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Hi all and help greatly appreciated. First post, although I have been a visitor many times. I have many DCAs chasing me but this is about 1 in particular. I moved around 20 months ago, naturally didn't ring around all of my admirers to tell them. One in particular, Phoenix Recoveries, utilised Weightmans LLC in Liverpool. The first I knew of this was a letter to me c/o my employer in October last year. Luckily, Head Office simply redirected it to my branch office without opening it. They must have traced my employer as no-one had that information. I was miffed but let it go. Weightmans wrote again to me at my new address to chase the debt some time after. I'm not even sure who the original debt was payable to, they've all been passed from pillar to post. Anyway, the person who lives at my old address apparently took delivery of a Court Summons (from what I gather opened the letter and didn't return it as 'Gone away' - my ex neighbour told me this). It had gone to judgement before I knew about it. Correspondence from the Court continued to my old address until today, when I magically receive an attachment of earnings form at the address I now live in, to make payments to Weightmans, who clearly knew where I lived before the summons was issued.

 

My original plan was to use the template of requesting a true copy of the original agreement. I feel they have served the summons to the old address so that they could get an Order without any hassle of me contesting it. I now find I have to pay £75 to get the judgement set aside!

 

My question is (and thanks for bearing with me thus far) if I get the Judgement set aside should I now write for proof of the debt, and how should I word it so that the Court have some empathy that I have not done it before.

 

All a bit worrying as wife is envisaging bailliffs taking away our things.

 

All help most gratefully received!

 

P.

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who was the OC?

what was it for?

 

butyes CCAwill be the first step to gettig this set aside.

get all the paperwork you can

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good question.. I'm not sure who the original creditor was. It would have been definitely for a credit card, possibly Egg, looking at the amount. I have no paperwork save the Weightman's letter addressed to me at my employer's head office. Weightman only refer to their client Phoenix Recoveries. The other difficulty is that I have 8 days to respond to this attachment of earnings form. I called the Court (been transferred from Northampton to my local CC) and they are sending me the form to set aside. I can't lay my hands on £75 until around the 24th of the month!

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