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  1. Hello everybody first post on the forum I would like to know if its now time to give up and accept the CCJ Looking for some advice on how to proceed with a county court claim that has been issued against me. The case is now in the final stages with witness statements already been exchanged and the court date set for the 8th February. here is what has happened so far - Claimant - Merligen investments limited Claimant solicitors - Moriarty Law Amount claim - £281.28 Original creditor - Morse's club loans Issue Date: 26/07/2017 Particulars of Claim: 1.The claimants claim is for the balance due under an agreement (debt) with Morses club limited dated 02/06/2011 under which the defendant agreed to repay monthly installments but has failed to do so and which debt was assigned to the claimant on the 17/03/2014 and notice of which was given to the defendant on 17/03/2014 and which debt is now due and payable. 2.and the claimant claims the sum of £191.00. The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £15.28 _____________ CCA and CPR 31.14 requests sent 03/08/2017 _____________ letter received from Moriarty law acknowledging the requests but no documents - 08/08/17 ______________ 28/08/17 Defence filed with the court. ______________ 15/09/17 acknowledge of defence - Claimant proceeding with the claim ______________ 28/09/17 Directions questionnaire sent to court and claimants solicitors, agreed to mediation _______________ 08/08/17 - Call from mediation told was unsuitable since i have received no documents _______________ 08/11/17 - Date set for the 8th February, witness statements to be sent to the court and claimants solicitors no later then 21 days before the hearing. _______________ 16/01/18 - Sent my witness statement all be it very basic with the letters i have sent and stating i have not received any documents. _______________ 18/01/18 - Received the witness statement from claimants solicitors Contained the following documents - CCA which is signed but with no date (Not sure if the undated cca makes any difference) Statement of account Notice of assignment 3 letters they have sent to me in 2014, 2016, 2017 _______________ Please go easy on me this is the first CCJ i have ever tried to defend, not sure if i have missed anything out. I know the claim is not for an awful lot of money but even that amount i will struggle to find. Any help would be greatly appreciated, thanks for reading
  2. Hey, Got a bit of a strange one here - I have today received a green letter from Lowell Solicitors saying that I have not paid the £50 instalment on a CCJ they have obtained on a VERY old Orange mobile phone account. This is the first letter I have ever received about this naturally, it made me check my credit file where low and behold - a CCJ has been placed under my old address (not lived there in almost 7 years). This letter says that I have got until the 11th December to make the £50 payment or they will recommend enforcement action. My issues are as follows. 1) This is the first thing that I have heard about this (genuinely) and did have an old Orange account at my old address back in 2008 after falling on hard times. No payments have been made on that account since we moved in Feb 2011 and I have not knowledged anything. 2) The CCJ which was obtained in Oct 2017 is under my old address so does that mean that any papers I would have needed to see for challenging etc have gone to that address? 3) Can a CCJ be obtained and enforced on a statute barred debt? Hopefully, someone can help me out here and give me some advice. Cheers Scott
  3. Hi All, Currently have sent out CCA's to numerous DCA's However there is one i am unsure of how to proceed. Debt in question is loan from around 2000. Defaulted early 2004. CCJ obtained Sept 04 Interim Restriction added on Land Registry Oct 2004 (Debt in my name, house in mine and my wife's). I have checked the Land Registry and the name of the original creditor is still on there - CCJ not on Trust Online. This debt has been sold on - current DCA has had it since 2012. They have never mentioned the CCJ or CO in any correspondence. Can they really chase this debt? Can I send them a CCA as there is already a CCJ for the debt. Can they enforce as there is already an enforced CCJ on the debt - I am sure you cannot get 2 CCJ's for the same debt. Surely this debt is is Res Judicata - already decided upon so the DCA cannot take it to court again. Have trawled posts for this but cannot seem to find the best way forward for this - any advice would be greatly received
  4. Hello everyone, I received a court claim dated 04 August 2016 for the sum of £1994.53. It is a claim put in by Restons on behalf of Cabot. Details of debt Original creditor: Sainsburys Type of dent : credit card Account opened: 7 July 2003 Terminated: 22 April 2009 Date of assignment: 27 November 2012 Last payment: 23 November 2011 Restons sent me a letter dated 15 July 2016 advising till 29 July to respond or they'll request CCJ. Sadly by the time I had access to the letter at my address that deadline had passed. I started getting calls from Cabot at all times of the day since last year but I didn't know who they were so I didn't respond. I do not recollect getting the notice of assignment from them. I am so terrified, what do I need to do now? Do I send a cca request to Cabot, I have seen the template on here. What are my deadline dates for responding to the claim court? Having a CCJ in place could harm my employment. Thank you. Please note I have read other threads, but not seen any that directly applies to my situation.
  5. Hi all, I became a carer for my parents way back in 2007. To do this I had to give up my business and as a result had my home repossessed. As my mum had dementia and declined rapidly I had little time and even less inclination to deal with it all, and dug my head in the sand. At the old property (by that point I was living with my parents) I had a lot of debt letters and just left them there. Only 2 creditors are still chasing me via debt companies. They are both credit card debts. I sent 1 of them the statute barred letter as they turned up at my door the other week. The guy was more of a friendly 'good cop' than a bailiff. They have replied back saying the debt had a CCJ issued in 2008 and gave me a case number to check. This would have been addressed to the old property which was repossessed in 2010. My parents died last year and although I have inherited the house I have yet to process it at the Land Registry. I am worried about balliffs turning up. The debt is around £7k. Thanks JM
  6. Hi Guys I had a CCJ entered against me in jan 15. It was entered in default against me as I got court papers late, I could not acknowledge it. I filled form N244 to set it aside. I got hearing date for march 2015. I lost at the hearing and was ordered to pay by the court. I paid all the amount owed next day itself. Now the issue is the CCj is still on my credit file , marked as satisfied. I believe that it should be removed as I paid within 30 days after my applicaion to set aside. If I would have paid within 30 days from Jan 2015, It makes me look as if I accept the judgement. this is the reason I did not pay. Please guide me If this judgement should be removed from my credit file.
  7. Hi guys, As always your advice is much appreciated. Lowell issued me a backdoor CCJ on 11.11.15 to my old address. However they were writing to me at my current address at that time regarding another debt. In fact they received our new address details on 17.09.15 and wrote to us on that date. Worth trying for a set aside?
  8. Back in 2016 we commissioned a builder to undertake extensive renovation works in our house. He originally was a limited company but this company was dissolved in June 2016. He then started work for us as a partnership. His father has been involved with our job in that he came to our house a couple of times and the kitchen supplied was in the fathers name and address on the invoice. To cut a long story short, the building works went on far longer than they should and weren't completed until we sacked them. We asked for a partial refund and this was refused. In May 2017 We employed a solicitor stating our claim. The son said he did not owe us anything and was going to go bankrupt anyway. The father said he was never involved. We couldn't afford any more solicitors fees so we decided to lower our claim and decided to issue a CCJ to both father and son as joint defendants. The date of issue was the 24th November. Today was the deadline to "Acknowledge Service". The father has acknowledged service but the son hasn't. Now I don't know what to do. Can I request judgement against the son? Or do I have to wait another 14 days as I'm assuming the father is going to defend his part. The son isn't on the insolvency register yet so again I'm assuming he hasn't actually applied for bankruptcy. Many thanks oldpoyntz
  9. Hello, I am looking for some advice please. I have a standing order weekly to Fedex Europe paying off some outstanding import tax, however today I have received a Notice of Enforcement asking for £958 - includes a number of charges! I can happily print off the invoices for these payments and get these off to them, but I need to know what I can do re the letter? I have emailed them today asking for confirmation of whether any payments have been added to this account. I have until 31st March to get this sorted. Please advise. Thanks
  10. Hits all, I have a CCJ issued in January last year for a Capital One Credit card via Cabot / Shoosmiths. The Balance is around £1200 and I am paying it off at £50ppm. Unfortunately I hadn't found this site back then and didn't defend it. I don't have a problem paying the £50ppm I recently found some original capital one statements, it would seem that there might be some unfair charges. If I SAR Capital One and find this to be the case can I make a claim directly to Capital One for these charges, despite the balance been sold off and CCJ'd?
