unknown Carter CCJ for Tesco Credit Card - set aside help please

[Braveheart12]

Thanks Sobreity....Bryan Carter's knew my new address as they had sent letters to my new address proir to commencing court action and sending court papers to my old address.

Edited September 27, 2010 by Braveheart12

[freethemice]

Point 1 I would make is that this thread is still in the legal success forum and should be moved

 

Point 2 would be that your only argument about the claim seems to be that this included fees and charges. Be very careful here because if you do get the decision reversed and go to full trial the legal expenses could easily outweigh the benefits you would get from reducing the amount owed due to fees and charges. I would not expect the court to wipe out your debt because it includes fees and charges only to reduce the amount owed.

 

Yes they were wrong to send this to your old address but you do need to weigh up wether it benefits you to fight this decision.

[Braveheart12]

Thanks for your input freethemice. The reason I am trying to get this set aside is simply to remove the CCJ and the powers it enables Tesco/BC to take against me. I was not expecting a full trial! is this likely to happen?

 

I am preparred to risk £75 to remove the CCJ, then deal with any future action as it arises.

[Braveheart12]

After reading up on Default Noices again I believe that Tesco Terminated the agreement on the back of an ineffective Default Notice. I think I'll add that as well, surely that add to my arguement to set aside.

[Sobreity]

Well, it seems, they aren't even too bothered about acknowledging they even receive an N244.

 

 

I faxed mine, a few days later emailed to ask if they got it,

 

 

they replied saying 'good afternoon, we have not received your 'n245'!!

 

 

I got confirmation saying the fax went though, but this won't do me much good.

 

 

I then posted the N244 and they're saying they still haven't received it.