missed ccj deadline - lost set aside - for a fraudulant account from 2008

[firefoxuser]

Hi all

 

i need help please with regard to a CCJ

 

i received a claim form from the court with regard to some debt which was not even mine but it was report as fraud in 2008 for something credit by HFC accord to the lowel profolio.

 

I have no idea what they want from me, even my name last name on that letter is one of my middle names, i have called them and advised them of this matter.

 

i did not send in the claim form back to the court or rather missed that date, so now i filed for the judgment to be set aside in, hearing was today on the 11/08/2017

 

but the judge was only focus if the name on the letters is my name which is my first name and middle name but not my last name, the judge was completely on their side and not listening to what i have to say, that this was not my contract to pay and it was a fraudulent contract.

 

now they have given me sometimes to submit a defense for the 27th..

 

my main focus is to get the CCJ removed one way or another even if i have to pay it to get it off my file, i am aware there is a 28 days,,

 

What are my chances on getting the ccj removed or set aside

 

and what is required of me on the defense sorry but this is my first time to get something like this or to be involved in one.

[dx100uk]

welcome

can you complete this please:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

and the defence you filed

the witness statements if you/they filed one?

 

and the reason for your set aside and the defence used for that.

 

one multipage pdf for each will be best please

follow the upload

 

dx

[firefoxuser]

CLAIMANT LOWELL PORTFOLIO 1 LTD

 

11 MAY 2017 – DATE OF ISSUE ACCORDING TO THE COURT

 

DID NOT RECEIVE THE CLAIMANT FORM

 

What is the claim for – the reason they have issued the claim?

The claim is for outstanding debt relating to a credit from HFC, firstly it was a credit agreement reported as fraud among 2 other accounts under my middle name and not last name.

What is the value of the claim? £810.28

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit from HFC

 

When did you enter into the original agreement before or after 2007? the agreement was between 2008-2009 as i am not aware of a particular date all i know is the year.

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No i was not aware of this

 

Did you receive a Default Notice from the original creditor? No i did not receive any letters of default as this was reported as fraud

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No i have not received any default letters related to the above

 

Why did you cease payments? There was a single direct debit payment and that's when i reported it

 

What was the date of your last payment? 2008 or 2009

 

Was there a dispute with the original creditor that remains unresolved? reported as fraud to the original creditor

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a Debt managment ? No as this was not my initial debate with them.

 

I set the judgment aside

had a heading on the 10th,

 

they have advised me i have until the 24th to submit a defence, and to make a payment of 120 to the solicitor who is representing the claimant,

i have never been on this situation before and i do not want to have a CCJ for the next 6 years for something i have not done or even used.

 

As advised on this site i have put together a CCA request which am going to forward to the claimant tomorrow,

can you please assist me with the defence and what are my chances on getting this resolved.

[dx100uk]

have you any paperwork from the time reporting this fraud?

 

my gut reaction is to go the easy way out

file the statute barred defence and be done with proving fraud.

 

p'haps andyorch will comment.

 

can we had the POC as its written on the claimform please verbatim.

[firefoxuser]

Thank you for the reply

 

No I don't have any paper work stating it was reported as fraud as this was back in 2008, I have relocated few times since then.

 

What is the statute barred ?

 

Can I include that in my def ce starment

 

If my set aside was not successful can I still apply for statute barred ?

 

I really need help as I do not want a ccj on my file for something I did not do

[dx100uk]

click statute barred.

 

 

a defence for the original claimform. = statute barred

[Andyorch]

Yes I would go along with DX advice and submit the Statute barred defence for now...should they wish to proceed then you may possibly introduce the fraud element by way of your witness statement later in the process.

 

Andy

[dx100uk]

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date on claim form).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert total claimed from claim form] or any other sum, or relief of any kind is denied.

[firefoxuser]

Hi and thank you all for the replies

 

I am really sorry to keep bugging you guys,

 

So now do I submit my defence as requested by the court since my set aside hearing was on Thursday last week 10th ? Or do I file for statute barred ?

 

Also how do I submit the Statute barred ? Is there a template I can use ?

 

Do I submit it instead of the defence ? As I have not received the original claiment form

[Andyorch]

See above.......Post #8

 

You will have to submit it manually to the court...add the headers Claimant v Defendant and names...XXXXXXX County Court ...Claim Number xxxxxx

 

 

And finish it with a statement of truth dated.