Order of Sale Court Date

[remybarnie]

This is not for me but for a relative.

 

This relates to a very old Credit Card debt. The Credit Card Company several years ago could not supply a CCA, my relative was not in the UK. Yes they where aware of her address abroad and wrote to her there and a they agreed to write of the debt if she paid 30% I believe the debt was around £4000.

 

My relative heard no more about this. She has since discovered that the debt was sold to a DCA and a CCJ obtained at a previous address. Even though the CRedit Card Company knew her address abroad and had written to her there! They next obtained an Interim Charging Order. Needless to say the County Court Summons, Interim Charging Order nor the Final Charging Order.

 

The first time my relative knew about this was when the Letting Agent sent a letter from the local Solicitor that the DCA have instructed. Again proof that was settled with the MBNA was sent to the Solicitor and ignored. My relative has a correspondence address to deal with this and has requested that the Solicitor emails and posts correspondence again they failed to do this. My relative also requested the Deed of Assignment to double check this is MBNA. Again all proof relating to debt they have refused to acknowledge and indeed refused to send any documentation that the DCA owns the alleged debt.

 

They obtained the Charging Orders at one of my relatives rental properties which she owns.

 

My relative sent to the Court a N244 (I believe to get the judgment set aside) this was sent Oct/Nov unfortunately during the postal strike. She has heard nothing however she is currently in the USA as a close relative has died. Yes there is proof of this, including from the US Funeral home!

 

However now the Letting Agent has emailed to say the Solicitors for the DCA have obtained a Court Date for the Order of Sale. The Solicitor is currently ignoring all correspondence.

 

Obviously we will chase up the N244 with the Court but does anyone have any other advice?

 

If seems very apparent they are pushing this through by using previous addresses even when they know my relativ e is out of the Country and that this has been settled. The Solicitor has even responded how can they have a Deed of Assignment when the debt is years old? lol

 

Additionally should they have obtained an EEO European Enforcement Order?

 

Its just unbelievable.

 

Edit: I forgot to say the Solicitors even wrote to my relative at a very old address 2 addresses back with MBNA. Even though MBNA had corresponded with my relative at newer UK address and then abroad when she moved to Europe. Fortunately the current occupiers forwarded! We have informed the Solicitors that this is a braech of the DPA.

 

Do we have any claim against these Solicitors? Its a local town firm close to one of her rental properties. Further to this I have checked the qualifications of the Solicitors dealing with this a Legal Executive who comes from a DCA and a Trainee Solicitor. I wondered about a complaint-Solicitors Regulatory Authority in view of ignoring correspondence, breaching DPA etc

 

Reading the Solicitors website under Debt Recovery they are paid on results if a commercial firm instructs them, for example a DCA. That is there terms. They have a vested interest to get this through the Courts.

Edited February 23, 2010 by remybarnie

[PriorityOne]

This is not for me but for a relative.

 

This relates to a very old Credit Card debt. The Credit Card Company several years ago could not supply a CCA, my relative was not in the UK. If your relative was not in the UK at the time, then who made the CCA request and from what address? Yes they where aware of her address abroad and wrote to her there and a they agreed to write of the debt if she paid 30% I believe the debt was around £4000. She made a CCA request from a different country? Unless this settlement was made as a Full & Final Settlement, then they would have accepted the 30% and sold the balance..... as a way of getting something out of your relative when they can't provide any documents. This way, your relative will have thought she was getting a good deal, when she probably wasn't.

 

My relative heard no more about this. She has since discovered that the debt was sold to a DCA and a CCJ obtained at a previous address. They would have had no knowledge of her being abroad and have somehow obtained a previous address from one of their sources; electoral role; DVLA and so on. Even though the CRedit Card Company knew her address abroad and had written to her there! The DCA is a different company and may not necessarily have known your relative was abroad. Creditors don't always provide any paperwork with the sale of these accounts. They next obtained an Interim Charging Order. Needless to say the County Court Summons, Interim Charging Order nor the Final Charging Order. Unfortunately, some DCAs do that when there's no correspondence received back at all, as was the case here....

 

The first time my relative knew about this was when the Letting Agent sent a letter from the local Solicitor that the DCA have instructed. Local?Again proof that was settled with the MBNA was sent to the Solicitor and ignored. If it had stated F&F, she could have fought this one... My relative has a correspondence address to deal with this and has requested that the Solicitor emails and posts correspondence again they failed to do this. If they're working for the DCA, they won't be in a rush to do what your relative wants, especially if she's abroad, can't do much to stop them and, if they already had what they wanted anyway; a CCJ. My relative also requested the Deed of Assignment to double check this is MBNA. She wouldn't have got the D of A because of data protection rules.... and unless all requests were made as legal requests for info., they would more than likely be ignored, yes. Again all proof relating to debt they have refused to acknowledge and indeed refused to send any documentation that the DCA owns the alleged debt. A SAR would be the way to get this info. legally..

 

They obtained the Charging Orders at one of my relatives rental properties which she owns. How did they get that info. then? Did she tell them? If not, they may have just carried out a search with the Land Registry.

 

My relative sent to the Court a N244 (I believe to get the judgment set aside) this was sent Oct/Nov unfortunately during the postal strike. She has heard nothing however she is currently in the USA as a close relative has died. Yes there is proof of this, including from the US Funeral home! Sorry, but it makes no difference what country she can prove she was in if she wasn't here to sort things out. If she wants to take legal steps to deal with this one, then she needs to be able to follow them through. She should have followed this one up for herself at the time and afterwards.... the postal strike wasn't on forever. Apologies if that sounds harsh...

