CCJ abuse of process ?

by **daveiron** Sun Jun 25, 2023 8:55 am

I have noticed an increasing number of folks comeing to the site with the
same problem. ie demand for payment via a CCJ they had no proir knowledge
of.
Its become very clear that this is an underhand tactic used by debt purchasers
and others.
They clearly know or should know that the alleged debtor is no longer at the
address they hold. Result a CCJ gained by default. I would imagine at this point
most people would think its game over for them.

I put this here for discussion to get ideas how we can counter this practice which
is very clearly an abuse of process as ;
CPR part 6 .9 states Place of service Usual or last known address .

6.9.3 States ,The claimant must take reasonable steps to ascertain the defendants
current residence. (thanks to urchinatheart)

Which begs the question ,how could they not locate the defendant before the CCJ
was issued ,but are able to locate them soon after.

Should we be sending a DSAR to include but not limited to the name and address
of all organisations and agencies that were contacted (via our data) in their search
efforts both before and after the CCJ.

Yesterday i looked online and discovered many agencies who conduct searches,
and just how easy it is to locate someone . phone contracts,DVLA, utility companies
the list is extensive.

My thoughts at present are,should we formulate a letter to require they address
this issue . the replies may be of advantage when seeking set aside.

by memegirl777 Tue Jul 11, 2023 3:06 pm

I checked my credit file a couple of months ago and found a company called Trulioo had searched 4 times in a year ,
Googling this company it seems that searches are exactly what they do ,
I use Check my file as it is more informative and does not sell your data ,
Surely if people see such a company on their searches an SAR Req could bring up who they where searching on behalf of and what the searches found ,
If the CCJ was sought after the search company found you had moved address this is some form of fraud missus of Courts etc ?

by **daveiron** Tue Jul 11, 2023 5:09 pm

Agreed, i think a DSAR should be sent,it could be important ,as you say.

by waylander62 Tue Jul 11, 2023 5:18 pm

it is a good point and debt buyers are notorious for it ( i have found lowells in particular )

can't say i have ever tried anything because have not come across it in practise

but beware the ' last known address' bit because this is where the DB's argument will be focused , they will have evidence of that address, and you would need evidence that you informed them of your move or find something to prove they were aware such as your suggestion.

it always leans on the side of the claimant in these cases as always.

by **Mrblue2015** Wed Jul 12, 2023 2:45 pm

Great idea of you to raise this (very important) subject Dave. I'll contribute as best I can, but I'm just not on your level of expertise (not to mention, I'm struggling for time these days).

by **Mrblue2015** Wed Jul 12, 2023 2:47 pm

A question if I may?

If you are issued a CCJ that you can later prove (via a default notice etc) was for an alleged debt that had long since been Statute Barred, where does one stand?

If you can't reverse a CCJ (even with evidence) then if we're not careful, then (surely?) all debt purchases could start doing this, even making money from Statute Barred debts...

That, in turn, could make everyone abandon the letters/notices etc we created, because they would then understandably think something along the lines of:

"What is the point, if debt purchasing companies are going to keep coming after me for many years, even after Statute Barred, and I could STILL get a CCJ? And given the implications of a CCJ, it's now become a a much safer bet to simply repay all alleged debts or use a debt consolidation company and put all of this behind me once and for all!"

(You get the idea...)

by **daveiron** Wed Jul 12, 2023 4:00 pm

I think this covers it Mr Blue;
https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

I also think we should pay more attention to this and be using it .Its one of
the reasons its in the notices;
https://ugetube.com/watch/case-law-why-banks-must-dishcarge-documents-and-notes-back-to-you-mp4_HNG6EtHsPxv2pTM.html

by **Mrblue2015** Wed Jul 12, 2023 8:30 pm

Thanks Dave Smile

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