Urgent help with eversheds and CCJ please

[vikki75]

Ohh it just gets better. I phoned eversheds to aske them to confirm what the amount was that was awarded by the court and they told me that it was £5 per month as that was what I had agreed to pay and what was told to me by the court. When i told them i had a problem with paying that amount they splurted that they were in the position to send in the bailiffs and take my belongings. After 5 mins of threats by them I told them what the court told me and asked if they could explain why they had lied to me and made me pay more than the court said I could afford.. on that note they hung up! . Apparently according to them I have been paying £5 pm since 5/7/2005.

[vikki75]

just bumping to see if anyone can help me further

[Stirling2005]

Vikki you need someone like Nighthawk or Diskman Dave on the job.... that's not to say the rest of the good folk are not out there... I don't know how to contact them though without highjacking someone else's thread which I am trying to avoid if at all possible.

 

That said, you have Eversheds by the balls! They tried to imply mine was £5 more than once and whined over the phone it cost too much to collect!! WELL TOUGH... that is what happens when you mess with the dark stuff in like. I knew better and refused to pay £5 and they have only had the £1 since 2003.I have written to the Court and to them and intend making formal complaint to whatever I can... Law Society, for starters.

 

We need numbers on this one...... anyone out there? A group/class action will be stronger. :grin:

[vikki75]

Thanks stirling, sounds like this is one of their little tricks that they do hoping that nobody will find out.

[vikki75]

Well i spoke to community legal and according to them there is nothing that I can do about this??

[Stirling2005]

Hi vikki75, I have messaged Diskmandave, Nighthawk and 42man asking for assistance. I doubt what you have been told is correct. Eversheds have deceived you from the start. A £1 CCJ is not a £5 CCJ. You have been paying £5 as a result of duress (them saying it is £5 and you have to pay)which in legal speak vitiates consent - i.e. had you known you only had to pay £1 you would have done so.

 

Let's face it even if they do take you back to Court it will cost them money, they have no realistic grounds for seeking an award of costs against you they will not want the truth coming out about their deception.

 

In the interim you may wish to prepare a Statement of Income/Expenses which clearly demonstates the hardship the £5 per month is causing you and maybe later sent it to Eversheds saying you are considering seeking a Redetermination Order. Now whether this can mean you pay less than £1 I do not know.

 

We need URGENT help here folks, any information you can add?

[42man]

I would also urge you to report them to the OFT too, as well as the SRA, your MP might be able to assist too....did you ever claim back the excessive charges too ? You may even be able to set aside using section 32c limitation act...so the OFT decision on charges was only in 2007...(what was the debt for ?)

[42man]

There is very little they can do, if you have maintained what the court has said, then a judge will throw them out of court and award your costs....

[rory32]

Who obtained the judgement? Was it Eversheds or another DCA?

[vikki75]

thanks for the advice. I think it was for a store card but will have to confirm this. On the letter from eversheds it says re- Link financial vs me so i'm assuming that it was link that obtined it (unless they are the same company).

I have never claimed anything back as it was all done via CAB and I knew alot less than I know now.

[Stirling2005]

Vikki, a lot of GE Capital (Evans, Burtons Dorothy Perkins et al) store card CCJ's were sold on in 2006 to Link Financial Ltd. The original CCJ is likely to be in whom ever held the store card debt, Eversheds were acting then and from a poor quality letter of assignment I received in 2006, they were nominated by Link on acquiring these old CCJs to continue to collect. Once Eversheds send the copy CCJ you will probably see who the Judgment was originally awarded to anyway.

 

I have asked for a true copy certified Deed of Assignment as well as the usual CCJ copy to try to ensure who actually owns the matter now. You may wish to consider asking for this in writing - DO NOT RING THEM (the golden rule)

 

I suspect Eversheds are pooing themselves that unless they are seen to be 'mustard' they are going to loose the collection contract as Link Financial as far as I can see are probably in the mire (no CCR licence since May 2008) and are probably under administration or such and Eversheds have been instructed to grabwhat they can and will before no more income for them.

 

Someone with more tech knowledge needed here..... and as 42man brilliantly outlined, a Judge would probably throw this one out if they try it on.

 

I have matched their cheek and sent them a 'holding response' while I look forther into the matter. Hope this helps but do not let this get to you.

