Visits to Court

[Ramseur]

Hi all

 

As stated, I am taking a Debt Collection Agency to the County Court. Well, the maximum amount of claim is £5000.

 

In this visit, this debt collection agency owes me £10 per month for the last 16 years, and if succesful, I have been told that with interest added this could amount to approximately £3500 which is a big slice of the £5000.

 

Can I then go back to Court and sue for a totally different complaint? How many times would they allow this?

 

It gould be placed in the High Court but I cannot afford anything like that.

 

Regards

 

Ramseur

[Ramseur]

Bump

[harrassed senior]

Not wishing to be intrusive, but we would need a little more information before being able to comment.

[Ramseur]

Harrassed Senior,

 

OK, here we go.

 

In 1993 I had a CCJ against my name and I was ordered to pay £10 per month. I commenced to pay that money, and I paid it for the next 16 years.

 

I thought I owed more, and they kept sending me differen account numbers with inflated amounts. I sent them an SAR.

 

They had I CCJ for £453 and had diverted my money to an account that was not mine. I am a 70 year old - with chronic heart failure.

 

When I saw what they had done, I phoned them and lost my temper: I ended up in hospital with another heart attack.

 

I am suing them for 16 years at £10 per month.

 

Then I will return to Court and sue them for misppropriating my money and causing an heart attack. There are a pile of other issues, as well.

 

This is a long story - cut short.

 

Ramseur

[Thailand]

I feel you are going to need lots of help with this, Ramseur, I hope that you get it.

 

Sorry to hear that an incompetant DCA has had an ill-effect on your health.

 

I think you will need to Subject Access Request the OC and maybe the DCA to find out all the information they have on you including payment history, account numbers etc...

 

I also think you'll struggle claiming any more than 6 years (if indeed you can claim and it is submitted correctly) due to the Limitation Act 1980 unless you can invoke section 32.

 

I really think you need lots of help, so i'll alert the site team.

 

Good luck sorting these monkies out.

[Ramseur]

Thank you Thailand,

 

The original debtor is no longer trading. Any help would be super.

 

Thank you, again.

 

Ramseur

[Thailand]

I don't know if you can take them back to Court, my guess is if it is for something totally different, then maybe....but there's no point in my guessing.

 

Have you already started court action? What did you put in your particulars of claim?

 

Out of my depth, but the Subject Access Request template is in the Library.

 

I assume you meant original creditor.

[Ramseur]

Hi Thailand.

 

I am talking to their solicitor. I have already received the Subject Access Request. They claim they have two Judgements. In The subject access request there is only the one from 1993. ( The case is about 3 CCJ - but there are two of them that are not mine.)

 

I have told their solicitor to produce the two offending Judgements. I have been waiting for 9 days. I email him about 10 times a day - and he ignores my requests.

 

Today, I told him he had 24 hours to produce hard coppies of the Judgements - or else it is all systems go.

 

 

Ramseur

[steven4064]

Hi Ramseur

 

You can find out about CCJs from the regsitry of CCJs - CCJs, court orders & fines - Search yourself and others - Trust Online

 

There is no problem in your case with claiming back over 6 years because you can invoke s32 of the Limitations Act 1980 for the remedy of a mistake. In that case, the 6 years starts from when the msutake was discovered not from when it was made.

[Ramseur]

Hi Steven 4064.

 

Correct me if I am wrong! Are you saying that I can claim for the full 16 years. I have a record of every penny they took from me since August 1993.

 

And, they used every penny of that to clear an account that is not mine.

 

 

Thanks

 

 

Ramseur

Edited September 2, 2009 by Ramseur

[steven4064]

Yes, I am sure you can - the relevant part of the LImitations Act 1980 is this s32(1)©

32 Postponement of limitation period in case of fraud, concealment or mistake

 

(1) Subject to subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either--

 

(a) the action is based upon the fraud of the defendant; or

 

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

 

© the action is for relief from the consequences of a mistake;

 

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

[2Grumpy]

After all this time I don't think that they can come after you for the original CCJ

 

They applied your money to the wrong account so presumably you are entitled to all of this back, plus interest.

 

A letter demanding repayment might get a response (and some cash) but if you don't go to court you won't be able to enforce the 8% interest

[Ramseur]

Hi Steven4064

 

That is great! I really do not know how many times I might ask questioons of you?

 

For example, the debt collection agency took £1920 that should have paid my CCJ and decided to clear another debt (with no Judgement) and leave the amount owing on the the account that had a judgement - but that arrives later.

 

Right now, I am on the verge of appearing in Court, and the opposing solicitor must be licking his lips!!.

