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CCJ or Not?? Please help!!!!!


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I recieved court papers from Copes solicitors on behalf of Arrow Global in March 2008 for £6228.89. I stupidly responded admitting part of the debt £4380.38 but disputing the rest.(I have since learnt this debt would have been Statute Barred and I do not think Copes would have been able to prove any of the debt anyway or legal transfer of the debt)

On the 22nd of October 08 I recieved a letter from County Court which stated Unless the claimant do file an allocation questionaire by 4pm on 05 November 2008 the claim will be struck out.

The next letter from the court was on 14th November 08 which ordered Judgement for the claimant the sum off £4380.38 with the claim for the balance to be allocated to the small claims track.

on the 10 April 2009 I recieved a letter form the court advising the claim was struck out.

I recieved letters from Copes demanding the whole amount saying they recieved judgement which I disputed. They then admitted they had lost(verbally and they would leave me alone).

They contacted me earlier this week and said they did recieve judgement for £4380.38 and they would be persuing this debt, I have checked my credit file and the rgister of judgements and nothing is showing against me. I phoned the court and they advised the claim had been struck out.

 

I am affraid that the court made a mistake and don't want to get a CCJ registered now as my credit file is looking good after years of problems.

Have Copes got a CCJ and the court made a mistake or was the claim struck out and if so where do I stand?

Edited by mickyp1
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The claim has been struck out as per the Courts letter of 10th April 2009.

 

The decision of the Court is final and you may wish to point this out to Copes together with a copy of the letter of the Courts decision.

 

If it is Statute Barred, then it is Statute Barred.

 

Tough on Copes !

 

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Thanks I thought Copes were trying it on.

 

It concerned me when they told me they had got a judgement as per the second court letter.

 

I thought that if I admit to any debt as I did in the court papers that the 6 year clock was reset and then was not statute barred? So could they try for another CCJ?

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  • 3 weeks later...

Hi Have just recieved a letter from Copes enclosed was another letter from the county court dated 9th March 2010 copes had sent them a letter regarding this claim the court stated 'your letter has been referred to the district judge who has made the following comments: the order dated 14th November 2008 has not been set aside therefore the judgement stands'.

 

Is there any way I can appeal this as there was nothing showing on my credit file and when I checked the register of judgements last year there was nothing showing?

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Have a look at this thread.

 

Some of Cope's tactics are dodgy to say the least.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191951-copes-solicitors-have-they.html

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Can you post up the letter from the court, removing any case references and you personal details? Does it specifically refer to you?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I spoke to the court this afternoon they have confirmed that the judge has reviewed this and the judgement stands, the letter is from HMCS and has the case referance number on it, I will post a copy in a short while.

 

However just so people are aware I to have had the previous dodgy letters from Copes claimimg they had judgment for the full amount even when the case had not been to court!!

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My understanding is if its statute barred, even if you admitted you had a debt, theirs nothing they can do. They have railroaded this through to get judgement.

Another defence to this maybe the amended CCA 2006. If you have had no contact, I'm assuming no statements for this account.

 

9.Fixed -sum annual statement

The CCA now requires creditors under a regulated fixed sum agreement (with a term of more than 12 months) to provide annual statements. This requirement is contained in a new section 77A of the CCA .Failure to comply with this section will mean that the debtor is not liable to pay interest or other default payments in respect of any period of non compliance when a statement is due, but has not been sent nor will the creditor be able to enforce the agreement during the period. This provision will apply to existing agreements as well as agreements made after commencement of this requirement.

 

Debs

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So what was the strike out about? Can you post that up?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Thanks debbbbsy, You are correct the first time I got a statement from them was today with a copy of the court letter and a copy of the judgement, this debt has been transfered several times with no letters explaining this to me. What do you think I should do now?

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DonkeyB they told me the strike out was only for the part of the claim I had disputed in the original court papers...

Copes made a claim for £6228.89 I admitted £4380.38 but disputed the rest. So they got Judgement for 4380.38 but the rest was struck out I think?

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Hi all I have done some digging through my old bank statements, and the last payment I mad on this was September 2002, so it would have been statute barred in September 2008? I recieved the court papers from Northampton in March 08 but this did not go to court until November 08. Does this count as being Statute barred because of the court date or does the fact the court documents came to me before 6 years mean it is not covered?

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