Hi all. I'm in a mess. I've been living in the US for almost 7 years now. Had debt in the UK when I left, young and careless. I have no plans to return to the UK as I'm a US citizen now and well settled here. I co-own a house in the UK with 3 siblings, the 4 of us own a quarter each. It's a family house we inherited and they have no interest in ever selling it. Obviously, my share is just a quarter, 25%. I have 3 separate debts, £2082, £8513 and £1182. The CCJs were entered on 14/02/14, 06/12/13 and 20/12/12 respectively. They have also applied for a charging order against the property I partially own. My questions are: Firstly, can I apply to have these CCJs set aside as I have been a permanent resident of the US for the past 7 years. I've only just become aware of these judgments after checking my credit report online. When I left the UK I did inform my financial institutions (Egg and HSBC) that I was moving to the US. Could they force the house to be sold, even though I only own a small share of the property? There is no mortgage on it. Two relatives live in the house that will not be moving for a very long time. I also believe that the two most recent CCJs must have been statute barred as at that point I'd been in the States over 6 & half years and have had no contact and made no payments since I've lived here. What is the best course of action. I've searched and searched and have not been able to find anyone in a similar situation, with a small share of an asset that has no hope of being sold anytime soon.

Hi, After some advice, I unfortunately took out a greenwood personal loan in 2011, The agent filled in the paper work, I signed it and that was it i had the cash given to me there and then. After a few weeks the agent stopped turning up, I called number on the card to state that he had not turned up, they informed me he was under investigation and another agent would be around to collect my money (They did not take card payments then else i would have paid). No agent showed up for the coming 5 weeks; I called the head office again stating the issue and they said that as soon as a new agent is appointed to the area they will be around to collect. (During this time, i had kept the money i was due to pay back). No Agent ever showed, the next thing i know i have a default added to my credit file. Start date: 29/10/2011 Default Date registered: 13/01/2012 I called the customer service department to ask why this had been added given the situation, they explained that they had sent letters to me about the overdue amount, and as i had not responded issued a default. I contested that i had never received such letters etc, It transpires that the 'actual' paper work that was sent off to the office had a false address on it (I live in Cornwall, the paper work had a Devon address on it - which i have never lived at). I had explained that this was false, the customer service agent could not understand why this address was there, or why the agent had set up a loan outside of his 'area' and passed it on to the 'regional manager'. The manager was less than useless; however I had the full balance to pay him as i wanted to get this sorted. Greenwood have stopped correspondence with myself in relation to rectifying the issue. Thankfully, im a little anal about paperwork and I have the following: - original contact. which i have supplied to greenwood (They have dismissed it saying this does not match theirs. ). - A copy of the statement i gave to the regional manager. - Receipt for final payment. - List of all calls made to them (BT Supplied me with this). The only thing i do not have is a "Request to call" which apparently is required by doorstep lenders? (Never signed one) I've asked them that they update there records, as i believe that the default was added in error, they are refusing because "they are within there rights to update CRA about defaulted accounts" So my question is, Where do i go from here as this has been going on to long and i feel they should have resolved this in that time.

Hi all, I am owed money by a client and she is "declining" to pay. The payment was due three months ago and although there is a signed contract they are refusing to pay up. I want to take them to Court, but they are playing silly buggers and as they go in and out of the country I am concerned that they will get any judgment against them set aside on the basis that they were not here to defend it. (I know I can fight the set aside, but this is dragging on forever. ) So far she has had the Letter Before Claim, which she replied to by email on the last day specified in my letter and was arguing again that she didn't want to pay. I therefore replied by email immediately that we would leave it to a judge to decide and I specifically asked her if she was going to be in the country for the next 21 days, because I know she often takes trips at this time of year. I asked if the Claim could be sent to her lawyer if she was going to be away. I received no reply. One week later I emailed her lawyer who responded a few days after that to say that the client was out of the country until at least the middle of October. Of course I have no means of knowing when she actually left the country because I wasn't told she had gone until almost two weeks' after I had asked that question. The lawyer said that the client wanted the claim to be sent to her personally, rather than to the lawyer, and this of course delayed things further. Last week I emailed the client again who responded yesterday to say she had been out of the country with no email access (which I don't believe). I emailed back immediately and asked if she was planning any further trips and of course there has been no reply. It's a simple enough question but again she's ignoring it. Obviously if I don't hear by the end of the week I'll email the lawyer again and if she's on yet another trip with an open-ended return ticket everything will be delayed yet again. I would like your opinion. I think it is blatantly obvious that these are all delaying tactics. Do you think a judge would agree? Wouldn't anyone who thought their Defence was good want to get on with it? I would. Also, can I make any statement in the original claim about the delaying tactics? Her reason for not paying, by the way, is because there are certain terms in the contract which state that I will, on the client's instructions, undertake various services. It's quite clear that a client may or may not wish me to provide these services. She did not want me to undertake the services, which I was willing and able to do, saying she was happy to handle these matters on her own. Now she says because of this she does not have to pay me. CPR 3.9 states that an application for relief must be supported by evidence. If I issue a claim and she argues that she was out of the country and could not defend, can I persuade the judge that she must produce her passport. Also, can the email correspondence about her travels be used as evidence to show that she was aware of a pending claim, and could have instructed her lawyers, but chose not to, and completely ignores direct questions about when she will be around. Any thoughts would be very gratefully received. I am absolutely sick of this. DD

