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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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ccj challenge help


sajeel
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Admin please move post if in wrong section.

 

I am posting in response to an ccj in 2014,

 

i wish to challenge the validity of ccj,

as i received a claim without a stamp seal,

no claim number and issue date was not completed

also amount claimed was not filled out.

 

What is procedure to challenge this

 

also need to speak to mydeposits as they released deposit without any contact to myself.

 

Also as deposit was reclaimed the amount on claim form submitted for ccj would be incorrect amount.

 

I await your replies and help. Thanks in advance.

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Please post the claim form and also the judgment here in pdf format

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a landlord took you to court?

tell us the story

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thread tidied moved to general legal forum

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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" i wish to challenge the validity of ccj, as i received a claim without a stamp seal, no claim number and issue date was not completed also amount claimed was not filled out "

 

So your not going to upload the above then we can advise why its invalid ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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" i wish to challenge the validity of ccj, as i received a claim without a stamp seal, no claim number and issue date was not completed also amount claimed was not filled out "

 

So your not going to upload the above then we can advise why its invalid ?

 

I will do dont have access to scanner at the moment so will take picture of document and convert to pdf then upload

 

a landlord took you to court?

tell us the story

 

Well i never went to court for ccj all i was sent claim form and then a ccj was registered against my name.

 

which details should i remove or blank out before uploading claim form ?

Edited by dx100uk
merge
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anything that can pers ID YOU or them or the case & any ref numbers/claim number

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so in terms of the process

you got that may 2014

did you receive that at an address then you moved or what.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Oh dear

So you then moved on without informing him of your new address?

And everything went still to there?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I Doubt it had access to post as upstairs tenant was my friend and hallway was communal,

also i was still there when this claim form arrived around march to april 2014 and i vacated property around may 2014.

 

Never received any further letters or notices

also the claim form i received was a photocopy sent from estate agents

i never received any official documentation from courts.

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Thats not a claimform

Its what he might be doing

 

I thinking you should ring northants bulk and ask for a copy of the claimform and the ccj

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

pers we always recommend ringing

you get a human and its directly in your inbox within a couple of hours

but you've no rush as such

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

sorry for late update.

 

here is reply from hmc

 

Thank you for your email dated 30th August 2018.

 

Due to the time period in which your claim was issued and served being 4 years back I am afraid that the court will not be able to provide a copy of the claim form due to the file now being destroyed. Due to the amount of claims in which we process and receive we have a timescale of how long we keep files in storage. The claimant however may be able to provide a copy of the claim form as they may still hold a copy. With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014. Payment can be made either by cheque or by debit card if a contact number and preferred time to be contacted is also stated.

 

I wish to challenge this ccj on the following resons; a: incorrect procedure no valid documentation , b: incorrect value as deposit was claimed by landlord from mydeposits, c: failure to provide claim form the goverment requires all companies to keep records for 6 years my suspicion is there was no valid claim form and they are trying to fob me off.

Any advice or help greatly appreciated.

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But some how he got a default judgement

So it must have existed for that to happen

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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But some how he got a default judgement

So it must have existed for that to happen

 

yes but my grounds of defence are that no proper paperwork was served and requesting claim form within 6 years period which is validity of court and all they tell me is we dont keep claim form, im sure if told hm revenue i dont have my tax return as it has been 4 years they would not accept it.

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Well then set it aside - no claimform received

 

As for a defence for the debt.. Incorrect amount .. Deposit reclaimed by insurance? Thru mydeposits scheme?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Clue is in their response......

 

" With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014."

 

I read that as never actually served the claim form...hence the default judgment.

 

See CPR 6

 

6.18

 

(1) Where –

 

(a) the court serves the claim form by post; and

 

(b) the claim form is returned to the court,

 

the court will send notification to the claimant that the claim form has been returned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3

 

Andy

  • Confused 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Well then set it aside - no claimform received

 

As for a defence for the debt.. Incorrect amount .. Deposit reclaimed by insurance? Thru mydeposits scheme?

 

Am planning to set aside, yes deposit was taken without my consent from mydeposits i never recieved any paperwork from courts or my deposits to grant landlord access to money.

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Clue is in their response......

 

" With regards to the Judgment the court can provide a further copy however a fee of £10.00 will be required as the court had attempted postage of the claim and Judgment back in 2014."

 

I read that as never actually served the claim form...hence the default judgment.

 

See CPR 6

 

 

6.18

 

(1) Where –

 

(a) the court serves the claim form by post; and

 

(b) the claim form is returned to the court,

 

the court will send notification to the claimant that the claim form has been returned.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3

 

Andy

 

Thanks andy for that, i missed that point is that valid reason to set aside, how do i start procedure and should i get copy for £10 or just use info from credit report ?

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Yes I would most certainly get a copy of the judgment and claim form...as for setting a side...you will have to prove the point which I assume happened but their response is a bit of a give away......they either made good service or not....why state attempted ?

 

If attempted.....attempted and succeeded or failed ? Its a word I usually connect to things that someone tries to do but does not succeed in doing

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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