM
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    The solicitor companies that debt purchasers use will do anything to get a judgement recorded against you, there are many reports on Internet forums of the tactics they employ in order to achieve this.

    This includes ignoring pre-action protocols, saying they never received your response pack, sending papers to old addresses, ignoring your letters, the list goes on, do not be naive and kid yourself these things do not happen, they do, if challenged, or complained about, they simply lie to the FOS, say recordings were deleted etc, all very convenient.

    This is common knowledge amongst people who have had the misfortune to have dealt with these ”solicitors” and I use this word in the loosest possible sense, there is not sufficient legislation at present to stop it happening.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Michael23
    Michael23 Posts: 61 Forumite
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    nic_c wrote: »
    We don't know that they ignored your notification of change of address
    we don't know if they did change the address, write to there, got no reply, did a trace check and then started writing to the old address again.
    We know you informed them, no payment was made, and a CCJ was entered at the old address, the rest is unknown.

    Did you get a response back from your email?

    I received an automated response to my email back in 2017 which was regarding the change of address. I was on the phone earlier to log the complaint and the lady I spoke to believe's it was a staff error and she will have the complaint department investigate.
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