Hi there, thought I had posted this but it appears to have disappeared? Anyway, hope you can help. In March 2010, my employer advised me that for the second time in my employment with them, they had made a mistake and overpaid me for 2 years. (I had repaid the first overpayment which happened when I returned from maternity leave and changed my hours). This time, the overpayment was around £4K. I had adjusted my working hours for childcare reasons and had only dropped a couple of hours so didn't expect to see much of a change in salary. Further to that, I had received a pay rise so didn't notice the overpayment. Then in June 2010, they advised me that they had made a further mistake and the debt was now nearer £5k!. I agreed to repay £50 a month which they took as a gross repayment and I repayed £950 before taking redundancy. This worked out around £32 per month net. On leaving work, I went to college to re-train and therefore had no salary. I entered into discussions with my ex-employer who were demanding £60 per month net. I explained that I felt it was unreasonable for them to demand repayments that were double what they had accepted while I was in employment when I was not earning. I made an offer of £20 per month which they rejected demanding £30 which again I disputed saying that they could not expect me to pay the same amount of money that I had when I was employed when my circumstances had changed so dramatically. (The problem is that I cannot find this e-mail anywhere - a number got lost when I moved from BT internet to gmail). I heard nothing then until a letter came saying they were taking me to court; which I am embarrassed to say that I ignored. I have now had a letter saying a CCJ has been registered against me and if I do not pay by 28 March, they will commence legal enforcement. I work as an actor now but I have no regular income and am currently not working other than some casual front of house work at a local theatre but there is no guarantee that I will have regular work. My husband has an income so I am not entitled to any benefits but things are not good between us and I do not receive money from him as he pays all the household bills, mortgage and food etc. I don't know whether to just start paying them the £20 a month I originally offered or to apply to the court to get the judgement set aside. Can anyone advise me please?

I got a MCOL default judgement against a company and they have applied for set aside. I know they can't be claiming they didn't receive the claim because they phoned the court as soon as they got the judgement and claimed they had responded in time. I've got a one liner from the court just saying it's been transferred to my local court for a set aside hearing and I'll be informed of further details in due course. I have no idea how the process works at this stage so I'd be really grateful if someone could answer the following - and let me know anything I've failed to ask I thought a set aside hearing would be in the defendant's local court. Is it normal for it to be transferred to the plaintiff's? Is the excuse that their response was lost in the post a reason for set aside? Do you have to give a reason or do you just pay your money and the process starts? Does the plaintiff get invited to a set aside hearing and if so would it be wise to turn up with all our evidence as it may turn into the actual case being heard?