 

However now the Letting Agent has emailed to say the Solicitors for the DCA have obtained a Court Date for the Order of Sale. The Solicitor is currently ignoring all correspondence. Yes, because your relative has no proof that she's even sent letters, by the sound of it. They need to be tracked, for a start.

 

Obviously we will chase up the N244 with the Court but does anyone have any other advice?

 

If seems very apparent they are pushing this through by using previous addresses even when they know my relativ e is out of the Country and that this has been settled. It's only been settled in the eyes of your relative.... if it wasn't a F&F settlement. The Solicitor has even responded how can they have a Deed of Assignment when the debt is years old? lol They would have had one, but seeing it wouldn't help you with the CCJ or CO.... even if you did get to see it, which is highly unlikely.

 

Additionally should they have obtained an EEO European Enforcement Order? I've no idea about that one...

 

Its just unbelievable.

 

Edit: I forgot to say the Solicitors even wrote to my relative at a very old address 2 addresses back with MBNA. Even though MBNA had corresponded with my relative at newer UK address and then abroad when she moved to Europe. Fortunately the current occupiers forwarded! We have informed the Solicitors that this is a braech of the DPA. Well, even I'm a bit confused with this para....

 

Do we have any claim against these Solcitors. Its a local town firm close to one of her rental properties.

 

To be honest, I doubt it.... and on what grounds? They're not acting on your behalf; they're acting on behalf of the DCA. Therefore, it's the DCA that you should have dealt with because instructions would have come from them. I can understand how frustrating this must be if your relative thought she'd settled this and then found out that actually, she hadn't.... not in legal terms anyway.

 

My advice to her would be to get back into the country quick to defend the CO somehow...

Edited February 23, 2010 by PriorityOne

[remybarnie]

Yes MBNA have sent a letter that it was settled (full and final) nand she would receive no further correspondence in relation to the debt. It looks as though they have sold it to a DCA ( as a job lot with other peoples debts??).

 

Whats more worrying is MBNA had her address and sent the full and final settlement letter to it. The DCA and Solicitor have pursued and obtained judgements at earlier addresses.

Edited February 23, 2010 by remybarnie

[PriorityOne]

Ok... then she needs to be able to produce that letter. She also needs to be back in the country before it's too late.... this has gone on long enough without her challenging it through legal requests to the DCA and so on....

[remybarnie]

Yes the letter has been sent to the DCA's Solicitor and with the N244. Unfortunately she does live abroad now permanently Europe and is currently in the USA. Legal requests have been made to the DCA's Solicitor and they say the debt is several years so no proof of assignment. Yes they took 4 months to say this. They been sent MBNA full and final settlement plus proof MBNA knew her address abroad.

 

I will chase the the N244 tomorrow. Not surprisingly the DCA is Frederickson International aka Arrow Global they seem to use similar tactics on a regular basis from what I read via google.

 

EDit: The reason this was not dealt with is the DCA/Solicitor sent correspondence to very old addresses even though MBNA had her current address. Clearly the Solicitor has a vested interested too as they paid by the DCA on results. Its on the Solicitors web site. Its a fluke we even know about this now.

 

Quote direct from DCA'S Solicitors Web site "

 

"Costs

 

We make no charge for debts that are not recovered prior to Court proceedings being issued. We will be pleased to discuss your requirements and agree charging rates with you."

 

No doubt the Solicior has a vested interest to get this through the Courts

Edited February 23, 2010 by remybarnie

[remybarnie]

Quick question the N244 was sent to Northmapton Bulk Claims was this the correct place to send it to, as the CCJ came from there? The Charging Order is at London Court.

 

Further to this does anyone know if the EEO (European Enforcement Order) defence could be used as MBNA had written to my relative at this address? Yes we have the MBNA Correspondence.

 

Clearly the DCA pursued this without having all the current information or they where ignoring the MBNA Correspondence.

 

Unbelievable as it may seem yes the DCA's Solicitors did write to my relative at a previous address 2 addresses back. They wrote to a London addresses when she moved she gave MBNA her Manchester address and they sent statements for a couple of years to the Manchester Address. When she moved moved to Europe they even corresponded there which is when the full and final settlement was agreed. Yes we have written proof MBNA knew her Manchester and Europe address.

 

Fortunatley the occupiers of the London address where diligent and forwarded it.

 

Reading the Solictors Regulatory Website they do have a duty of care and yes 3rd arties can complain. The Solicitors clearly breached the DPA here.

Edited February 24, 2010 by remybarnie

[PriorityOne]

To be honest, I can't advise you on the best way of trying to fight this other than to get your relative back to this country. If anyone else has any other ideas, then I'm sure they'll post them up shortly.

 

[remybarnie]

Just for info her Daughters found the Proof of Posting for the N244 that was sent to Northampton Bulk Processing where the CCJ was issued . Nov time I think, so that is a good start. I believe that was snow/postal strike time when the News was showing backed up Post.

 

I also discovered today Land Registry does not update records/deeds from Interim to Final Charging Order. I got that from the HMRC web site. I phoned the Courts and there is no public record of Charging Orders. So if for whatever reason you do not receive court papers for the Final hearing you are stuffed.

 

My relative this afternoon emailed and faxed the Courts for more info, unfortunately due to the time differences it could not be sooner. We really need to see the documents/hearing details etc

 

It does make it clearer how companies such as Arrow are able to get away with this by using previous addresses.

 

I did start another thread purely about this in case it helps someone.

 

If anyone has any ideas about this at all please do Post/PM me.

[palomino]

One small point : county court claims can only be made against UK addresses. This might explain part of the problem.