  11. My partner has a CCJ against her which we found out about when applying for a mortgage recently. The CCJ was created by Vehicle Control Services Ltd. PCN at St Andrews Retail Park because she alledgedly parked incorrectly or for too long. We still don't know which. She changed address a month after the parking occurred in November 2014. She didn't receive a ticket at the time (in fact we think she was in her shop at the time of the 'incident' and not even in the St Andrews retail Car Park), she hasn't had any communication about being taken to court and she hasn't had any notification of losing the case either. We think all correspondence must have gone to her old address. The 'offence' occurred on a Monday at 4.19pm. Her shop is a mile away and doesn't close until at least 6pm. BW legal must have sent the forms to her old address and not bothered to check if the address was still valid even when they took her to court in September 2016. I'd be grateful to hear how to remove this CCJ without paying the £255 to contest it. Surely a person can't be issued with a CCJ without any written information whatsoever? That can't be legal can it? There was no parking ticket issued either.
  12. A friend of mine had a CCJ that was satisfied after he sold his house, we were talking about it and it seems there were £200 a month admin fees were being added to the account before it went to CCJ. The question is can he go back and SAR the company and claim back the Fees or is it too late. He settled the CCJ earlier this year, the CCJ was over 6 years old and attached to his house. Thanks
  13. Hi there, hope someone out there can help. About 6 months ago I received a letter at my current address, which is a property I have owned and lived in for 2 and a half years, chasing payment for a parking ticket for a car that I do not own. The car is and was owned by my brother who lived with me briefly at my old property, which I sold 2.5 years ago. I contacted the company and explained that the car was not mine and explained the situation. My brother and I have the same initial and surname. Today, I checked my credit file and saw that a CCJ has been issued to me for £275 in respect to the ticket. I did not receive any correspondence at all in relation to the court action, and see that it was issued in my old address which I have not lived at since I sold it in 2015. I contacted the court and it was for a parking ticket issued in late 2016 for a car that I do not own and never have. I did not keep the correspondence I received a few months ago so do not have the details of the company that contacted me previously but this action has been taken by Gladstones. As the CCJ was issued less than 1 month ago I have paid it so it gets removed but can anyone point me in the right direction with regards to getting this money back and bringing Gladstones to account for their error? Any help would be much appreciated. Thanks in advance
  14. Hello, hope you can help?? My friend has been laid off work sick for 3 months had a series of problems and traumas leading up to that time which has resulted in being in debt. He has doctors notes and ambulance reports to confirm this. it got to a point where he was not opening his mail. He is now in a position to sort out the debts and pay them off in full. All of them can be sorted except for one which is an 'Egg' credit card that took him to court two days ago (without his knowledge) & he received has now got a County Court Judgement. Is there any way he can prevent that getting on his record if he pays the full amount immediately? thank you.
  15. Hi Not sure if this is the right place but wondered if anyone could help me. I received a Claim Form from the County Court Business Centre in Northampton where Lowells had taken me to court for outstanding debt to Provident. I panicked and went on Lowells website and paid £50. I also sent Lowells a email stating i would be able to pay £50 per month till the debt was paid off. They responded saying that i had to phone them and give them details of my income and outgoings before they would accept my payment plan. I didn't phone them and have made 3 payments of £50 now. Today i received a letter from Lowells Solicitors saying if i don't phone them they will ask the court to enter a CCJ against me. I really don't want to talk to them or have baliffs calling. Could anyone suggest something i could do Thanks
  16. Hello, ive had a claim from mmf for an alleged debt to lending stream, ive sent the cca and cpr requests and logged into mcol to prepare my defence, which I think is due in next two days?? details as follows. Name of the Claimant ? motormile finance Date of issue – 16/10/2017 What is the claim for – 1.The defendant owes the claimant £217.50 under a regulated loan agreement with lending stream ltd, dated 23/07/2013 and which was assigned to the claimant on 23/12/2014 and notice of which was given to the defendant on the 23/12/2014 (debt). 2.despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £217.50 and further claims interest thereon pursuant to section 69 of the county court act 184 limited to one year to the date hereof at the rate of 8% per annum, amounting to £17.40 What is the value of the claim? £309.90 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? payday loan/ lending stream When did you enter into the original agreement before or after 2007? after according to claim, 2013. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. mmf Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? no not that I recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no not that I recall Why did you cease payments? alledged date is 2013? What was the date of your last payment? 2013 Was there a dispute with the original creditor that remains unresolved? no, don't recall Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I may have done as this is the year my husband and I split up so really am unsure. my defence?? Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and lending stream? Motormile finance? 2. The defendant did not pay the instalments as they fell due & the agreement was terminated. 3. And apparently its been assigned to the claimant, for the sum of £234.90 with possible court costs = total £309.90 Defence The Defendant/s contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted I have in the past had a contractual relationship with lending stream, however the claimant fails to reference any agreement number on which it claim relies upon and fails to comply with CPR 16.4. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due. The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed. do I also add this new part now for this claim? The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. thank you for any help and id appreciate if someone could let me know if this defence is ok to submit today? thankyou again
