Help! CCJ from Comet Store Card - now no record of it,.?

[Agf83]

Hi there,

 

I've recently discovered I have a CCJ from a Comet Store card of around £970

which was registered when they were underwritten by Santander.

 

 

I've contacted the solicitors who dealt with the process and they say it was passed back to Santander.

Who are now New Day ltd,

 

 

I've spoken to both Santander (who have no record of it existing) and New Day who can't find any record of it either.

I need to get a certificate of Satisfaction in order to rent a property and can't seem to do so.?

 

Is my only option to write to the court to get the judgement set aside?

 

 

What else can I do to resolve it in as timely a manner as possible?

 

Thank you

[BankFodder]

Comet went into administration. The administrators were Deloitte. It may be that they are the people to contact.

 

In terms of a set aside, you need to tell us a bit more about the circumstances of the case. However you are looking for a certificate of satisfaction and this suggests that you have satisfied the CCJ. In that case, it would suggest that you agree that there was a valid action against you and this would mean that you would have no basis for setting aside the judgement. The only basis on which you could set aside the judgement would be if you had not received the papers and you had a good chance of success if you were allowed to defend.

[rebel11]

Hi Agf83

 

Welcome to CAG

 

How long ago did all this happen? What you could do is send Santander and New Day a SAR request, it would cost £10 each, they would send you all the data they have. They have 40 days to respond. Send it Recorded Delivery.

 

Give them all the addresses you have lived at.

[Agf83]

Thanks

 

No the judgement is valid, I wasn't aware of it at the time as I had moved, I'm quite happy to pay the judgement but I can't find out who it is owed to? The CCJ is from Feb 2012, and the solicitors apparently passed the debt back to Santander to stop chasing it in January 2013.

 

It seems like anyone, even the courts, have no experience of dealing with this kind of situation, as it's usually easily resolved by paying the judgement and having it marked as satisfied, which as I said I would be happy to do, but I cannot do so given the circumstances, but it also seems like the courts can only set the jugement aside because of certain criteria which I don't think this would meet?

[BankFodder]

On the basis that, if Comet is the named claimant, it is probably best to discussing with Deloitte – the administrator.

 

Although because there is a judgement against you, it might be difficult, you might gently explore if there is a little scope for negotiation to make a reduced full and final settlement in return for the certificate.

 

I certainly wouldn't dream of making any payment unless you get the certificate that you want.

[dx100uk]

I would suspect it was not the oc that got the ccj.

 

 

if you know the number can you not phone northants and get a copy?

 

 

paying the ccj off and even getting a cert wont remove it from the file

nor improve your credit rating.

 

 

paid or not, its there for 6yrs.

 

 

are you sure the rental people have said they would rent to you if you get the cert?

 

 

dx

[Agf83]

The claimant as far as I'm aware from The court is Santander Cards, who insist that this side of their business has been sold to New Day Ltd - the judgement is currently marked as Unsatisfied, and in order to go ahead with anything it needs to be marked as satisfied by the courts.

 

The certificate comes from the court, once they have notification that it has been paid

[BankFodder]

If the claimant is Santander and they are still in existence then they are obliged to accept the payment and issue the certificate. They may have sold the debt on but they cannot abandon their duties. In other words they are not entitled to sell on their duties.

 

I would write to Santander immediately and lodge a formal complaint and tell them that you want it taken to the ombudsman. Point out to them that they may have sold the debt but this only means that they have sold their rights under the contract and they cannot dispose of their duties and they have not done so.

 

Tell them that as they have sought a court judgement against you and have obtained it, they are entitled to meet all of their responsibilities under the court process. Tell them that if they will not accept the money and issue you with a certificate of satisfaction, that you will complaint to the court.

 

Do this immediately. And keep on at them. At the end of eight weeks then you will be entitled to take the matter to the ombudsman.

 

Of course I realise that you need a result much more quickly than this because you are trying to rent a property. Unfortunately the ombudsman can take anything up to 2 years. They are complete mess and it is like dealing with dad's Army. However, it could be that the prospect of having a complaint made to the ombudsman about this might get Santander to look at this intelligently instead of like a bunch of stupid morons.

 

In order to get things going more quickly, you will have to consider an application to the court. I'm not quite sure exactly how you are going to go about this. I'll try and do a bit of looking round and get back to you. In the meantime get your letter of complaint off tomorrow.

 

Don't do anything with these people on the telephone. Keep it all in writing. Keep us informed

[BRIGADIER2JCS]

The claimant as far as I'm aware from The court is Santander Cards, who insist that this side of their business has been sold to New Day Ltd - the judgement is currently marked as Unsatisfied, and in order to go ahead with anything it needs to be marked as satisfied by the courts.

 

The certificate comes from the court, once they have notification that it has been paid

Deloitte have dealt with these problems in the past as the administrators, good place to start.

[BankFodder]

In fact, I now think that your best bet might be to trying to set aside.

 

You clearly didn't receive the papers in the case.

 

Have you got it in writing from Santander and the other company that they don't know anything about it? If you can get written confirmation that they don't recognise it then I think you will get a set aside almost automatically. Then it will be up to them if they want to try and bring the case but if they got no evidence to support the claim then they will fail.

 

I think the thing to do is to file the SARs to Santander and to the debt purchaser. If they come back with nothing then apply for the set-aside.

 

The basis for your set-aside will be

 

That you did not receive the papers as they were sent to a previous address

 

That the claimants have no evidence of any debt.

 

Both of these things are true.

 

You may owe the money but frankly if they're too stupid and too inefficient with all the huge resources to keep accurate records – and if the effect of this is that they cause you problems when you are trying your best to solve the matter in the way that presumably they would prefer, then you may as well start taking your own course of action to solve the problem for yourself.

 

In your court papers you will not deny that you owe the money. You simply will say that you do not admit any debt and you require them to prove it.

[BankFodder]

Deloitte have dealt with these problems in the past as the administrators, good place to start.

except that we now find that it has nothing to do with Comet because the claimants are Santander.