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RobMitch

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  1. Hi Martin appreciate you helping me out. The judgement was August 2008 and was paid up to satisfaction in Feb 2009. The claimant was BC acting on behalf of Phoenix recoveries according to the court papers. Fredricksons only contacted her after the judgement regarding a "catalogue debt" not a CCJ. She was frightened and agreed a payment plan. At no time did she realise it was for a judgement. The issue is that had she been contacted by Phoenix earlier, and knew about the default she would have entered an agreement (as she did with Fredricksons) and a claim would have been unnecesary, so no CCJ. She only thought she owed a catalogue some money. Because of this she wants a set aside (but not to dispute the monies paid) to remove the CCJ from her credit file as she never had an opportunity to enter an agreement with PR before they slipped it through Northampton.
  2. Hi I am attempting to get a set aside of a default CCJ on a debt. My friend on recently learned of this CCJ when she obtained a copy her credit file and found that Brian Carter acting for Phoenix recoveries had pushed through a debt. She was working away and never received the claim form. She never receibed a default notice or ant demands from PR or BC as required by pre-action protocols. A few months after judgemetn she was approached by Fredricksons who never told her the debt was a CCJ, just a standard debt collection thing. She entered into an agreement and the debt was satisfied a few months later. Using the valid reasons for set aside here http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php I have drafted the following application on her behalf. If anyone has experience fo set aside, and N244 please could they advise me. NB she does not want the monies paid back as she acknowledeges the debt was hers, but she never had a chance to enter an agreement or proove their right to claim the money. DRAFT___________________________________________________________________ Part A I bibblybobbly intend to apply for an order (a draft of which is attached) that the Default Judgement entered against me be set aside. Because The claim form did not come to my attention because I was working away and I believe that I have a complete defence to the claimant’s case. Part C I wish to rely on the following evidence in support of this application: Prior to this judgement I have never received any letters or telephone communication from any company calling themselves Phoenix Recoveries and/or Brian Carter Solicitors (the Claimants in this case). I have never been in receipt of a Default Notice for the sum demanded by the judgement. I can provide for the court evidence that I did not receive the claim form as I was working and living away in hotels at the time the claim was issued. I had not alerted any creditors to this change of address as I had not received any communications from any regarding this claim. Neither did I receive any official notification of default judgement against me. Neither did I receive any written requests for payment prior to the claim as recommended in the Civil Procedure Rules Pre-action Protocols. Subsequent to the judgement I was contacted by Fredrickson’s debt collection services and a payment plan leading to this debt’s satisfaction was entered into and completed on xx/xx/xx. At no time did Fredrickson’s declare that the outstanding debt was for a County Court Judgement. Had I received written communication with any collections agency I would have entered into a payment plan agreement with them and this claim would have been settled out of court. I declare to the court that I do not seek to reclaim monies paid in respect of the satisfied judgement but request the set aside of the judgement. I believe that I have a full defence to the claimant’s case in that I have not been given the opportunity by to put the clainmant to strict proof of their ownership of the debt, their right to claim and proof of their submission of a correctly executed Default Notice or the chance to view any innappropriate charges added to the account. On discovering in October 2010 that judgement had been entered I sought advice from the National Debtline and the Consumer Action Group and Citizen’s advice as soon as I could, and was advised to make this application. ________________________________________ Thank you in advance
  3. Hi everyone. Just got a credit report and descovered a CCJ I knew nothing about. Fredricksons had passed a partial balance of a debt it thru Northampton but I never received the papaerwork so a default judgement made despite us being up to date with the agreed payments. We'd continued to make the standard paymenets and these were used to satisfy the judgement which shows as satisfied on the report even after it was passed to Bryan Clarke. But there is of course a CJ on the account, so can a satisfied judgement still be applied to be set aside? Thankyou for considering this question.
  4. Can anyone advise please on what gorounds a counterclaim can be made. Is it for the costs of wasted time in preparing the defence and evidence?
  5. This is superb as I am currently preparing to defend a claim for an invoice that was in dispute. I think on reading your post, that both parties have failed to follow the pre-action protocols, relying more on phone calls. Is it your belief that a defence based on a dispute that ourselves and the other partly were currently negociating is a good one? The other party would not review the documentary eveidence we had, nor did they ammend the invoice when we were told by phone they would. I'm of the view after reading your post that we should continue to fire letters to them offering settlement and supply the evidence of dispute, including all the points you listed. Would this go in our favour in court? Thanks your considering a response
  6. Than you very much I hadnt realised about only getting a CCJ if you failed to pay in 28 days. That's very reassuring as the sum is only a few hundred and it could be covered if needed!
  7. Hi all This is not the usual debt situation here but my partner used a recruitment agency to hire a telesales operator for one week. After leaving my partner reviewed his computer (as his phone logs showed irregularities) and determined he had used it for (very) inappropriate surfing of the net rather than actually researching comapnies to target for sales. The invoice they sent for his week was also for the wrong number of hours (never corrected) and a representative of the company didnt want to see internet evidence as it was distressing. My partner was told not to worrry as the operator would not be paid the full amount and a corrected invoice would be sent. After the invoice for the full amount was sent, we requested a manager to come and view the material with a view to agreeing a reasonable number of hours to be rebilled for. She came on the same day that their accounts department submitted the court papers. Up to this stage it was amicable but as this has now gone legal we are unsure exactly how to proceed. My parnter is a sole trader and so this debt or CCJ would appear on her personal credit record. We wish to defend the claim based on the fact that (i) the invoice was for the incorrect hours (ii) the amount was in dispute (iii) their was an ongoing investigation into his activities by the recruitment agenecy. We can supply the computer logs and screen shots as evidence in court. Should we send CPR letters? Which ones? Are we entitled to demand transcripts of phone communications? There are a number of issues which I feel are relevant: (i) There was never any signed agreement betwen her and the agency. (ii) Terms and conditions were sent by e-mail and written acknowedgement was never requested. (iii) The agency had agreeed verbally (but not confirmed in writing or email) that the amount would be ammended downwards. (iv) The invoice was currently under dispute. (v) the Particulars of Claim only mentioned a non-payment of invoice for temporary staff. Any advise would be greatly appreciated. Thank you
  8. Thank you people, this confirms what I've believed. i will send the stat barred letter to CCS. As I am no longer in receipt of benefits, I'm not too concerned about the fact they can legally claim it at some future time. I guess I'll worry about it when I'm 65! Thank you all for the facts.
  9. Having been contacted sporadically by the DWP over a supposed benefit overpay harking back to September 2000. I have consistently requested they send me proof of this overpay which the have been consistently unable to do (I have received a copy of a letter telling me I owe the money but no proof of overpayment). To muddy the waters, they have combined this debt (that I wholeheartedly deny) with a £146 outstanding balance on a social fund loan. I was advised by Debtline to not pay this until they separated the debts as in all likelyhood a payment would be aknowedgement of the entire debt and may affect limitations. They informed me it would be stat barred anyway. Can someone advise me whether this kind of debt is stat barred, and if a payment on th esocial fund loan would likely cause problems? I received the letter 2 days ago asking me to contact them to set up a repayment pan on the £552 overpay, but just now a DCA, CCS Collect is demanding the full £727 owing, so am a little confused what to do. Thank you for reading
  10. I ve been a part of the Robbers Way Merry-go-round for over a year now, I'm on round 3 of the escalating threat-o-grams. They just full of poopy. Been 9 months and still waiting for me CCA...
  11. Gotcha and thanx again. I will attend the local CAB debt clinic on Thursday. Am with you on the stat barred aspect, believe me - too many DCAs trying that old trick. Also no more calls, it was only necessay in this case as their deadline passed and I wanted to get a second DWP officers assessment.It was interesting that this officer said he could send a letter while the last one couldn't. I even recall a call a few years back about this when the woman told me they just fire out the letters every so often to see what they can trawl in! This is their debt management divison, so things seem to have moved up a notch. Will keep you informed when things move forwards, the ball's in their court now in terms of letters so I'll sit tight. From now on I'll treat it like a DCA situation and see how it escalates. Thanks again for the sound advice Rob
  12. Thankyou to you both for prompt replies. Have been back in touch this morning with DWP. They have requested the paperwork on the Overpayment from the original authority and told me it'll be up to ME to prove I don't owe it (rather than the other way around in credit debts). They accepted the debt being over 6 years means its not recoverable in court, but they informed me that should I be lucky enough to live to draw a state pension, it'll be taken then! Sweet. The guy was helpful and promised to send an itemised list and has assured me that any payment goes off the Social fund debt first (which I wholeheartedly accept and will pay). I left it agreeing tio arrange the SF payment ONLY ONCE I have a letter separating the two debts, and that they are to forward all the paperwork on the benefit overpay as and when they get it. Will keeep you informed and once again thanks! Rob
  13. Hi again everyone! I have recently received a letter from the the Department of Works and Pensions about a £727 debt. As this figure menat nothing to me I phones the number and was told there were 2 debts against me, one for about £174 from the social fund (I recall and accept this debt) and one for £553 for a benefit overpayment in 1999/2000. Now this benefit overpayment I have disputed and never acknowledged (I received sick beneft after I couldn't work when I lost a thumb and sent in all the sick notes etc...). They want me to start making payments on the combined debt but I understand from national Debt Line that the Benefit Overpay debt is subject to normal debt rules and is statute barred. Can anyone confirm this? Given it maybe stat barred AND I disputed it from day 1 I do not want to make any kind of payment to this combined total as a payment to the SF debt may be viewed as an acknowledgement of the other. Curiously they will refuse to send a letter which itemises the two debts nor give me a separate reference number. They also "threaten" to sell it on to a private DCA who will come-a-callin. Part of me thinks it may be better just to deal with these as I learned how to do that from you guys here. Should I simply send a payment for the Social Fund debt and enclose a letter clearly stating it is for the SF loan and that I dispute the BO? Perhaps send a leter stating that I will arrange to pay the SF loan once they send an itemised letter? Advice is appreciated Thanks Rob
  14. IMO, like Rob's, the agreement is no good. It is their style to continue to send letters on a periodic basis. Ultimately its only if they initiate court action that you should act. At tht point there are any numbers of defenses in the legal Issues section of this forum to help you, or ask for help over their. I'm in a not dissimilar situation, but they have continued to press, threaten and demand with no CCA sent after 4 months now. This is just rhetoric on their behalf but I have taken the precaution of preparing a defense based on similar cases in the legal successes section here, so I can take control if they chance their arm. You might consider a similar action on your part - its quite liberating to know that I have it printed out and ready and makes me feel stronger when the pointless demands keep flowing through the post. Good Luck
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