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    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • So this is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
    • Yup, it isn't a criminal case, it's hard to prove, but take a detailed look at my thread to see how many holes there are in what they have sent me, there is a picture building.
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Claim served on my neighbour...now Judgement by Default


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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??

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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. :-)

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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...

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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...

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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.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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