Can I be taken back to court for an exsisting ccj

[sillygirl1]

Is this them

 

MERIT FINANCE LIMITED report selection (04538853)

 

If so a brief internet search has brought up a lot of negative posts on forums, seem they are a 'debt acquisition' firm with very few scruples, a link to another post on this forum is here....

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/47213-key2law-merit-finance-anyone.html

 

and another one here

 

Debt Help UK Forum - Me v Merit Finance/NewSec

 

They appear to be linked in with Meritforce and Mackenzie Hall, who are both not very nice companies.

 

If it is them I have also got links to their MD but don't want to post it yet.

[the tinkerman]

yip that is the one

[sillygirl1]

In that case from looking at the other threads on this company you need to do the following.

 

1. Send the letter to the original court and explain that they are trying to get another judgement on you when one already has been in place and you have not defaulted.

 

2. Contact Trading Standards and complain that the company are sending harrassing and threatening letters to you suggesting a course of action is open to them when it is not.

 

I bet the letter just suggests they will apply to Kingston Court for a judgement... then they try it again with another letter for Hull Court....

 

We really need to see the letter or if you can't post it type it in word for word.

 

Merit Finance are an offshoot of Meritforce/Mackenzie Hall and they are under scrutiny by the OFT for dodgy practices so their letter could also be sent to the OFT.

 

Their MD Ron Higgins is known on this site so there may be other people looking in.

[the tinkerman]

I did ring the original court at Northampton where the CCJ was implemented back in 2000 a few months ago and they told me all that the paper work i.e. the judgement had been transferred to Kingston Upon Thames Court about two years later? When I then rang Kingston they did confirm that they had the claim number of the judgement.

I do not have any paperwork from Kingston on how to defend this and never had any apart from the brief letter I have had from them today about this Notice of Hearing of Application, the only things I do possess are a copy of the original CCJ from Northampton County Court and a copy of an assignment letter from Facility Trading Services Ltd about 2003 stating that all monies from this CCJ have been absolutely assigned so to speak to RFH Limited which I believe from another letter I received a few months later changed their name to Merit but nothing in the assignment letter stating about another hearing or an interim' hearing at court.

Is it the letter from Kingston you want me to post up.

[sillygirl1]

Can you post the letter you received from Merit Finance and the letter from Kingston, it will give us something to work on tomorrow. I am around in the morning until about 10am and then again from 3pm.

[the tinkerman]

Notice of HEARING OF In the

APPLICATION KINGSTON-UPON-THAMES

County Court

To the Defendant

Xxxxxxxx

Xxxxx

xxx Claim Number xxxxxxxx Claimant Original Creditor named (NOT MERIT!)

(including ref.) Defendant xxxxxxx xxxxxxx

Date 07 December 2009

 

TAKE NOTICE that the HEARING OF APPLICATION will take place on

14th January 2010 at xxxxxx

At Kingston-Upon-Thames County Court, St James Road, Kingston-Upon-Thames, Surrey KT1 2AD

When you should attend

30 MINUTES has been allowed for the HEARING OF ALLOCATION

Please Note: This case may be released to another Judge, possibly at a different Court

 

 

 

 

Then quoted at the bottom court address opening hours and when corresponding with the court please address forms or letters to the Court Manager and quote claim number.

 

N24 Notice of HEARING OF APPLICATION

 

And stamped with the courts name on it!

[the tinkerman]

Fts 154a Fleet Road

Fleet

FACILITY TRADING SERVICES LTD Hampshire

GU51 4BE

 

Name - XXXXXXXXXX

XXXXXXX

 

Address - XXXXXXXXXXXXXX

XXXXXXX

XXX xx xxxx 2003

 

Ref Number – xxxxx

 

Dear xxx xxxxxx

 

We write to give you notice that, as a consequence of various Legal assignments, all amounts due from you to the original creditor xxxxx xxxxx xxxxx have been absolutely assigned to RHF Limited.

 

Accordingly, only RFH Limited can provide you with a valid receipt for any payments to be made by you.

 

On behalf of our client , RFH Limited we now require you to pay the balance outstanding of £xxxxx within the next 14 days. Your cheque must be made payable to RHF Limited and send to this address.

 

We look forward to hearing from you.

 

 

 

Facility Trading Services Limited.

Duly authorised agents for RFH Limited

 

 

 

 

 

Registered Office; Suite 1, 5th Floor Acre House. Sale. Manchester M33 7WZ

Registed in England no; 3689222

[the tinkerman]

Then received another letter from fts two weeks later stating the following.

 

Fts 154a Fleet Road

Fleet

FACILITY TRADING SERVICES LTD Hampshire

GU51 4BE

 

Name - XXXXXXXXXX

XXXXXXX

 

Address - XXXXXXXXXXXXXX

XXXXXXX

XXX xx xxxx 2003

 

Ref Number – xxxxx

 

Dear xxx xxxxxx

 

We act for RHF Limited who have instructed us with regard to your default under loan agreement entered into by you with original creditor xxxx xxxxxx xxxxx.

