Claim served on my neighbour...now Judgement by Default

[NowFightingBack]

CL Finance issued a Court Claim against me for a debt they bought from HBOS. They did this without any notice and the Notice of Assignment arrived after the claim form...now at the same time as they sent me a claim incredibly they served a copy of the claim on my next door neighbour but without any name (just an address).

 

The claim came from MCOL and I filed an online AOS and then a defence, the Court acknowledged the defence and I heard nothing from Cohens/CL. The Court wrote and acknowldged the defence.

 

I had previously served them a request for info under the CPR but they wrote back saying they didn't have to send anything. I had also informed them that they had served the papers on my neighbour as well but they seem to have ignored that as well.

 

This evening my poor neighbour has turned up at my door understandably annoyed that a Judgement by Default has been served against them, at next doors address with no name...he has passed all the paper work to me and when I try and login to MCOL using the claim number and password on his claim form it fails with an error, mine works OK and it still says defence filed....

 

This seems some kind of almighty mess up or else it is deliberate...what is the best thing to do??

[The Lantana]

The judgement served on your neighbour, at your neighbours address, with no defendant named on it, is hardly anything to do with you. Why does your neighbour think it is?

 

Regards

 

Lantana

[Bookworm]

Well, if the claim number matches, that will be yours, if it doesn't, it isn't.

 

If it is yours, you need to contact MCOL and find out what happened, you filed your defence, next the case should have got transferred to local court, instead of which default judgment got granted?

 

Find out what MCOL says first then come back here and let us know what they said.

[NowFightingBack]

The case numbers match..but if I login to MCOL with my details it says "defence submitted" if I login with my neighbours details (same claim number diferent password) I get a username/password don't match error..

 

My claim also shows a "second defendant" a just the address (no name) of my neighbour...

[Bookworm]

Curiouser and curiouser. :-?

 

I don't think much can be done until you speak to MCOL on Monday, as we don't know what happened.

 

Very odd indeed.

[NowFightingBack]

Well no-one wants to take any responsibility but I am at least a bit further forward....MCOL blame Cohens and say the shouldn't have applied for judgement against a nameless person and that the case will be passed to a DJ to strike out.

 

Cohens even admit it "might" be their mistake, turns out they were trying to serve jointly and me and my mrs but they got her address wrong and missed her name off...they have also applied to strike it out although they can't seem to decide if they got my defense or not.

 

Anyway a "Manager" will be calling me in the morning. What I want is for them to apologise to my neighbour for their mess up..

 

Is there anyone worth complaining to? When they applied for Default Judgement Cohens had my defense and they had a special delivery letter informing them the address was wrong but acted regardless. Is there any way I can get the action struck out all together, they also started the case with no LBA nd I received a Notice of Assignment AFTER the court papers...

 

Its hard not to see MCOL as a state sponsored DCA when they let creditors play fast and loose like this...

[Docman]

You (and your neighbour) should first complain to Cohens themselves. they have to respond within 28 days. If they don't, or you don't like their response, you can complain to the Legal Complaints Service at LCS: Legal Complaints Service home who will investigate for you.