I have (had) an excellent credit rating and have a job that would be affected I think by having a CCJ. My mum bought a property 15 years ago and put in my name but she continued to live in it, we had a deed of trust saying she was responsible for all the bills, and all bills were in her name, She passed away at the end of 2012 and I was her executor, I looked at all her papers and contacted all the relevant parties, utilities, council tax etc to let them know my details and that I was now responsible for bills. The property was a flat and there is a managing agent, I told them my details. However I didn't realise that ground rent is collected by a separate company and did not contact the agent for the freeholder (my mistake). 6 month after my mum died I let the property out, the tenants said they'd pass on any post after that time. As the ground rent is only due every year and had been paid just before my mum died, no letters about the ground rent arrived before the tenants moved in. Today the tenant contacted me with a letter she opened as it was addressed to the occupier, it transpires the ground rent of fifty quid was due in October 2013 and as it has not been paid, the landlord got a CCJ in January! The tenant said a few letters had come in the last few months but she'd just put them aside for me for next time I came round. I had no idea this money was due, I thoughtI had faithfully notified all possible third parties of my details when my mum passed. I am willing to pay the full amount due including all the added costs and charges (which seem fairly reasonable for solicitors, the total is now about £ 250), however I am desperate to have the judgment removed from my credit rating. As the judgment was more than 28 days ago apparently even if paid in full it will stay on my credit file for 6 years. I spoke to the solicitors today and they say as they served on my last known address (and checked the land registry, property in my name, no other address for service) that unless they have done something wrong, the court is likely to refuse even an agreement to set the CCJ aside as the the judgment was correctly obtained. Apparently the solicitors have been refused consent orders to set aside in similar circumstances as an attempt to "credit whitewash" so they say there is nothing they can do to help me with regards to my credit rating even if I pay in full now. My credit rating is ruined for missing a one off payment of 50 quid that was less than 3 months overdue when the judgment was obtained! The ground rent of 50 quid per year was due a year in advance so the rent period it covers hasnt even expired yet (ends Oct 2014). The only thing I can see possibly wrong with what they did is that I think they may have claimed for a letter they didn't send, they sent me copies of all correspondence today and I can't see in that correspondence a reminder letter they claimed 45 quid for. They may have just forgotten to scan and send it to me but I've asked them to check. Would a wrong amount claimed for be a ground to set aside? I haven't yet got a copy of the claim form as I apparently need to ask the court for that, although tenant is now sending me all the post (!!!) If I explained the circumstances to the court in an application to set aside, i.e. genuinely thought had notified of address, but they obtained CcJ so quickly did not have time to collect my post, do you think I have any chance? Please please can anyone help with any ideas of what to do now. Many thanks in advance.

I have a hearing on Tuesday for a set aside for a CCJ from a company called Westcot. They applied for A CCJ last year that I only noticed on my credit report earlier this year. The CCJ was recorded at my old address which I moved out of 6 years ago. My defence is that I never received any paperwork, no court letters or default notices from the original creditor who are called Provident and also that they had access to my credit file so would have known that I moved as my new address had been showing for some time as has my registration on the E Roll. I haven't had time to SAR provident to obtain information so I have nothing pertaining to the debt orthe agreement. Just wanted some advice as to what to expect as I am really nervous I was just going to turn up on my own, no solicitor but don;t know what I need to take to prepare and what questions may I be asked to answer? Will the court look at me less favourably for having the debt? Or will the fact remain that I hadn't received anything?

Hello Forum! this is my first post so here goes. My student account was recently changed to a graduate account in august 2013. last month 16 November - 15 December i went over drawn 4 times. 25 nov - £28.83 4 Dec - £64.76 11 Dec - £140.32 12 Dec - £187 each time incurring a charge of £25. I was not aware that these charges would be taking place until i received a letter notifying me that on 6th january they will be taking £100 from my account. after calling HSBC they notified me that since this letter went out i have received a further £150 in charges for exceeding my overdraft. bringing us to a total of £250 over the next two months. any advice on how to contest the charges? i realise i didn't read the changes in terms of my bank account with hsbc upon graduation but feel these fees are far too high for what i went over. in most cases for a day or two. i am currently only employed part-time whilst i set up my own self employed business and fear that these charges will be crippling to me moving forwards in the new year. ------------------------ after speaking to hsbc on the phone further, they have agreed to not charge me any interest on the account untill february when they expect me to be back within my overdraft limit including paying charges. as a goodwill gesture they waived £50 from the second months charges. leaving me £200 out of pocket................... suggestions welcome!!! many thanks

Hi All , I have just received a statutory demand from Lovell via BW legal stating that they have bought a debt from Lloyd bank . I have always denied owing this amount to Lloyds(£3000) and asked them to take me to court to argue it . this so called debt incurred as they decided to cancel my overdraft . I came to an agreement to reduce the overdraft by £50 per month initially and was managing fine , then they changed the rate of repayment to £100 per month which I could not manage and assigned some ludicrous amounts in overdraft excess fees to my account and debited these even if it meant I would be over the limit but did not hesitate to reject direct debit for mortgage or utilities (I was at the time receiving family and child tax credit.) i have been reading the forum and need some help with the following points . What is caa and who do I send it to ? does anyone know if the Lloyds compliance department is still in Chatham and is it the best address to send the SAR.? finally , I will need general help on how to proceed as I am well out of my depth Many thanks for your understanding Remi

Hi all, Very long story short - I received a CCJ as the claimant sent the forms to the incorrect address. This was paid within a month of the judgement - however I was not sure whether it was within a month or not. So as I was applying for a new mortgage in the short term, I applied for it to be marked as satisfied, but also took action to have it set aside. The court took their time after supplying the information to set aside, but then I phoned the court to tell them that I wanted to cease the action to set the CCJ aside, as it was no longer applicable. They asked me to email them - I did. I have proof of this. However, despite this the hearing went ahead. The judgement went against me (surprise surprise) and the lawyer representing the claimant have claimed expenses of 2,000. (I only received their statement of charges and their defence the day after the hearing). I wrote to the court and complained. No answer after 13 working days. I wrote to the senior manager and today I have received the same piece of paper as after the first hearing indicating that the judge orders me to pay the costs - but with one change - the date and the phrase updated. Can anybody help in outlining what I can do next? Thanks.

I have been reading through some of the posts and I must say you are all so helpful. I wonder if someone could help me please. I owe £4k to Birmingham Midshires in arrears for my mortgage. A suspended possession order was taken out in January this year. I was working but in April the contract came to an end - my Father also became ill and 10 days later he passed away. I was not in right frame of mind through the summer months to find work etc. I told BM this and kept them involved as to what was happening. I am now back at work - as soon as I told BM this they executed the SPA and evicition is meant to be happening next Wednesday 21st November. I have been dealing with their solicitors Drydens Fairfax. A few weeks ago (before they sent notice) I sent an income and expenditure form offering them the monthly payment plus £200 per month - this was rejected and was served with the eviction notice. Drydens said that they would stop the warrant if I paid £1254 in a lump sum - I just havent got that sort of money until I get paid with my first wages on 25 Nov. I spoke to Bailiff at the court and she was very helpful - said that I should apply for an SPA because the mortgage company should have accepted my new offer and as I am working have a change of circumstances etc. I applied with the N244 notice yesterday and have been giving a hearing date of 20 Nov at 10am - day before the eviction. What are my chances do you think? Do you think the courts will be on my side? I am so scared. I have a 7 year old daughter and just dont know what to do if I lose the flat. If it is denied - will I still be evicted on the 21st? Any help or advice would be much appreciated.

Hello. I am currently in an IVA (4th year now) I have recently opened a basic account with the new TSB. One of my creditors is Lloyds. My wages have not been paid in yet. I am wondering if my money will be safe there now that the bank is now a separate bank within Lloyds until next year. Their (TSBs) new terms and conditions state that the offset right will no longer apply to accounts outside TSB and vice versa. Does anyone know if this is correct and if my money will be safe. Thanks.

I think I am right in thinking that you cannot place a claim in advance for JSA, fairly sure of that ... (?) but if someone is moving area and knows the date they will be moving in to their new home are they able to place a claim for housing benefit from that moving date giving the date in advance? Reason being someone I know is due to move in 2 weeks and has the money for the deposit and rent in advance for the first months rent but then will have no money at all for the next months rent so we are worried that the housing benefit will not be processed in time for it to have started arriving in time for them to pay the second months rent and thought if the claim could be placed in advance of the move it would give the LA more time to process things and the money would more likely to be sorted in time for the rent. Thank you.

Hello all! My question is, if I make a claim for PPI against a credit card that I defaulted on back in 2006, that is still with the OC, are there any arguments that can be raised to prevent them off-setting any settlement sum against the outstanding debt? I haven't paid or acknowledged the debt by the way. All thoughts appreciated! Figgydoody.

http://www.bbc.co.uk/news/business-23791252

I'm trying to complete forms 6.04 and 6.05 to have an SD set aside. I just wanted to double-check a couple of points if that's ok: 1. What do I put as the title on the forms? I assume it needs one as it has (TITLE) stated at the top 2. on form 6.4 do I need to put anything in the date, time and place fields (as below): attend before the Registrar/District Judge as follows:– Date Time hours Place 3) On the section below, is this my name and address needed? (d) State the names and addresses of the persons to be served The names and addresses of the persons upon whom this application should be served are:– (d) 4) If it is my address needed above, what address goes here: (e) State the applicant’s address for service The applicant’s address for service is:– (e) Many thanks, in advance.

Hi, Its been a while since I have needed some advice thank goodness! Right cut to the chase... In 2007 a CCJ was entered by Neslon Guest on behalf of LTSB which I managed to get instalments of £50.00 PM. They then went for a charging order on my property at the time, I went to court and it was discharged as no paperwork, lies etc.. In Feb 2010 it was then Set Aside. Removed from registry trust etc. So I lowered my payments to them to £1.00 PM as a gesture of goodwill and to stop further enforcement. I have now received a letter from Wescots with no Claim Number and (for a balance 300 pounds above the actual Concessionary Arrangement Statement from OC), stating that I am in default of my CCJ-overdue payment and that I have 7 days to pay this default or they will commence enforcement action, charging order,order for questioning etc. My question is do I dig up the grave and send a CCA request to Wescot and a SAR to LTSB ready war? Or do I have nothing to worry about as its been set aside and should report Wescots to the FSA?? Thanks in advance!!

At the hearing for setting the judgement aside the claimant was unable to supply any evidence and had sent the court documents to the wrong address. My application to set aside was granted. What will happen next? Can I claim the costs I have incurred? Thanks

Hi after a messy divorce affairs depression and nearly bringing my life to an early end I have finally pulled myself together and I am facing up to my old debts . This is however three years later its taken me a while to feel settled enough to face up to stuff. Upon getting my credit report I have found that I have 2 CCJ's I want to try and get them set aside as obviously these will impact me on getting credit . one is from 2010 the other is from 2011 so they will impact me until 2017 I obviously moved out of my previous address when the judgment's were served back in 2010 and 2011 I had not given these two claiments my new address. I never received any paperwork and I have been in too much of a state to face things like this . They obviously sent the details to the old address. one of them is in the incorrect name Im Garry this one clearly says Barry that could be a different person !! and it is on my credit file (Ineed advice on how to deal with this weather or not I should even bother contacting the person or just ask the court to remove it ? .Im worried if I speak to the claiment I may be admitting the debt or making things worse if I have to pay it back I guess I would but if I dont have to I would rather keep the money I just want to get rid of the ccj and if its in the wrong name I think that goes in my favour ) This debt is from a nursery I don't think I had any contract with them or anything not even sure if they sent me any letters, cant remember all i have is the info on the credit file . The second ccj is from a electrician i hired from a contracting company I had no contract with them I dont think just a invoice. at the time my life was in a right mess they sent me some letters to my old address and the ccj was served there. I want to also try to get this one set aside due to the fact i obviously didnt receive the paperwork and that I was not taking care of my affairs due to all the problems I had going on around me at the time There are no marks on my credit files from these two debts just the ccjs With regards to each of the above what should i do /say with the most likely chance of success. I have learnt my lesson and i just want to try and get them off so I can carry on in the future but this time be responsible and use credit correctly

:attention: I work on my laptop wirelessly in the lounge situated near to the router and usually save work to my USB and then run (hardly) upstairs plug USB into my old desk computer (does not have internet access) to print off or scan documents. What would I need to do or buy to set up my own network so that I can print an email from my laptop, albeit, the printer will still be upstairs. Also, as my printer is also a fax, what do I need to connect to it, in order to be able to fax a document? Presumably, the telephone cable will need to be plugged in to the back of the printer? but the telephone is downstairs! I am not a novice with PC but I am not a geek either. Any help would be appreciated folks. Shelley