 

Take notice that by assignments dated xxx October 2002 original creditor xxxxx xxxx assigned to RFH Limited absolutely all amounts due from you under this agreement ( which may I point out first I knew about this assignment was the previous letter I have just posted dated August 03 nearly a year later) . Our client is now entitled to the sum due and outstanding.

 

As you will be aware. Legal action has previously been commenced against you for recovery of the balance due under the agreement together with interest and cost. Our clients have retained the same solicitors, (Chivers Easton Brown) and any payment arrangements you have with them should be left in place, Should you wish to settle your debt, in full now or at some future date, it is important that you obtain a settlement figure from these solicitors, Only by doing so will you be assured that all legal action will stop and the court notified that the matter is concluded.

 

If there is no payment arrangement in place then you are invited to contact this office to agree terms of payment. However please note that if no payment arrangement is in place we will be instructing our solicitors to take action for the balance currently due. Such action will be taken without further reference to you and will involve you in payment of further legal costs.

 

Yours Sincerely

 

Xxxxxxxxxx

Collections Department

 

 

 

 

 

Registered Office; 154a Fleet Road, Fleet, Hampshire GU51 4BE

Registed in England no; 3689222

[the tinkerman]

And it gets better then recived this letter from RFH in late 2004 about interest charges will post tomorrow.

Thanks for all your help for the time being.

[sillygirl1]

Right, I am not familiar with allocation hearings but basically the way I see it RFH and Merit Finance are the same company (as shown on the link I sent yesterday) and seem to be circumventing the County Court system so you now need to contact Kingston County court tomorrow and speak to the Court Manager and explain the situation. They wont give you legal advice but they will explain which form you need to fill in to get this transferred to a court near you.

 

I would also do a covering letter stating what I put in a previous post, that you have maintained payments on the original debt, your circumstances have changed in that you have more liabilities (ie your kids) and therefore by them going for allocation this is going to push the debt out of your reach of reasonable payment.

 

State that at no time have you ever received a full statement and at no time were you ever given the TRUE amount of the arrears on the original account.

 

Due to the length of time that has elapsed it is unlikely that the owner has any original paperwork so you can go for disclosure under CPR 31.16 where no costs to either side are involved in disclosing all documentation relating to the account.

 

One day these companies will realise that selling debts between their own companies is going to get them a hefty slap....

 

I expect some of the other posters will be online later today to help out.

[the tinkerman]

Rfh 154A Fleet Road

Fleet

Hampshire

GU51 4BE

 

 

XXXXXXXXXXXXXXX

XXXXXXX

XXXXXX Oct 2004

 

 

Ref – xxxxxx – Arrangement under County Court Judgement, In Default

 

 

Dear xxx xxxxxxx

We refer to the arrangement payable under the County Court judgment which , was secured against you on xxx xxxxxxx 2000.

We Clarify where a Judgement has been secured with a minimum balance of £5000 the court permits a statutory rate of interest to be applied to the account from the date of the Count Court Judgement, at the rate of 8 % per annum.

In view of the above and, to avoid the balance from increasing, it is imperative that you contact this office within the following seven days to discuss the arrears outstanding on the account.

 

Should we not have heard from you, we shall have no option than refer your account to our solicitor for the consideration of enforcement action.

We look forward to hearing from you.

 

Xxxxxx xxxxxx

 

 

 

 

Now my point is as regards the CCJ it states " it is therefore ordered that you must pay the claimant £xxxxx fot the debt the in brackets ( and interect to date of the Judgement) "and that is it nothing else on the CCJ about adding interest after the CCJ apart from some notes at the bottom in a box which I would imgine is standard prceedure where it states Note for the Defendant:

 

If judgement is for £5000 or more or in respect of a debt that attracts contractual of statuory interest for late payment, the claimant may be entitled to further interest.

 

Also on a letter sent by the Solicitors after the CCJ where it mentions my liability for the client and confirms the balance outstanding and how much I need to pay each month as set out by the court their is no mention of any further interest being added to the balance.

I did ask the solicitors Chivers Easton Brown for a statement of accout back in July this year which shows all my payments on it but that is the first one that I have ever received and that was only through me asking for it, I also asked for a copy of the original credit agreement which I received, Dont know if this makes any difference or not but the copy I have is not signed for on behalf of the original creditor yet the copy they sent to me is? plusjust thought id mention that the APR on this loan was set at 50% extortionate I know but I was in a bad way at the time, This bloke was coming to my house demanding money that I owed him for some cheques that had bounced at a local cheque cashing centre and it was he who put me in touch with someone in Doncaster to arrange this loan even though my credit rating was already shot to pieces, I know now very stupid of me but you live and learn.