[vikki75]

thanks stirling, would you mind telling me what you put in the letter to them as I really have no idea what to say.

Come to think of it is was a mothercare account card as I used to work there are we were all offered them (how nice).

Lets hope that we get somewhere with our claims and that they are not feeling as cocky about the accounts as they made out.

 

I still cant believe the guy hung up on me ah well it was fun to hear him squirm before he realised that he had said too much lol

[rory32]

Who obtained the judgement is quite important as assigning a CCJ without the courts permission may be considered an unlawful assignment. You can just about be 100% certain that no permission was sought from the court.

[vikki75]

on the letter from eversheds it says link financial vs me so i'm assuming that it link who got the ccj. as they were the dca acting on behalf of ge capital.

I cant remember when eversheds took over or if i recieved anything from them. Can i CPR them for the information?

[Stirling2005]

Hi Rory32, thanks for joining in. I have heard about court permission being needed to assign benefit of CCJ but can you point us in the right direction; is it somewhere in CPR? I am way out of date with this stuff. I notice you are in Scotland, is your law different - we are in England.

 

Thanks

 

Stirling2005

[Stirling2005]

Hi Vikki75, I may not be on air tonight as have meeting to go to but will log on about midnight to see what has happened. Do not worry about this I will draft you a letter at the latest tomorrow morning for your consideration, and if Rory32 / anyone else has been able to shed any light on this Deed of Assignment/court permission side of things I will incorporate that as well. Either way I will also look into SRA (Solicitors Regulation Authority) and how to go about it.

 

It is looking like a busy weekend!

 

Speak later,

 

Stirling2005

[rory32]

I notice you are in Scotland, is your law different - we are in England.

The law in Scotland is different yes. For a start we don't have CCJ's. The assignment issues I quoted however are to do with English law.

 

I have heard about court permission being needed to assign benefit of CCJ but can you point us in the right direction; is it somewhere in CPR?

This is information that was received from HM Courts Services. They did not state why, only that you can not sell off a CCJ unless ordered by the court.

[Stirling2005]

Thanks for that Rory32, I will take that up with the Court Manager of the Court issuing the CCJ and report the outcome. Much appreciated.

 

Has anyone else anything they can offer?

 

Stirling2005

[Stirling2005]

Hi Vikki,

 

My computer has broken down and will not be fixed until about Wednesday next week so I am now at the library. I will not be able to log on tomorrow or probably over the weekend but will go to library again on Monday. In the meantime I have drafted a couple of letters for you.

 

I realise you spoke to the County Court (Northampton?) so you may wish to alter the letter etc.

 

So: Court letter.

Date. CCJ ref etc. Link Financial -v- yourself etc.

 

Further to my conversation with your office on (date) I now wish to report the following: (describe what happened when you phoned Eversheds)

 

In order that I may take the matter further can you please confirm to me in writing Eversheds have no authority to challenge a Court Order, or indeed, if they do, where I may obtain this information. I rang Community Legal as you suggested and they said there was nothing I could do which I do not agree with. (you may also wish to ring Community legal again Vikki and ask them on what authority they told you this then write a similar letter asking for confirmation in writing)

 

Furthermore, as the debt has been previously assigned I understand, can you please confirm whether Court authority was required for this and if so whether such authority was sought and obtained, along with a copy of this if this document is at hand.

 

Your assistance in this matter is much appreciated.

yours faithfully - then your name

 

keep a copy and set yourself a file up next Vikki - you can also start a Chronology of events - i.e.a short manual diary of events which if, it goes to Court you can produce as evidence. You also need to compile a schedule of payments made to date - just listing them will be sufficient and have the bank statements handy just in case.

 

Next entry will be the Eversheds lot

Edited February 27, 2009 by Stirling2005
word missing which lends emphasis

[Stirling2005]

Hi Vikki, Back again, now for the main letter

 

your address at top in margin but no telephone number-

 

their ref etc

CCJ/Court ref and date and amount set of £1 per month (as confirmed by County Court on (date)

 

Dear Sirs,

I confirm receipt of your letter dated(date) on (date).

 

I note from my file and from the conversation I had with (Northampton County Court?) on (date) the orginal CCJ was dated (date) and set at the rate I could afford one pound per month (£1.00) by the Court. I understand from the Court you have absolutely no authority to amend, alter, adjust or in any other way interfere with an Order of the Court, nor do you have any authority to assign the attached debt without the express and prior permission of the Court.