My situation: Defaulted on considerable debts last year built up to pay for disabled child's care after restructuring at work and an unexpected tax bill. Tax bill being paid in installments until end of next year, takes up all disposable income leaving I got quite depressed and couldn't handle it, but started trying last year and started making token payments to a number of people (once the tax bill is paid it will take ~4.5 years to pay off sizeable creditors). I also told everyone to please not apply for CCJs as a) I have no assets and b) I am an FSA registered person and it could cause me to lose my job For my MBNA card (sold to Varde investments/experto, ~25% of outstanding) I emailed them saying I owed the debt, wanted to pay and put forward payment plan (£1 a month until tax paid, then over 4.5 years balance) in August, also giving details of my new address which I moved to in May. They did not reply, but I got a letter from HL solictors threatening legal action in October (sent to my old address, on the final day of mail forwarding), so I mailed in a copy of my income/expenditure and a letter outlining my situation and offer. They acknowledged receipt of this mail at the end of October, but said they had not received the income/expenditure form and asked for it to be resent. They also acknowledged that they had updated my new address in their systems. I did not send in the income/expenditure/bank statements again as I got caught up in more corporate restructuring (financial sector these days ) Didn't hear anything back from them or about them until my compliance officer came to me a few months ago and asked about a CCJ on my file (!) This was lodged against my old address. I called them and asked for their help setting it aside, explaining the above and saying I'd be happy to do a Tomlin order as I could a) lose my job over this if not removed and b) not be able to move jobs, where I'd been offered two significantly higher paying jobs or get another job (and so probably have to go bankrupt - I am great at my career and rising fast in reputation) They asked for my income/expenditure and said I'd need to sign the tomlin order before it was set aside, as well as pay for the Tomlin order and set aside, so I emailed them in this time, I waited for a bit and then.. They called and said they'd refuse to set aside the CCJ as I had not been co-operative and it was not their fault I may lose my job They also said I did not have enough disposable income, despite me repeatedly stating that all of the disposable income I had was going to the tax man until the end of next year, for them to a Tomlin order. On the other side they said they would accept my payment offer subject to review every 6 months (£1 a month then 4.5 year payment), which confused me terribly, and said they'd send over bank details and they would push for enforcement if I didn't make the £1 payments. I was told by some that a set aside on account of wrong address is up to the judge's discretion, but when I called the national debt line they said as I didn't contest the amount it may not be agreed and I'd have to pay their legal fees? (something I can't do on my Advice of exactly what to do here would be exceptionally appreciated, I have just about pulled myself out of depression and am working hard, but this has put me on edge Sorry for the long post!

hi all, I found out about a CCJ on my credit file when I was rejected to rent a flat. I traced it and worked out they had written to a previous address and this is why I had no knowledge of it. The debt was from 2007 and for £200. I went to my local court and today was told it would be set aside as I had no knowledge of it. What happens now though? I didnt want to ask the judge as she looked a bit mean! lol. She said they would serve notice again to my new address, what does this mean? Will I get an oppertunity to pay it without it going back to court?

Hi, In 2009, I went slightly over my agreed overdraft with HSBC and they slammed me with a £100 charge. On 17 November 2009, HSBC called me to let me know I'd gone over the agreed limit. I could not afford to repay the enitre amount until I got my student loan (which was running late, due to the Student Loans Company needing medical evidence to let me repeat the year). HSBC were okay with all of this, and we agreed I would make a small payment of £15 on 3rd December 2009. I made the payment as agreed. In a separate savings account, I was collecting money from my housemates to pay utility bills. HSBC decided, on the 8th December, to use their right to set off and take £240 from this other account. 1. I informed HSBC of my financial difficulty while I was waiting for my student loan 2. We both agreed on a £15 payment 3. They gave the impression that £15 would prevent further action, but I may need to make another small payment later Considering these facts, were they wrong to use the right to set off?

I have just received a Notice of Hearing of Application for an order to set aside judgement. The defendant had previously acknowledged service of the claim but failed to put forward any defence within the allocated time frame, a judgement was then made in absence of a defence and baliffs became involved. Hasn't the defendent left it too late to do this? Also, as the claimant - is it necessary for me to attend the hearing as it would be very difficult due to work commitments? (I work in the medical profession and cannot get cover for the day). If i cannot attend is there any point in sending a friend along who witnessed the original events leading to the claim? One final question?! - The notice of hearing i have received is very sparse regarding details - it doesn't state if i need to provide evidence at this stage - is this necessary? Can anyone help with the above? - Advice greatfully received!

I'm trying to gather evidence that Santander uses applications for set-asides as a matter of course -i.e. this is the way they do business. Any pointers to cases would be very useful Ta Very Nuch