Hi guys,

I am new here but I have been told I might be able to get some help.

I received a judgement in default letter from the County Court Business Centre a few days ago which came as a shock.

I know the importance of replying to any claim issued against me.

This is in relation to a pay day loan debt from 4 years ago, which has now been bought by Motormile Finance UK Ltd.

I paid some of the debt off then missed a payment, then they increased it massively and I couldn't keep up.

I moved on and heard nothing for many years until I get this judgement letter from the court.

When I phoned Moriarty Law, the firm representing the Claimant,

they told me they issued to my former address.

They realised their mistake and then sent a copy to my new address.

I received this but thought it was a scare tactic as it had not come from a court, and I would assume I would receive court papers from a court!

When I asked them why they didn't inform the court they became ambiguous and I didn't understand what they were talking about.

I have been told to set the judgement asside which is what I will do.

I am currently on ESA so apparently I do not have to pay a court fee which is a great relief.

However,

I need to know is it now too late to start the 3 letter process?

Or should I get on to this straight away so that if the judgement is set aside I will get my chance to defend the claim?

In anticipation of your help,

Jake

No 3 letter process. That is not what is advised on this site.

If this claimant creditor had your current correct address from you, before they issued the court claim, you can apply to set aside the CCJ, by completing the court forms including fee waiver. However, you really need to state a reason for defence, as to why the amount claimed is wrong or there is another issue. The set aside just means that the claim goes back to where it was before default judgement and the claimant can proceed to argue their claim.

Suggest you contact Northampton county court bulk centre by phone or email asking for the court claim details. You need to know the particulars of claim that were stated. The telephone number for the court is held in the bulk centre autolink if you click on it.

Once you have the details come back here.

Hi,

Thanks for your response. However, I'm sure I have seen elsewhere on your site people advocating the principles of the 3 letter process. As you point out if I'm successful in setting the judgement asside the court process starts again, and the 3 letter principles would form the basis of my defence, would it not?

Thanks,

Jake

What 3 letters ? That sounds like a debt avoidance strategy from years ago that is still advised by other sites that think debt can be avoided by sending letters. If the debt account was taken out before Aoril 2007, the creditor needs the original CCA, so a CCA request would work in that situation.

No magic 3 letter process.

Hi,

Yes there is I have used the 3 letter process very successfully before.

Jake

No you havent. The DCA likely laughed at you and said screw it . If the value of the debt was high enough, they would go straight to court and youd be stuck.

Please stay away from freeman of the land advice, as it wont work in the real world and will through you in much deeper trouble.

if you moved and did not tell your creditors then MMF quite legally filed the claim and got a default judgement using your old address

- there is nothing you can do about it

unless you can prove

with written evidence

that you told the original creditor or the debt buyers your new address.

as for the 3 letter process...FMOTL TWADDLE.

it only probably appeared to have worked before because there was another reason that made them run.

dx

You are both incorrect. It went to court and thankfully as I had used the 3 letter process I had a valid defence which I submitted, based on the 3 letters principles. The Claimants desisted.

but not because of the 3 letter fmotl process

you are talking about the FMOTL process yes

or do you mean some other 3 letters

where did you get them from?

anyway...

whats the date of the CCJ

and is this on your credit file?

and just to clarify an earlier enquiry..

no whatever you do [requesting paperwork etc] is not a defence to the debt

to go with any set aside reason [if you had one..which you don't appear to anyway - costs £255 ]

the fact default judgement has been attained and you have already gotten a CCJ

trumps the need for them to now hold any enforceable paperwork.

if the CCJ date is within 28 days of today then it might be cheaper for you to simply settle it quickly

then the CCJ wont get registered.

another sad example of running away from debt and not informing your creditors you've moved

as this is a PDL have you looked at the whole picture?

as if you already had defaults or numerous PDL's already

you might be able to hit the original creditor with an irresponsible lending claim

that might be a way out and get things nulled

You are both incorrect. It went to court and thankfully as I had used the 3 letter process I had a valid defence which I submitted, based on the 3 letters principles. The Claimants desisted.

Try that with a legit debt. Not a bogus one with a bottom dwelling DCA.

But lets leave all that aside.

Hi,

Well all I can say is that I used the 3 letter process once before, the case went to court and I submitted my defence based on the 3 letter process and then the Claimant's desisted. It was not a win in the true sense no, but it made the other side go away and no judgement was registered against me.

I know that at some stage the debt has been purchased by Motormile Finance UK Ltd (MMF). It was originally a pay day loan. On Friday I phoned Moriarty Law who stated that they received the original debt as £200, but that was what I originally borrowed and I made payments on that. All I know is that within 4 months the debt was at £700 and I just could not keep up.

My landlord at the time then asked us all to leave the house as he was returning to do it up and sell it, so we all had to move on and I left the debt with that house. I was in no hurry to give the creditors my new address after their awful attitude and customer service, and I needed time to sort my finances out which were in a horrendous state. During the last few years I have managed to sort my finances and have managed to avoid a County Court Judgement, up until now.

Jake

Your next step is to get hold of the court claim details, to see what the claimant stated. Find reasons for a set aside, other than the address issue.

If you have any other debts, make sure creditors have your latest address.

In regard to the 3 letter process, that does not really work anymore and tactics in defending a debt depend on when the original account was taken out. Better to look at each debt and come up with a tailored strategy, rather than thinking one 3 letter process is effective in every case. Just as a warning, the owner of one ' debt avoidance' site that still advocates the 3 letter process has just ended up with a huge debt they can't pay. How many people follow doubtful advice and end up in a worse position ?

Just look at the financial legal page on CAG and see how many successful outcomes have been achieved by people.

whats the date of the CCJ

and is this on your credit file?

Hi,

The date of the CCJ is 19th October 2017 and yes it has already appeared on my credit file.

Jake

well it shouldn't be registered yet really its within 28 days

if you pay it it will vanish

twill be cheaper than a £255 set aside which you don't appear to have a reason for.

then argue IL after with the OC

Hi,

I'm pleased to say that on submission of an N244 and having the judgement set aside, the other side reduced the debt by 45% and I avoided a country court judgement.

Jake

I've moved a post on your recent thread here to conclude this

Hi,

 

I'm pleased to say that on submission of an N244 and having the judgement set aside, the other side reduced the debt by 45% and I avoided a country court judgement.

 

Jake

So you paid 55% of the claim ?