Visits to Court

[Seminole]

Thanks for that.

 

Just to summarise, you became aware that you had a CCJ in 1993 but you didn't receive court papers setting out the claim. You visited the court and made a successful application to make reduced payments of £10 a month. You didn't know at the time how much the judgment was for.

 

Since then you have made payments of £10 a month, only stopping when you became aware that a mistake had been made. The company you were paying is Gothia. They appear to applied these payments to two incorrect accounts and have recently passed the original judgment debt out to Response who have been chasing you.

 

You made a SARN- to whom did you make this? What was provided in response? If it was sent to Gothia and they have been receiving the payments they should have provided you with a great deal of information regarding the account inclusing some of the original documentation relating to the agreement and judgment plus details of how they have been dealing with your payments.

[Ramseur]

Hi Seminole,

 

From 1993 through 2009, I continued to pay my £10 per month. Every so often I ceieved threatening letters and phone calls. I repeated to these people that I was paying £10 per month. They called me a liar, blah, blah.

 

Nothing disaterous happened. Gradually, I got on my feet and I was concerned that the DCA would find out I had my own car etc, and take me back to Court and increase the payments.

 

However, Last August, I recieved a demand for £301.33 from Response Credit Management. After reading some articles on this Site, I sent RCM a demand to see the credit agreement and £1. I then found that Gothia Limited was responsible. I phoned them and lost my temper, and ended up in hospital with a heart attack - I am 70 - with chronic heart failure.

 

Anyway, I later phoned them again and demanded explanations, and surprise, surprise I got an apology, and a promiis of an internal investigation.

 

After further reading here, I sent them a £10 postal order for the Subject Access request. I received a lot of documentaion. They really believed that they had three Judgements, however, there was only one Judgement and that was the one in 1993.

 

Contained in the documentation, I found a letter from the solicitor who dealt with the original CCJ: in that letter he informed the DCA that the agreement the DCA had sent to him, "does not have a ****** under the agreemnet - the asterisks are my name. This was in 1993 - the OC and Gothia knew the account was not mine - when the CAB was shown this - the advisor was flabbergasted.

 

 

ramseur

[Seminole]

Absolutely astonishing. Other than the letter from the solicitor, is there anything else in the documentation that makes it clear that the two debts are not yours- copies of contracts etc etc?

 

Have Gothia writtent to you explaining what has happened? Have they made any admission that they have made an error. You have mentioned that you are in correspondence with a solicitor. Is this Gothia's solicitor?

 

Based on what you've said you are absolutely right to reclaim all of the payments that you've made less payment of the original judgment debt plus interest. As others have said the Limitation Act doesn't apply here. My concern that unless Gothia hold up their hands and agree to repay you, the court process may be quite long and stressful.

[Ramseur]

Hi Seminole,

 

Gothia offered to write off the £301.33 as a gesture of goodwill. That was an empty gesture.

 

I have repeatedly asked Gothia to produce evidence of the two Judgements - but they are very silent. I have been asking the Solicitor the same request - very silent.

 

I have repeatedly asked them why they misappropriated my payments to a nefarious account and not the account with the Judgement - silence

 

Ihave had a letter from Gothia asking me to agree to a direct debit and they seemed very polite - in reality all they wanted me to do that for was to start the clock again

 

Well, I have got to take them to Court and I haven't got a clue of what to do or say.

 

 

Ramseur

[Seminole]

OK. I need to think about this and I will post something more detailed up here tomorrow.

 

In the meantime, a couple of thoughts:

 

1) I'm not sure that you should try to get the original judgment set aside. Whilst it is for the wrong amount and you weren't notified of the proceedings, you have been making payments and it is an extremely old judgment. You risk distracting the court with this application and Gothia have already offered to refund the full amount paid towards it (I assume that this offer is in writing).

 

2) Before issuing proceedings, you need to send Gothia a Letter Before Action setting out the details of your claim and giving them 14 days to respond. Going down this path will enable you to claim back all of the payments over and above the amount of the original judgment plus interest.

[Ramseur]

Thanks very much, Seminole

 

Cheers

 

Ramseur

[Seminole]

OK, I've thought about this a little more.

 

Before starting to issue threats of legal action, I think you may be better off simply writing a letter to Gothia setting out the facts of the matter clearly and concisely. Start by giving them a history of what has happened between the original CCJ and today including details of the ill health this has caused you. After this set out what you have paid them over 16 years. Finally ask for a refund of everything that has been paid less the correct amount of the CCJ Tell them you you look forward to their reply and cheque within two weeks.