 

Therefore contrary to your assertions the payment rate was set at £1.00 and not £5.00 as you have continually misrepresented since the Order was granted. Furthermore I was advised to contact you asking for a True Copy signed of the CCJ, Deed of Assignment and necessary Court Authority. I understand you have an absolute obligation under Law of Property Act 1925 S 136 to supply these documents (and kindly note at this juncture no letter of assignment was received at the time of assignment either)and no fee is chargeable to me for the provision of the same. As the set out of your letter implies impending Court action, you also have a duty of disclosure under CPR pre-action disclosure rules.

 

Following the conversation with the Court, I then telephoned your offices and was told (then go on in your own concise description what happened, how you were threatened with bailiffs, how they hung up on you) Mention also how yiou were subjected to threats and you found this extremely intimidating.

 

In view of this experience and as I noted at the time you state conversations may be recorded I now require from you please a disc holding the recording of that conversation and written confirmation of the name and contact details of your official data controller as I intend making formal complaint to and not limited to:Data Commissioners office, Office of Fair Trading, Solicitors Regulatory Authority, and the Law Society.

 

Turning to your quote of "interview regarding my income and expenses", kindly note as I have (put no in) children I shall make application to have the matter moved to my local Court and I shall also be making application to the District Judge for my expenses to be awarded which will include (but not limited to) childcare, travel and appropriate representation on the day. I further note your contention that "I may be imprisoned for failing to attend", and will seek further legal advice in the interim, kindly advise me of upon which legal premis you intend to rely given the Court Order has already been granted.

 

Upon receipt of the requested documents all of which should reasonably be within your control, by 10th March 2009, I will take further advice but for the avoidance of doubt, I would not like to discuss the future level of payments based on my current fiancial position, rather I would like a refund please of the monies you have taken unlawfully, which has caused me considerable and sustained hardship and a clear undertaking you understand the set rate to be at £1.00. Since no arrangement between us exists and because you have no authority to vary an Order made by the Court I do not wish to enter into any negotiations for increased payments or settlement as I lack the requisite funds.

 

Failure to comply with the above requests and any further harassment will be passed to the relevant authorities seeking to question your and your client's fitness to hold a Consumer Credit Licence. When responding please confirm you and your client do hold such licences and quote the numbers of the numbers in order I may verify the same and check they are valid.

 

yf

 

make sure you send this recorded delivery, keep copies one in file etc.

 

Have a good weekend and I will try to get on line elsewhere but my computer has burned out (is it any wonder!!)

 

Stirling2005

Edited February 27, 2009 by Stirling2005
slight alteration to last sentence.

[vikki75]

Wow stirling thank you so much that is a great letter Sorry to hear about your comp will teach you for being so helpful lol .

Have a good weekend and I will get them off tomorrow and keep you updated.

Vikki x

[clemma]

That is a fantastic letter Stirling

[rory32]

Just for your info:

 

You do not have to pay more money than the amount ordered by the court and set out in the instalment order. If a creditor wishes to vary the amount then Order 22 of the County Court Rules provides that a judgment creditor may apply to the district judge on notice for an order that the money if payable in one sum, be paid at an earlier date than that by which it is due. Or, if the money is payable by instalments, that it be paid in one sum or by larger instalments.

 

Any such application must be made in writing stating the proposed terms and the grounds on which it is made. Also they would have had to serve a copy of the notice on you so that you could attend court and give your side.

[Stirling2005]

OK.. computer codged up for now don't know if it will hold but we will see....

 

Rory32, many thanks for your latest post, it remains to be seen what Eversheds respond with. I expect all sorts of quotations and threats anything which falls just short of up front monies being laid out for Court appearances. I will consider these as they arrive and action accordingly.

 

Vikki75, I hope you managed to set a file up just so paper is in order as once these Eversheds respond things may move rather quickly and you may wish to print and file all info as it comes through. I always say perfect preparation prevents p!ssball presentation.

 

Back on Monday

 

Stirling2005.

[Stirling2005]

Have you heard any more from Eversheds Vikki? I have not even had an acknowledgement as yet. I will leave it until Monday then send them a strong reminder which I will post on this thread should anyone wish to make use/adapt it for their own purposes.

 

Stirling2005:razz: