Buchanan clark wells - ccj help - **CLAIM DISCONTINUED**

[cosalt]

Hi caggers

 

Got a letter from Buchanan today saying 'POST -LEGAL NOTIFICATION' Saying they believe from their client ( CL finance ) that they have successfully undertaken litigation against me, and are now authorised to add interest to the outstanding county court judgement.

 

This relates to a Dorothy Perkins card that they have never sent a CCA for following our request. We have recieved threatograms from CL & howard cohen but have just ignored them.

 

Do I assume this is just another threatogram as we have not received anything from them (or the court ) in relation to this so cant see how they could have got a CCJ

[MorganaNK]

Someone else who is more in the know than I will surely be along to advise you... but I always thought that unless they got the judgment via an old address then you would have received notification of legal action so that you could file a defence...

[cosalt]

Thanks for replying MorganaNK.

 

I can't believe it is any more than a scare tactic...

[comebackjimmy]

Hi

 

Not an expert so wait for one to come along but...

 

On their letter is there any kind of reference to the judgment, even a date?

 

(You don't need to put any details up here just yet but just answer the query).

 

Use these guys;

 

CCJs, court orders & fines - Search yourself and others - Trust Online

 

to find out if there is anything against you.

 

If it was recent I guess it is possible they haven't got it listed. I think you have 30 days to pay a CCJ before it hits the CRA's in which case they would not find it but don't quote me on that.

 

I would agree with MorganaNK. If you haven't moved since taking out the agreement they would serve you at your current address and you would have several letters from the court during the process.

 

Could you confirm whether you have moved since taking out the DP agreement and if so, have you had any correspondence from DP at your new address?

 

I personally prefer to ignore DCA's if at all possible so as to deny them the pleasure of provoking a response. However, if you are worried about it you could write to them and ask them for full details of the judgment against you.

 

Wait for some other CAGers to post as they will possibly have some better advice/direct experience.

[comebackjimmy]

Hi again

 

Do you have good proof you sent the CCA request?

 

In the event you do have a CCJ that might help to get it set aside as they would have been taking enforcement action before providing you with a copy of your agreement.

 

(Probably getting ahead of the script actually but just thought of it!).

[Huff&Puff]

Please could you post a scan of that letter, with your details removed? I think this is a tactic where they pretend to have won a CCJ when they haven't. If so, there are several authorities who they must be reported to.

[cosalt]

Hi, just to clarify we have moved since taking out the agreement, however they have corresponded to us at the new address.

 

I have checked the register and there is no ccj registered.

[Bazooka Boo]

Did you check both addresses? Just in case!

 

If they have won a CCJ by default, by sending the court papers to your old address then this alone will be enough to have the CCJ set aside.

 

As previously said, scan and post it up here so others can have a look.

In the mean time, send a copy of it along with your complaint to the OFT, TS via consumer direct, check you credit file also if that is of importance to you, and see what they have left on there, if anything?

 

If as suspected, they don't have any CCJ, then I would seriously be considering proper legal advice and taking them to court and suing them for damages.

[cosalt]

Hi, thanks everyone for the continued help.

 

I have checked under the old address also and there is nothing registered there.

 

I will scan and post up the letter today.

[cosalt]

Ok, I have looked back through previous correspondance and there is a letter from Howard Cohen in October saying I should now have received my County Court Claim and gives a Northampton 9XYxxxxx number.

 

At the time we just ignored it assuming if it was for real we would receive something through from the court and we could obviously then defend.

 

Is there any way we can phone Northampton to check if this reference is real? I have looked and can't find any contact number for them.

 

As I said before there is nothing registered against us.

[cosalt]

Ok, have found the court number, have phoned them and the court say it is a real case number and it was served to our old address in July 09

 

What do we do now ? They never sent a CCA, and we have obviously never had any court papers.

 

I have now also found a letter saying they (howard cohen) have 'Today submitted a county court claim' dated 12th October 2009 to our correct address which we again ignored ( stupidly ) assuming it was a threatogram.

 

Again nothing registered on the CCJ register.

 

Any help appreciated !!!

[PGH7447]

you need to read the legal forum about getting this judgement overturned, there are several threads in there

[IdaInFife]

moved to legal issues

[cosalt]

Many thanks Ida, could really do with some help as to what to do now, the court says we can fill in a form to defend but as I have never seen any paperwork I am not sure what I am defending?

[IdaInFife]

as advised above you need to apply for the ccj to be set aside so it puts you back to the postion of defending the claim

 

(i am in ecosse so may have some details wrong but someone will correct me)

 

it costs £75 unless you are exempt due to certain benefits

 

you need to file a n244

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[cosalt]

Thanks again Ida, is this the correct form to use as the court says an N9B?

 

They would not tell us if a judgement has been made against us only that the claim was submitted in july ( although we have a letter from Howard Cohen saying they submitted it on 12th October 2009 ) and there is nothing on the register.

 

Sorry to appear helpless but we have been pretty self sufficient so far with dealing with creditors following other threads on here but this has now moved on to a stage we have not been to yet.

 

Cosalt

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/legal-issues/229412-i-want-set-aside.html#post2735862

[IdaInFife]

theres prob with the links at mo

[IdaInFife]

it is a n244 if a ccj already granted

 

i think a N9B is for a defense and counterclaim

[palomino]

If they have won a CCJ by default, by sending the court papers to your old address then this alone will be enough to have the CCJ set aside

 

This is misleading. You will not have a CCJ set aside solely on the grounds that the claim was sent to the wrong address. You will also need primie facie grounds that would have enabled you to have the CCJ set aside if the claim had been sent to the correct address.

 

 

In this instance the OP does.

[cosalt]

Right, not sure where to go now, don't know if the CCJ has been granted ? The court would not say ( should they ? ) there is nothing listed.

 

From what I can see the creditor has to apply for the judgement after the allowed time has passed for us to defend ? May be they have not done this yet. Don't want to contact them as they may then apply.

 

Confused

[cosalt]

This is misleading. You will not have a CCJ set aside solely on the grounds that the claim was sent to the wrong address. You will also need primie facie grounds that would have enabled you to have the CCJ set aside if the claim had been sent to the correct address.

 

 

In this instance the OP does.

 

Thanks, but surely I have the right to defend ( even if my defence is no good ) but I have been denied this right by not receiving any paperwork.

 

They have the right address as they wrote to me at the right address telling me they were submitting a claim to the court ?

[Mightyacorn]

I am no expert but, I would have thought, that interest could not be added after CCJ granted. I have a number of CCJ's and I've not had interest added to any, they just direct that the full amount be paid at once to the Claimant, after that it goes to the Court Bailiff. I have had to go back to Court and ask for variation to pay by instalments, but never had interest added.

 

I suggest that ALL your paperwork, after editing, be posted so that anyone giving advice can see where you're up to.

 

It might also be handy to know when you left the address to which the paperwork was sent, and also if, after you left the address, but before the alledged CCJ was granted, if you received any paperwork at all at your new address from the Claimant.

[cosalt]

Hi Mightyacorn, thanks for the advice.

 

There is nothing really to post up, I only have the following:-

 

1. A letter from Howard cohen saying that CL Finance have been asigned the debt from santander and they were today submitting a claim to the court

 

3. A letter from Howard Cohen dated 22nd October saying I should have received the court claim.

 

4. A letter from Buchanan Clark wells dated 7th december saying that Aktiv Kapital had bought the debt from CL finance.

 

5. A letter from Buchanan Clark Wells dated 25th January saying that litigation had been successfully undertaken against us and interest can now be added at 8% per annum to the outstanding CCJ.

 

All the above were sent to our new correct address.

The only other info we know is:

 

1. The court say a claim was submitted by CL finance in July to our old address

 

2. There is no CCJ registered against us

 

3. We have received no paperwork relating to the court claim.

 

4. We can't find out if a CCJ has ever been granted

 

 

It would appear to me that CL finance submitted the claim but took it no further, Aktiv Capital have bought the debt under the impression that a CCJ had been granted.

 

Can any one confirm that the CCJ is automatic after it has been submitted if we do not respond, or would CL finance have to apply for it ?

 

Any help appreciated

 

Cosalt

 

Any help much appreciated.

[cosalt]

Based on the above and that BCW are acting for Aktiv Capital, not CL finance. Should I write to BCW asking for evidence of the CCJ ? Or is this risking it ?

 

Cosalt