In light of me now having a full statement of account and a copy of the CCA should I still go for a disclosure under CPR 31.16.

Just thought I would also mention that it is the Solicitors Chivers Easton Brown that have been writing to me over the last year regarding my financial cicumstances and pushing for a Formal review they state on behalf of their Client as I refused to fill in a copy of an income and expenditure sheet as most of the questions they asked were outragous to say the least, also on the letter headings sent was the original creditors name until I pointed out to them that it had been assigned to Merit then they changed the letter headings to on behalf of Merit.

It has been Merit though who have been ringing me asking for more money to try get another loan to pay them off etc and someone ringing me at 9 oclock at night saying they where acting on behalf of Merit, but all that was a couple of years ago now since then I have not heard from them and the only Correspondence I have actually had from Merit was back in 2004 when they sent me a letter stating that the company name had changed from RFH Limited to Merit Finance Limited.

All a bit cloak and dagger if you ask me.

[sillygirl1]

Take the letter to your local CAB and Trading Standards, it is not on at all. You have been paying this alleged debt and they are trying to collect even more - seems to me they may not have any original paperwork.

 

I think you need to push the point that despite your change of circumstances you have always maintained payment.

 

Once the court has set the level of payment that is it, there is a form I think you really ought to ask them for to vary the agreement as they are being nasty, stab them in the foot - I think it is an N244 or an N245, and then you can get the case changed to a local court.

 

This simply is not on, they cannot push you to pay more than the court has ordered, and if the court are made aware of this harrassment (you need to send copies of all their letters to the court to put on your file and bring to a judge) they cannot do anything.

 

Sadly the money grabbing lot have now realised that people are far mor aware of their rights when they are in debt and are exercising them so they are resorting to dodgy practices to stop you getting this resolved.

 

As it is subject to court proceedings you can go for full disclosure of the documents they are relying on - the court paperwork has changed in the last five years - and you now need to get this sorted out otherwise you can be stung for it for the next 6 years and then the merry go round starts offf again.

 

As you have been making payments the statute of limitations does not apply.

 

I think you need to hammer this lot into an early grave.

[the tinkerman]

I know I have been a fool but needs must at the time just lost my job, Desperate, vulnerable call it what you will but was just trying to keep my family afloat only wish I kew then what I know now, like I said earlier you live and learn, I know they have a copy of the CCA as they sent it to me but I do not think they have a copy of the original CCJ, will ring the court tomorrow to see what I need to do to get the case changed to a local court, ask the question what does this hearing entail and to see if I need to form a defence.

Also can you please advise me of how do you go about going for a full disclosure plus whats your take on what you said back on page two back in July where you stated "that a CCJ can't be assigned without another hearing, surely if the original company went bankrupt there would have been an 'interim' hearing allowing the claim to continue?" is this true because if it is that did not happen with me I was just told by letter it had been assigned to rfs in 2002 and only received the letter stating that fact a year later in 2003.

[sillygirl1]

I've sent you a PM ( private message), please read it and get in touch...

 

This is getting a bit complicated due to the reassignment of the debt to the same company - as I showed you in the post on who Merit Finance/RHF are... the post I made in July was from my own experience with another bunch of nutters who said they would go for 'further enforcement' when none was available to them...

 

Keep calm and the situation can be overcome.

[GazNicki]

Hello,

 

I am aware that this is an old post, but rather than start a new thread, can I simply add to this one??

 

I myself have a similar problem. A CCJ was ordered by Warrington Court against me where I pay a minimum weekly payment to a company called Close Credit Management.

Soon after I was given a letter from a comapny called Shoosmiths who stated that they were now in charge of the account and payments should be directed to them, which I did on 14/10/2009.

 

Now I hve a letter asking for a I&E form to be completed as the lenght of time the order will take to complete will be quite a few years. The letter says;

 

Following a review of your account, we note your recent payments but would advise that at the current rate of payments the balance will not be cleared for a number of months.

It goes on to give me 10 days to complete the forms.

 

Now, I am being made redundant and on my last 3 days of work now, so my income will be Contributions Based Jobseekers Allowance, so I don't want to fill out the form and be found to be unable to pay and then this goes even further.

 

After reading this forum however, it seems that by changing the Company recieving my payments is in breach of the CCJ on their behalf.

 

Where should I go with this one? Should I continue to pay and ignore the letters, or should I stand my ground and take it back to the court and ask why the change of company without a Court Order, and why the review of my account after such a short time??

 

Any advice would be much appreciated.

[sequenci]

HI there, please consider starting a new thread, it helps people to help you!

 

keep paying the agreed instalment, if they want more money they will need to apply to the court for a variation of the judgment's instalment terms.