Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

+ Reply to Thread
Results 1 to 5 of 5
  1. #1
    Basic Account Holder DT&FE Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2007
    Posts
    114

    Default Setting aside a charging order and default issued CCJ *** WON! ***

    Folks

    We could use your help and guidance. I'll keep it brief around 1997 took out a loan with Clydesdale for 3400 (payable a 122 per month = total of 4032) over 36 months, in 1999 wife gave up work due to pregnancy so we went on reduced payments (having paid around 24 months = 3136), then moved with work in 2001, wife could not get another job, went on with reduced payments and in 2003 a CCJ was issued on behalf of Clydesdale, I never had the chance to go to court and received no notice at the time that it was proceeding only received the final papers, stating I now owed 9255.05 !!


    Tried to put some arguments forward, after the CCJ, to Clydesdale solicitors but to no avail and started monthly payments, which I stuck to (and even increased over time). Jan 2008 receive letter from solicitors to say make no more payments to them as the debt had been sold. Received a letter in Aug 2008 from MARLIN FINANCIAL SERVICES stating they were now looking after the account and demanding 13,989.75, contacted them and questioned the amount was prepared to continue with the now 60 a month, they said they would speak to their clients (Pheonix Recoveries (UK) Ltd) and get back to us. Nothing happened, until 19th July 2009 when we received court papers for an interim charging order hearing on 18/09/09.


    Banged in a SubjectAccess Request (now I know more about these things)!


    Received a letter from solicitors representing Marlin (Mortimer Clarke Solicitors) on 13/08/09 stating that the Final amount applied for will now be 7,265.05.

    Yesterday received some of the documents requested, however no CCA, a log from the solicitors has an entry stating: "Received email from NAB today stating the actual balance that should have been assigned to Marlin should have been 5,632.46" (this is the fourth figure they have supplied me with they were as follows: 1) 13989.75 2) 9255.05 3) 7265.05 4) 5,632.46

    Then it goes on to say that "due to the age of the account, they were unable to supply a copy of the original agreement"

    Is it worthwhile me asking the Judge to review the original case? It was issued by 'default' because no defence was submitted. Also statements of the account show that every payment I have made has been ADDED to the balance not deducted from it. Another strange thing is the account transcript has things like CAB repayment agreement made (I never went to CAB), and debtor works offshore (I've never worked offshore in my life!!!) as entries. The payment record shows that prior to the original CCJ 1444.65 interest was applied on this occasion they have added another 429.

    None of the letters supplied are original or on headed paper, one one document is a copy of an original and that is a letter from the court stating "Your application dated XXXXX has been placed before the District Judge who directs that your application to substitute a new claimant is dismissed as it fails to comply with the requirements of CPR 19.4.4 & supporting practise direction 19PD.2). What does this mean?


    We get more correspondence yesterday stating that there has been a restriction placed on the property and that the amount due is now 5,572.46. Documents also state that this original CCJ was as a result of a defaulted credit card agreement.....I never had a credit card with Clydesdale.

    HELP!!!!!!


  2. #2
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    robcag Highly informative robcag Highly informative robcag Highly informative robcag Highly informative robcag Highly informative robcag Highly informative

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2007
    I am in
    SW England
    Posts
    1,650

    Default Re: Setting aside a charging order and default issued CCJ

    Hi DT&FE

    Quote Originally Posted by DT&FE View Post

    None of the letters supplied are original or on headed paper, one one document is a copy of an original and that is a letter from the court stating "Your application dated XXXXX has been placed before the District Judge who directs that your application to substitute a new claimant is dismissed as it fails to comply with the requirements of CPR 19.4.4 & supporting practise direction 19PD.2). What does this mean?
    Sorry I can't give you much help on this, but your statement above regarding Marlin/Mortimer Clarke having an application to be substituted as Claimant dismissed by the court because of the reason given rang a bell with me as it seems to be very similar to what happened to them in my case.

    ATM I'm opposing an 'Application for an Attachment of Earnings Order' made by MC against a judgement debt obtained originally by HFC Bank Ltd. which Marlin/Phoenix have alleged has been assigned to them.

    The grounds I am using to oppose this are mainly that no lawful assignment has taken place.

    I have not SARicon'ed MC or Marlin/Phoenix (as you probably know, they are members of the same 'gang'), but when I phoned the court recently I was told similar to what you have stated above, see my post here;
    http://www.consumeractiongroup.co.uk...ml#post2373183

    What I'm getting at is, given the fact that the court has refused them permission to be substituted as Claimants, then surely they are also acting unlawfully in your case (i.e. they are not entitled to do what they are doing)?

    I have basically made those allegations further back in my thread here (although the final submitted version was tweaked slightly), post #71;
    http://www.consumeractiongroup.co.uk...ml#post2324113

    Cheers
    Rob


  3. #3
    Basic Account Holder DT&FE Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2007
    Posts
    114

    Default Re: Setting aside a charging order and default issued CCJ

    robcag et al

    Sorry for not posting this earlier (i took me ages to find the threead again!!!!) but I WAS SUCCESSFUL IN GETTING THE JUDGEMENT set asideicon!!!!!!!! Maybe one of the site team could change this to WON


  4. #4
    Site Team sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci Authoritative sequenci's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    I am in
    it to win it
    Posts
    15,804
    Blog Entries
    1

    Default Re: Setting aside a charging order and default issued CCJ *** WON! ***

    Congrats

    I'll update the title!


  5. #5
    Basic Account Holder DT&FE Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2007
    Posts
    114

    Default Re: Setting aside a charging order and default issued CCJ *** WON! ***

    Everyone

    In my excitement at eventually finding the thread, I forgot to thank everyone (and you are too numerous to mention) for their advice, guidance and more importantly the support I needed to take on these people, I am ever grateful.

    This new found confidence had allowed me to challenge them all, the war isn't won, but it is winning each individual battle and standing up for my LEGAL rights that has been has given me more and more confidence and one day I hope to be confident enough to GIVE advice and if I can claim anything back, donateicon.

    A quote from the fosicon, whilst raising a complaint (he he) "these DCAS are bullies, cheats and generally liars. If they found you hanging off a cliff by your fingernails they would ask you to make a payment before they helped. The more consumers that complain the more chance we have of dealing with the more notorious of them"

    Once again folks THANKS

    Follows
    0
    Following
    0


Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE