Ask a Bankruptcy Lawyer. Get an Answer ASAP.
Hi, thank you for your enquiry and your patience. With the application to set aside unless they have the evidence that the claim was sent by traceable mail and they provide the certificate of service you could rely on Rule 13 for your application. A creditor's responsibility is to serve on last known address and if they can show that that is your current address there would be prospects of succeeding with the application. Now with the documents whereas historically the creditor was responsible for providing you with a copy of the agreement that you would have signed, they can now provide the terms and conditions that would have been applicable at the time when you applied for the credit. It will be difficult to support an argument that the debt is unenforceable simply because you have been provided with the standard terms and conditions. I think you may want to apply for the set aside with the hope that they have nothing to evidence the sending itself and then although there may no established prospects of success you would get an opportunity to settle any judgment within 30 days of it being made preventing the CCJ appearing on your credit file. I hope this is useful to you.I would be grateful for your rating at your earliest convenience. All the best