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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6454
Experience:  Solicitor
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Quick Question - I received a CCJ on an alleged debt

Customer Question

Quick Question
- I received a CCJ on an alleged debt [Barclay card] - related to their takeover of egg card in 2011
- went through the process of 'setting aside & told the judge he may have been mislead and that the sum
- he ignored me and dismissed any claim to set the {so called debt aside)
- I have since found the Credit Card -in a drawer - still attached to the letter from Barclaycard in 2011 (pin code also 'window' unscratched)
- the 'Debt' - seems to have been a 'Card protection scheme they added [some £76 - per month] the card expired last year - and any phone calls from 'debt collectors - rather like the 'statements' were ignored - because I could never have had a contract with these people in the first place.
His view - It's called commerce [his very words]
My view - It's called Fraud - my reply.
- I did not have the card at the time - I just knew it couldn't be 'right'
Now that I've found the card
Can I get the set aside [which request he dismissed] - cancelled.
- because
misrepresentation is a crime -
even if it's by a solicitor -- because someone along that Court process should have realised that
1) the account was never used
2) The 'Debt' - was all related to a PPI scheme - which I'd never asked for in the first place.
I'm filling in the paperwork for PPI claim - (although how that's going to work I don't know - because I'd never actually paid anything - they just rolled it up monthly & added interest) - then presented it as a 'Debt' when the card expired
But how do I stop the CCJ ? - no one in the court system seems to listen - and only thinks the bank must be right
The whole thing is a complete farce.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

To be clear your application to set aside was dismissed?

Customer: replied 1 year ago.
The judge dismissed it- although in the letter, response which accompanied the request for a hearing - I did outline that the 'debt' was likley due to PPI - so had nothing other than the request to 'prove the debt' - or rather substantiate the debt - or the principal -- which neither the court - nor Barclay cards solicitor ever did.I did have an Egg Card, - again - in the drawer - but there was never a ppi thing with Egg - as I'd have refused it if offered - Barclays seem to have stuck this thing on without a mention.
- Statements always went straight into the bin - with the other junk mail.- I only found the card a few days after the hearing - have phoned a local solicitor - but because the total sum is less that £10,000 [the sum being claimed is around £8000 - have no idea how much of that is made up with legal fee's etc - the whole thing is a mess]
The solicitors advise was that it would cost more in legal fee's to correct.- how do I get the CCJ reviewed or suspended - it's quite obvious something severely wrong with the system.
Customer: replied 1 year ago.
Barclaycard took over Egg bank in 2011 - just in case you were unaware.
Expert:  Jamie-Law replied 1 year ago.

When was it dismissed?

Customer: replied 1 year ago.
the hearing was on the 9th of September
Customer: replied 1 year ago.
I found th card & letter about a week or so afterwards
Expert:  Jamie-Law replied 1 year ago.

This year?

Customer: replied 1 year ago.
this month
Expert:  Jamie-Law replied 1 year ago.

Ok. All you can therefore do is appeal the decision.

You can't make another application to set aside as the judge has already made a decision on the matter.

All you can do is appeal, for that you need to complete an appellants notice n161

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
what happens then & is there a time limit to make the appeal application
Expert:  Jamie-Law replied 1 year ago.

Usually 21 days but you can appeal out of time

Does that clarify?

Expert:  Jamie-Law replied 1 year ago.

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