 

The first thing I need to do is to calulate how much I claim for the misappropriation of my money. I need to calculate 16 years at £10 per month.

 

Can you help me with this?

 

Ramseur

Edited September 2, 2009 by Ramseur

[Ramseur]

Hi 2Grumpy,

 

I do appreciate all of this help. My problem is I am only relating what I think is important.

 

For example, when they took my money to clear this nefarious account, they left the original CCJ debt lying dormant since 1995. They then sent this to a debt collector called Response Credit management to pursue the debt - that is when I had my heart attack.

 

Ramseur

Edited September 2, 2009 by Ramseur

[steven4064]

The first thing I need to do is to calulate how much I claim for the misappropriation of my money. I need to calculate 16 years at £10 per month.

16 years at £10/month is 16 * 12 * £10 = £1920

 

You should write a preliminary letter pointing out their mistake (and giving details - accountnumbers and so on) and asking for the money back. Tell them they have 14 days to comply. Tell them that, if they don't, you will then send them a Letter Before Action giving them a further 14 days and after that you will take them to court without any further correspondence.

 

If you get to take them to court, you can add 8% interest which, in your case, will come to an additional £1360

[Ramseur]

Hi

 

The original CCJ was in August 1993. The award consisted £301.33 + Costs. However, there was an accounting error and the "true" amount should have been £164.13 - and not £301.33

 

I had informed the Original Creditor that I no longer resided at the matrimonial of in Nottingham and had removed to London. They had a telephone contact number.

 

I was in the process of discussing the debt when I found that the OC had obtained a Judgement in Nottingham. The OC had sent the court notification to my ex-wife's address in Nottingham - but not to my London address. The OC had denied me the right to defend the case.

 

Although the debt has been dormant since 1995 and is statute barred, the debt collector has told me that they retained an option to activate the Judgement.

 

So, I intend to overturn the Court's decision of 1993 on the grounds that I was denied the opportunity of defending the case, and that the OC had inflated the value of their claim.

 

Can anyone see problems - if not I will continue to the next episode.

 

Ramseur

Edited September 2, 2009 by Ramseur

[harrassed senior]

Hi, so glad that you are getting all this help.

 

Most of this is now going 'over my head' so to speak, but I do know that the Statute barred rule does not apply to a CCJ this remains for ever. The only thing that is restricted to 6 years in the CCJ Report on your Credit File.

 

I will keep reading with interest - good luck

[Seminole]

You've mentioned that you're going to court a couple of times. Have you already issued a claim or has someone issued a claim against you? If so please could you post details deleting any personal information.

 

You mention that you have been paying £10 a month since the judgment but you then say that you weren't aware of it at the time (the claim forms were sent to the wrong address). Please could you clarify this.

 

You need to tread very carefully here. It looks as though you have been the victim of an appalling administrative blunder by a DCA. However, there are only certain things that a court can do (at least on the small claims track) and if you word your claim too widely it may be rejected or put on a track that does expose you to costs.

[2Grumpy]

Can they really try this on again after 14 years?

[Ramseur]

Hi Seminole

 

Right now, I am in coversation with the opposing Solicitor and I have not issued a claim as yet.

 

In 1992, I asked the OC to take the car back as stated in a termination of agreement. The OC told me they didn't want it and instructed me to have the car auctioned and hand the proceeds to them - which I did.

 

I do have proof of this.

 

This mistake in the address. I do have three letters from the CAB to the OC stating that I no longer resided at the matrimonial home.

 

Ramseur

[Ramseur]

Hi 2Grumpy,

 

It is now 16 years. The worst is yet to come.

 

 

Ramseur

[steven4064]

I refer you back to post #15

[Ramseur]

Hi Seminole,

 

When I found out that a Judgement had been issued, I travelled up from London and called in at the Court.

 

I told the people that I could not afford to pay the amount forthwith, I asked for time. I wrote in to the Court and they agreed £10 per month. This was in 1993.

 

During 1992, I received a letter from the OC telling me I owed on three accounts and they just provided numbers - like **/****** which made no sense to me, and they said I owed about £7000. I did not see the Judgemnt. I felt very relieved to be paying the £10.

 

I have discussed this with the CAB - after an hour - a supervisor arrived in the room and told be he believed that the whole issue was fraud - and suggested a solicitor.

 

Ramseur

[Seminole]

Thanks. That clears things up a lot.

 

Could you name names? Which DCA have you been making payments to?

[Ramseur]

Hi Seminole,

 

 

Gothia Limited is the main one - and they have used Response Credit Management.

 

 

 

Ramseur