CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

[Clipper80]

Dear all,

Amazing website - very interesting reading the stories of others' battles on here, I'd really appreciate your help with the following please:

Decided to check my credit report today and found that on May 1st this year a CCJ forjust under £10k was registered against me, details given are for an old address of mine.

My intention is to contest this, apologies but the details are patchy as the matter relatesto a very old account.
• Judgement 02 May 2013 Northampton CCBC

• Default recorded Dec 2008 (HBOS Credit Card) just under £7k - so they are claiming £3k of interest/costs

• No notice of assignment received from IND

• No paperwork received in relation to the CCJ as I do not live at the address on the claim anymore

• I had back in 2010 requested HBOS to provide copies of the credit agreements, had an acknowledgement and several "we're still looking" letters but no reply.

• Business was very bad at that time and I had to stop paying - and was frankly hoping that they'd be unable to find the agreement and it would have to be written off.

• Unfortunately I have (long story) no access to the correspondance that I had with HBOS back then

• Fast forward back to this morning and after speaking to Northampton CCBC they advise that it is being transferred to my local court, possibly for some kind of enforcement, they have advised that I applied for it to be set aside ASAP.


It's amazing how much stress this instantly creates. Any and all help gratefully appreciated.

I cannot afford to pay this off at all, and having the CCJ is a major blow having tried to rebuild my credit file over the past few years.

[Streetwise]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Dear all,

Amazing website - very interesting reading the stories of others' battles on here, I'd really appreciate your help with the following please:

Decided to check my credit report today and found that on May 1st this year a CCJ forjust under £10k was registered against me, details given are for an old address of mine.

My intention is to contest this, apologies but the details are patchy as the matter relatesto a very old account.
• Judgement 02 May 2013 Northampton CCBC

• Default recorded Dec 2008 (HBOS Credit Card) just under £7k - so they are claiming £3k of interest/costs

• No notice of assignment received from IND

• No paperwork received in relation to the CCJ as I do not live at the address on the claim anymore

• I had back in 2010 requested HBOS to provide copies of the credit agreements, had an acknowledgement and several "we're still looking" letters but no reply.

• Business was very bad at that time and I had to stop paying - and was frankly hoping that they'd be unable to find the agreement and it would have to be written off.

• Unfortunately I have (long story) no access to the correspondance that I had with HBOS back then

• Fast forward back to this morning and after speaking to Northampton CCBC they advise that it is being transferred to my local court, possibly for some kind of enforcement, they have advised that I applied for it to be set aside ASAP.


It's amazing how much stress this instantly creates. Any and all help gratefully appreciated.

I cannot afford to pay this off at all, and having the CCJ is a major blow having tried to rebuild my credit file over the past few years.

On the grounds that you were not advised of the court hearing.

[Streetwise]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Dear all,

Amazing website - very interesting reading the stories of others' battles on here, I'd really appreciate your help with the following please:

Decided to check my credit report today and found that on May 1st this year a CCJ forjust under £10k was registered against me, details given are for an old address of mine.

My intention is to contest this, apologies but the details are patchy as the matter relatesto a very old account.
• Judgement 02 May 2013 Northampton CCBC

• Default recorded Dec 2008 (HBOS Credit Card) just under £7k - so they are claiming £3k of interest/costs

• No notice of assignment received from IND

• No paperwork received in relation to the CCJ as I do not live at the address on the claim anymore

• I had back in 2010 requested HBOS to provide copies of the credit agreements, had an acknowledgement and several "we're still looking" letters but no reply.

• Business was very bad at that time and I had to stop paying - and was frankly hoping that they'd be unable to find the agreement and it would have to be written off.

• Unfortunately I have (long story) no access to the correspondance that I had with HBOS back then

• Fast forward back to this morning and after speaking to Northampton CCBC they advise that it is being transferred to my local court, possibly for some kind of enforcement, they have advised that I applied for it to be set aside ASAP.


It's amazing how much stress this instantly creates. Any and all help gratefully appreciated.

I cannot afford to pay this off at all, and having the CCJ is a major blow having tried to rebuild my credit file over the past few years.

Set aside On the grounds that you were not advised of the court hearing.

[Clipper80]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Thank you Streetwise, assuming that goes through, what would be the next steps?

[Streetwise]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Thank you Streetwise, assuming that goes through, what would be the next steps?

Do you still have the letter for the C.C.A. request that you sent in 2010.

[Clipper80]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Not the original - hard drive crashed, but I can reproduce as it was from a template

[Streetwise]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Not the original - hard drive crashed, but I can reproduce as it was from a template

Once set aside, request the C.C.A. again one pound postal order, no signature ,recorded delivery letter.

[FlamingParrot]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Once set aside, request the C.C.A. again one pound postal order, no signature ,recorded delivery letter.

They will argue that, once judgment has been obtained, they no longer have a duty to comply with a CCA request, see this post for reference. Not sure whether having it set aside would restore the duty.

As mentioned earlier the OFT consider that the request should be complied witth

WHEN THE DUTY DOES NOT APPLY
4.1 Sections 77, 78 and 79 set out a limited number of situations where the
duty to supply copies and statements does not apply.
• It does not apply to an agreement under which no sum is, or will or
may become payable by the debtor or hirer. It will therefore not
apply where the agreement has been paid off and terminated. It will
also not apply where judgment has been obtained, unless there is an
interest-after-judgment clause in the agreement which the creditor or
owner has not expressly waived. Where, however, the agreement
has merely been terminated, but monies are or will or may be
payable under it by the debtor or hirer, the OFT considers that the
duty will still apply.2

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

[FlamingParrot]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Set aside On the grounds that you were not advised of the court hearing.

See below, you'll need to be able to prove you gave them your new address.

Also you'd need to have a valid defence, otherwise you'd find yourself back to square one, i.e. with the CCJ, unless you have good arguments to defend. You need to show the court you have the prospect of a successful defence.
http://www.trustonline.org.uk/unders...de-a-judgment/

Reasons to set aside

The main reason a court will set aside a judgment if there’s been a mistake, such as a default judgment when you had sent back the form asking for more time.

If you didn’t get the papers, the court will expect you to prove you’d given the creditor your new address.

Likewise, if you missed the hearing, the court will want a good reason before setting the judgment aside.


Warnings about setting aside judgments
Setting aside does not mean the case is over. It may still be heard.

http://www.nationaldebtline.co.uk/en...e_county_court

The court may agree to set aside the default judgment even if you did not send in a reply form within the time limit if:

• the court thinks you have a real chance of a successful defence to the claim; or
• the court thinks there is some other good reason why the judgment should be set aside.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
• the post office returned the claim papers as they were not able to deliver them.

[Streetwise]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

They will argue that, once judgment has been obtained, they no longer have a duty to comply with a CCA request, see this post for reference. Not sure whether having it set aside would restore the duty.

Well they don't have a copy of the original they sent in 2010 do you think they should reconstitute one as they have suggested.:beagle:

[CleverClogs]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Well they don't have a copy of the original they sent in 2010 do you think they should reconstitute one as they have suggested.

Why not?

That's what HBOS will do! :grin:

[PlanB]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Decided to check my credit report today and found that on May 1st this year a CCJ forjust under £10k was registered against me, details given are for an old address of mine.

My intention is to contest this, apologies but the details are patchy as the matter relatesto a very old account.
• Judgement 02 May 2013 Northampton CCBC.

Wow that was quick :eek2:

CCJs normally take a month (or two) to register on CRA files but from what you say it was only 5 working days in this case which is about the same amount of time it takes for the court to post out the order. The reason for the month delay is because you have the opportunity to pay the CCJ within that timeframe before it's formally recorded. Have you checked with Registry Trust Online to see if it's been registered there because I think they're the first to know before passing the information to the CRAs (a month later?):

http://www.trustonline.org.uk/unders...d-the-register

How long is it since you moved from the address to which the court summons was sent and how long since you last had any contact from the Claimant?

[Clipper80]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Thanks to all for their responses. Today I received a package from IND with a scanned copy of what is alleged to be my application form. It is undated - the part where it was stamped "received" is illegible. The section where what is supposed to be my signature appears also has a space for a date, but there's no date there at all.

There are also four(!) copies of credit card agreements:

• One referencing penalty fees of £20
• One with a subsequent address referencing penalty fees of £12. The format of these agreements (in terms of the font etc.) bears no resemblance to the application form
• On the application form there is a box which says "The Agreement" - the text is only barely legible
• One sheet which has got an extract (two numbered paragraphs 6 & 7) of some T's & C's. The text on this is also illegible

Then there's a Letter Before Action with an opening paragraph saying that in July 2011 the debt was assigned to IND. I didn't ever receive any notice of assignment - all I have is this one sentence in the letter sent in mid-March. I don't know when the claim was lodged so don't know if they allowed enough time before taking action.

They've not as I requested, sent any of the court papers.

I've checked with the Registry Trust and the CCJ came up under a search. Outraged that it was on my credit record within 2 days of the judgement.

I'm going to send the papers of requesting the judgement be set aside tomorrow morning recorded delivery and copying IND telling them to remove the CCJ from my credit record. My initial intention is to claim that I did not receive the papers as I was not at the address and have had no prior dealings with them.

It's 5 months since I lived at that address, and I know for a fact that the landlord has returned all post for me, to sender.

Interestingly the signature on the document looks like mine but is significantly different.

Seething, but determine to banish IND back to whatever level of hell they came from,
Clipper80

PS Will try to upload the agreements with name etc redacted

[FORCEOFONE]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

A CCJ does not get recorded on the registry trust till after 28 days. The whole idea is that it gives the debtor time to settle the judgement before it is recorded for six years

To set aside a CCJ, you will need to fill out an n244 application notice, it will cost you now £80.00 i believe

[Clipper80]

Re: CCJ Recorded by Hegarty/IND Ltd - No Claim Form Received

Thanks for the reply but the CCJ IS recorded at the Registry Trust - I can see it having paid the £4 and done a search against my name