 

If they fail to reply adequately or at all to that letter, then hit them with a formal LBA which I'll help you draft and a claim if necessary.

 

I'm suggesting this for two reasons. A concise summary of events and request for a refund can form the basis for any eventual claim. Also, this may be the least stressful way of bringing this matter to a conclusion. Any sensible company will respond properly in your circumstances and this is the best way to evoke such a response.

[Ramseur]

Hi Seminole

 

Thank you very much.

 

If I prepare such a letter, would you cast your eye over it, prior to despatch?

 

Regards

 

 

Ramseur

[Seminole]

Absolutely. Either set out the draft in a PM or let me know when it's ready and I'll PM you my email address.

[Ramseur]

Hi

 

I now need urgent help.

 

On Monday, I am commencing Court proceedings against a debt collection agency, Today, I received this email from the oppositions' solicitor.

 

Quote

"My client does not hold a copy of the Judgements. This does not mean that the Judgements do not exist.

 

You claim that the Judgement should have been paid some years ago. If this was correct there would be no reason why you continued to make payments after the time where you believed thatthe debt had been paid.

 

No further correspondence will be entertained as we believe your questions have been addressed. Further emails in the frequency and tone of previous communications will result in our instruction to obtain injuntive relief against you. Unquote

 

As you will remember, central to my case was the question, "Have you a Judgement in your possession?"

 

This solicitor is telling me that they have not got a Judgement, but they believe that one exists.

 

He knows that on Monday, I commence proceedings against his client, and he is accepting that a Judgement does not exist!!!! Am I missing something?

 

Ramseur

[steven4064]

Have you looked on the register of CCJs as I suggested earlier?

[Ramseur]

Hi Steven 4064,

 

I visited the Court in person. I was informed by the clerk to see a solicitor, she said that all cases were cleared after six years. It was when I told her the date was 1991 - she was shocked.

 

The Judgement under review is not mine.

 

Ramseur

[steven4064]

In that case, there is no problem

[Ramseur]

Steven4064,

 

Is there any chance that you might help me with the preparation of the case?

 

 

Ramseur

[steven4064]

Possibly - the way to do it is to post here so that others can chip in - I am substcribed to the thread so I will see it all

[Ramseur]

Steven4064

 

Thank you so much.

 

 

Ramseur

[Ramseur]

Hi all

 

I would appreciate any help with preparing to sue a debt collection agency.

 

I am a 70 year old with chronic heart failure, and if I become too excited I am concerned about my heart.

 

Central to my argument is the existence/ non existence of a Judgement. This debt collection agency has been accepting a payment from me for 16 years. I believed it was being credited to a true Judgement - but they credited the money to some other Judgement - that was not mine.

 

When I found out what was happening I hit the roof. They have always claimed that they had a Judgement and they had the authority to credit whichever account they wanted.

 

I have now found out, they never did possess a Judgement, the believed they had.

 

How do I explain that to a Judge?

 

Ramseur

Edited September 17, 2009 by Ramseur

[steven4064]

I still think you should get a report from the REgister of CCJs - that is difinitive and would provide evidence about the CCJ you did have and the one you didn't - CCJs, court orders & fines - Search yourself and others - Trust Online

[Ramseur]

Steven4064

 

OK

 

I have done that "Nothing Registered."

 

Do I show that to the Judge?

 

Ramseur

[Ramseur]

Bump

[Ramseur]

Bump

[steven4064]

Print off and attach to your claim as evidence that DCA are barking up the wrong tree

[Deb T]

Claiming that a company/collection agency caused you a heart attack would be both difficult to prove and expensive on your wallet., you've already stated that you have chronic heart failure and your meidical history and expert witnesses such as physicians putting their reputation on the line for you...well it's all a bit messy. You should concentrate on nailing home your case you've posted within the thread ...them causing you a heart attack whilst easy to identify with is not something easily proveable.

[Ramseur]

Hi Deb T

 

i am not claiming causation of a heart attack, as I already have chronic heart failure.

 

Any unexpected event, losing my temper etc can bring about a heart episode.

 

When I phoned the DCA the operative would not listen to me, and when I told him I was experiencing difficulty in breathing - he just laughed, I lost my temper and ended up in hospital.

 

Ramseur

[Deb T]

Ahh, I read you in your second post in the thread

 

'Then I will return to Court and sue them for misppropriating my money and causing an heart attack.'