Hi

I've been helping someone with their debts and managed to get most of them into a plan or written off due to mental health issues and advice from CAB,

today we have received a letter from a firm of solicitors along with a list of creditors (and credit file) with said persons name on...

then to find out several family members have received a copy as well..

this person owns the property they live in..

the debt in question is 2k for an old credit card debt that got sold on and sold on

we had asked for a cca request back in may of last year and

again in june (14 days after the first request) neither request was responded to..

fast forward to this year

a solicitor wrote informing they were pursuing for a ccj..

again we requested cca request from the DCA that purchased said debt and nothing..

even sending a template including postal order to the solicitor involved who never banked the postal order but never returned it either

just sent a statement of account not the cca request..

just curious as to why they would send several family members copies of this persons debt file as it were and financial details when they have no interest or legal obligation to the house the person lives in.. and is or could this be construed as a drop the ball type thing and dpa breach and report to SRA or law society..

the relatives that received said copies were ok about it just decided to discuss the business with people everywhere..

as they do like to gossip..

my question ultimately is

Link financial failed to respond to a CCA request,

Kearns Solicitors failed to respond to a CCA request..

and now they've applied a charging order

or tried to and cc'd in the family so to speak..

is this even legal?

what are the next steps..

and could some one point me in the right direction because my head is spinning..

between gossips discussing this person business driving their mental health into a further state of depression

(also has bpd and trying to keep them calm so as not to trigger)

a bpd episode..

many thanks in advance :x

let me guess

a Barclaycard debt?

they cant get a charging order with first getting a CCJ...

so what ARE they actually going on about please

scan the letters to PDF

read upload

I really want to see what they have sent - IF its true what they have sent then they could be had for breakfast.

Are you SURE that its a credit report thats been sent.? Who sent it?

Need more info.

i will update in the morning as its been a long long day

but the long and short of it is i sent a cca request it was ignored..

. as i pointed out above..

then the solicitors 'kearns' said i did not include a postal order which i did and they never banked only sent a statement of account then proceeded with a ccj..

we received zero notification about that either until this paperwork arrived today..

so now its a charging order.

.(i assume its a charging order they have gone for after digging about online and finding out this is not the first instance of them doing so)

fine ok i'm still waiting for the cca request from both link and kearns..

but i'm confused as to why they would write to the persons' relatives include a copy of the credit file..(46 pages in total) details of the whats left of the mortgage on the property...

so they got a CCJ against him

sent to an old address and he knew nowt about it?

no other address involved.

. although there is an identical address within the same city..

same street name same city just opposite ends but only difference would be the post code and obviously name on property.

. although the other one is a commercial property.

. and why on earth would they inform family members of financial details to this person when they have no financial links to the person owing the money if indeed they do owe the money

well that's not the issue is it

the issue is

the poor bloke has a CCJ

they are now going for a charging order

and he doesn't have a leg to stand on.

so if you were dealing at time

blindly sending CCA requests etc etc

what happened when you got the claimform [big brown envelope from northants bulk court?]

Agree - Deal with CCJ and Charging order first, then deal with DPA Breaches later...

Answer DXs question id day on this one...

nothing received about a ccj claim form i know to log on to moneyclaim and defend their and click enter defence then ask for a cpr31.14 from whoever is bringing the claim and zip nada nothing..

with regards to cca request

i sent 2 to link financial they never opened the letters simply returned via royal mail unopened as i sent them may and june last year recorded delivery

i thought maybe i'd got the address wrong the first time but, obviously not after digging about online and on [removed] they are known to do this.....

oh god you've not been following that fmotl twaddle have you...

its funny the claimform is the only doc that appears you didn't get

as there would have been a pre action letter of claim too?

have you got a copy of the CCJ ?

nothing as yet..

will go through all the paperwork in the morning..

and no only messed with something along those lines once..

i'm a firm believe in telling creditors that i have no money

here is my budget for the money

either accept token payments or right it off..

successful up until now and with several cca requests..

fmotl messes ya head up..

the money claim online was advice give by both cab, mas, and national debtline i think it was.

. this is the only company we have had issues with it seems.

. all the others accepted this person has severe mh issues and quite happily wrote off most of the debt or closed accounts with an unsettled balance but agreed to not pursue for fear of causing distress..

i used a template from a site regarding mh issues and writing off debt it could have been mind to be honest..

well that's link for you sadly.

so by clicking the link for the defence was a cock up of endless proportions then? arghh smh.. can this still be argued with and brought back to pre ccj and possibly a f&f agreed for this debt..

no I meant that's LINK [DCA] for you.

dx

ahhh sorry long stressful day going round in circle with this x so i've once again sent a cca request to link financial and again to kearns this time via special post (£6.50 for 2 letters) so they cannot deny receiving anything again.. just wondering what my next move would be .. this poor woman is beside herself as her financial details are now common knowledge.. including accounts frozen.. settled etc it just doesn't make sense

Thread moved to Financial Legal Issues...please continue to post here to your thread.

Regards

Andy

why don't you ring northants bulk

ask for a copy of the CCJ and the claimform by email PDF

lets see when and where they filed this

OP you appear uncertain of every thing (CCJ, charge on property etc) and may be out of your depth on this. Creditors deserve more than a 'token' payment but what debtor can reasonably be expected to pay.