  17. Hi guys My son is coming to buy a house and hes just got a copy of his credit report and there is a CCJ on it that he knows nothing about. He has moved addresses a few times in the last 5 years so the paperwork must have gone to an old address. According to the credit report (we get the full version tomo) Lowells *boo hisss* now own it. The report hsows our address as he used to live here but we def havent had nay paperwork for him. my questions are: a) how can we find out what this was for - can we contact the court and ask them for copies of the paperwork? b) as he needs to get a mortgage he wants to pay this debt off whats the best way to do it? I said that as lowells dont have his number or address the chance of them getting the money is very slim he should phone them up and offer to pay half (the debts around £230) just to get them to close the debt for the sake of his mortgage application. would they be able to send an email (we dont want to give them his address) saying that they agree to accept X in full and final settlement of the debt and if they did that are they likely to close it or still chase the remainder? i dont trust them He would have paid the bill if he knew about it before court but too late now thanks
  18. Hi, I've just returned to the UK after being abroad for 5 years studying, I moved into a new flat and tried to get electric moved to a credit meter and was denied. I requested my staturtory credit file and have found that Arrow Global have registered a CCJ against me with judegemnt by default (date 20/07/2017). I had no warning or knowledge of this and they used an address that I moved from at least a year before I left the UK. I've no clue what it is for, and have no idea how to go about dealing with this properly. Ideally I'd like the CCJ set aside but first I have to find out what it is for? Thanks
  19. hi to all im a new user on here and need some advice please! here is a brief description on the matter back in 2013 i signed up with talk talk for phone bb and tv services, after approx 3/4 weeks of no services i rang them up and told them i would like to cancel the contract as they had not provided me what im paying for. after numerous phone calls about the above issues talk talk said the contract would be cancelled and that would be the end of the matter there would be no charges due to early termination of contract etc. although i never received anything in writing from them i left it as the matter was delt with. fast forward to two days ago and i got a claim form from Moriarty law working on behalf of jc international acquisition. they are claiming £572 for non payment of agreement from talk talk I'm confused about this as i was under the impression it had been sorted years back!. i have sent a reply to the court with a acknowledgement of service i can get some information about this as i intend to fully dispute this. how do i get information about this old account ? any letters that was sent to me , phone calls ?? how do i file a defence for the court I'm confused by all the info on this if anybody could help id be so grateful many thanks for your help
  20. Ok all, im in need of help, i have asked on another forum but just wanted more advice if possible i started a LTD company less tham a year ago it was going well, but some bad business decisions have quickly turned the good to bad i have a 3 debts with suppliers, one at £2.5k one at £3k and one at £2700 the £2700 got a ccj against the company i was paying 500 a month but cant afford to pay it, now i have received a notice of issue of warrant of control. The registered office address was my home until recently when i changed it, i now use one of the online registered office services things sorry not sure what its called exactly, so its now different to my home the issue of warrant letter came to my house as it was sent before i updated the details with the supplier which i have now done im worried that bailiffs are going to turnup and start taking my families stuff, we dont have much, an old car in my partners name, the usual tv sons xbox and a few other bits, nothing of great value just hoping someone can tell me what i can do, i really couldnt face the family if the bailiffs came and took stuff im finding it hard to look my kids and partner in the eyes now as i feel like a total failure many thanks
  21. Hi, I'm hoping for advice, please: We're going for a mortgage. I've just done an Experian search and discovered a problem, namely a CCJ issued on 03/08/17 at Northampton County Court. They say it was from Lowell whom have a solicitor called Cohen/Cramer. I know absolutely nothing whatsoever of this CCJ. I've tried endlessly all morning to speak to the CCBS but the phone just never gets answered. I assume they're tremendously busy. I would very much appreciate help/advice/guidance please. I have a case number off the £4 Government advice website thing, that tells me absolutely sod all that Experian didn't, but they were free. Idiocy. Number I'm calling is 0300 123 1056. The reason I know it's Lowell is I rang an 01604 number which turned out to be the Court but for Northampton residents only and the helpful guy there looked at his computer and said that was whom it was from, but he knows nothing else and to call the useless, pointless, inane, time wasting, and costly to me, business centre number. The Experian entry says, incidentally, that the CCJ was at my current/correct address...
  22. Hi, ive had a CCJ claim form in the post recently-ish for a roughly £1500 dept to Southern Water. On doing some research i came across the Water Direct scheme which would allow them to take the debt and future costs direct from my benefits which seems ideal for me. I suffer pretty badly with anxiety so even tho a debt like this SHOULD be a priority its very easy for me to completely ignore things like this while off fixating on anxiety issues for months on end. i just contacted Southern Water and they were pretty good and helpful but it seems they could only help me sort out future payments through the scheme as UK Search have the debt. Should that have appeared on the court forms as the forms only have Southern Waters details and there is no mention of UK Search. Thought it would be best to post up on here first for some general tips before approaching UK Search as i've never dealt with a collection agency before. Ideally id like to just pay through the Water Direct scheme again but not sure if that's something i can do with them (Southern Water said possibly). Should i be haggling with them to write off as much debt as possible too? If i ignore the CCJ are they likely to get Bailiffs involved? Thanks for all and any advice given.
  23. Hello, ive had a letter from Northampton court today for an alleged debt for a catalogue, I think I vaguely remember maybe having this but if so it was many years ago, claimant is Arrow, particulars are. .... the claim is for the sum Of £1482.17, with shop direct ( Carval) under account number .... ..... upon which the defendant failed to maintain payments. a default notice was served upon the defendant and has not been complied with . the balance owed was assigned from Phoenix recoveries to the claimant and the defendant has been notified of the assignment by letter. contact drydensfairfax. Court letter dated 13th October 2017? I get 5 plus 14 days to respond to moneyclaim? Sent cca requests etc, as this is the first letter ive received about any of this. many thanks
  24. I'm tryin to help the mother in law with her debts. .today she received a letter from 'Mortimer Clarke Solicitors' advising they are working on behalf of 'Cabot' allthough i believe mortimer clarke are part of cabot? They are saying if she doesn't contact them within 30days they have been instructed to apply to the court for a ccj, The account was assigned to cabot in 12/2016 and started in 08/2013 its a catalogue debt. They enclose a questionaire type form with do i owe the debt ,i agree i owe the debt, i don't agree etc the form goes like that etc and a expenditure form they want her to tick the relevant box and sign it which i said no... .would it be right to contact them and ask for the signed contract if one exists. .statements...notice of assigment etc.... would this then seeing as contact has been made the ccj threat put on hold for now? She is on the basic benefit so got nothing ...the address is her friends house not her own address ...shes divorced but stays at her friends house and used that address but don't know how cabot have it.. ..obviously she doen't want a ccj going there so what's the best way to procede.
  25. Hi, I am looking for some advice please. I checked my credit file today and saw a CCJ has been registered against me in October 2017. My credit file was 100% clean in September 2017, no debt or defaults were showing at all. I am currently living in temporary accommodation due to a fire at my main residence I went to see if there was any mail that I missed. I found a letter from the county court business centre, sent in September saying that as I have not replied to a claim a judgement has been granted. The letter quotes CPR 23.8© and that the court will deal with the application to lift the stay without hearing. The accompanying paper work shows that Marlin claim that proceedings were issued on 26/05/2015 and that I failed to respond. I have lived at my current address for over 10 years and I have received no correspondence from Marlin regarding a debt or any claim form. I do not recognise the amount either. History The only debt I am aware of is an egg card from 2008 when I got in to some financial difficulty. The amount from memory was about half of what the CCJ is for (£5k). I have not had any correspondence from anyone regarding this debt since before 2010 and certainly not made any payments. As of September 2017 my credit score was perfect with no outstanding amounts or defaults. I know I can apply to have the CCJ set aside, the only reasons I have at the moment is that I did not receive the claim form, I have not heard anything from Marlin and that I do not recognise the debt amount. The delay between receiving the letter from the court on the 7th of September and now is that the letter came while I was away and in my absence we also had a house fire and lost access to the building. After seeing the default today I gained access and found the letter. Do I apply to set aside first or contact Marlin to ask for details of the debt? I am in a precarious situation because we (wife and children) are currently homeless due to the fire and I am trying to arrange a tenancy. I don't think I will pass a credit check as it stands. If I have missed any key information then please let me know.
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