Why did yo send a Postal Order, which can be cashed by anyone at a PO with min checks, rather than a traceable Bank cheque?

What date was the ccj (the default judgment) awarded against your friend?

Your friend needs to make an application on form N244 to apply to have the judgment (the ccj) set aside on grounds that the claim form (N1) was not served on him/her, the defendant.

Evidence on your friend’s credit files of the ccj is not proof that the claim form was served on her/him!

This application must be made to the court where judgment was entered against the defendant (it is most likely that the claimant obtained judgement by default as no acknowledgement of service was filed and no defence filed against the claim).

In relation to the charging order, at present the judgment creditor has an interim charging order and there is going to be a hearing for a final charging order.

Your friend must file and serve his/her response to this action by way of a witness statement, and set out the facts that the claim form was never served and that he/she has applied to have the default judgment set aside, and also set out the fact that the original creditor and this judgment creditor have never responded to the CCA request and that as a matter of law the credit agreement relied upon cannot be enforced.

Set out the relevant sections of the CCA 1974 which clearly state that a creditor cannot enforce the credit agreement if he has failed to comply with a CCA request.

The default judgment is irregular and the judgment debtor is applying for a set aside, for reason of these facts the judgment debtor requests that this court stays the proceedings on the final charging order pending the outcome of the set aside application.

The set aside application should be made ASAP! There is a court fee of £255 payable to the court for this application (N244).

Get the set aside application filed and issued (sealed by the court) as a matter of high priority and serve a copy of the sealed application on the judgment creditor, and also serve a copy of it with your friend’s witness statement objecting to the final charging order!

The witness statement must be in your friend’s own words, and verified by a statement of truth, signed and dated, and then filed to the court and a copy served on the judgment creditor (serve on his representatives – his solicitors named in the charging order application).

Does your friend have any evidence to prove that a CCA request was made and not responded to?

What date has been set for the final charging order hearing?

Please forget about making any complaints on any other matters for now, and concentrate only on the above important paperwork!

Do you know if there was any ppi on your friend’s credit agreement for this £2k?

Haunter

N244 and ex160a downloaded and filled in as on esa for mental health issues and memory loss as a result of a cva sepsis strokes kidney failure etc..

as for cca request i have sent another request yesterday to both the solicitor involved and Link aka IDR finance with a stern letter of complaint

i have now this morning obtained all copies of the letter sent out and thankfully have copies of a ccj claim and judgement given on 21st September 2017..

this is an 'interim order' we have 28 days to file an objection which of course i will do..

however i know whole heartedly this person has not received any of this paperwork other than a letter back months ago when they said they were now acting on behalf of Link and i requested a cca request then and nothing was ever received

Your friend’s set aside application should be based on the fact that the creditor was not entitled to enforce the credit agreement because the creditor failed to comply with his request made to the creditor under section 77 Consumer Credit Agreements Act 1974, and sub-section 4(a) prohibits the creditor from enforcing the agreement as a consequence of his failure to comply with the section 77 request made to him.

Even if the creditor can establish that the claim was validly served on your friend, this is irrelevant because the creditor was not entitled to enforce the agreement, and therefore the default judgment has been obtained by the creditor in contravention of s.77(4)(a) of the 1974 Act, and it cannot be allowed to stand.

Your friend should therefore request that the default judgment be revoked under CPR 3.1(7), rather than set aside.

These facts and the law is all that is required to be set out in the N244 application.

CCA 1974:

77 Duty to give information to debtor under fixed-sum credit agreement.E+W+S+N.I.

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the total sum paid under the agreement by the debtor;

(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

©the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement

Haunter

By the way, when a judgment creditor applies for a charging order, he is granted an interim charging order as a matter of 'rubber stamp' job, he gets the interim charge automatically.

Your friend needs to make the application (N244) I referred to above and seek to have the default judgment revoked (see facts and law above in my earlier post).

The interim charging order will be made a final charging order if your friend is unable to defeat it!

No time to hang around, concentrate and focus on the important stuff first - the N244 application and then start preparing the response objecting to the charging order!

Haunter

Another point is this: if the creditor now complies with this further s.77 CCA request, his compliance cannot be applied retrospectively to the default judgment he obtained, because at the time he obtained it he was in default and not entitled under s.77(4)(a) to enforce the agreement.

The court was deceived and mislead by the creditor as to the factual position before it in relation to his entitlement to enforce the agreement!

Haunter

urm....

urm? Hello dx, are you alright?

Haunter

thank you

but your logic is not

a CCJ trumps any need to provide any enforceable paperwork after the event.

post 17 needs answering lilly did you ring northants today

Oh yes I know dx.

But the interests of justice trumps all things.

The op is wasting time with requesting a copy of the agreement.

It appears to be the case that the default judgment was awarded at a time when the creditor was not entitled to enforce the agreement because of his failure to comply with the cca request.

So, even if the op's friend had acknowledge the claim and filed a defence against it, if the matter went on to a full hearing/trial, the fact of the creditor's non-compliance with the cca would have been made known to the court and the court would have to strike out his claim on grounds of no entitlement to enforce.

I hope that makes what I'm saying a bit more clearer.

Haunter