Tower Capital ~ Is this a threat?

[sully123]

I have a few pay day loans, I notified them all when I lost my job, got my card changed, have my benefits paid into my wife's account.

 

Anyway I have been backwards and forwards with Tower, Sent in proof of income, signing on book, income and expenditure sheet.

 

All this has been done via email, Now this morning I receive an email which mentions a County Court Judgment, Surely I would have been sent a letter telling me I am going to court, Thus giving me a chance to defend,for this court judgment number to be processed it must surely already be in the system.

 

So is this email a threat, or is it a blatant lie?

 

Here is the email, can I have your thought's please

 

Please accept my apologies for not getting back to you sooner. Thank you for sending all the required information and whilst we fully appreciate your circumstances we are unable to leave the County Court Judgement 9xTx5x42 completely without payment. Therefore, we are able to accept payments at £5.00 per month whilst you are out of work and will suspend any further interest or charges. Should you circumstances change then we would request you contact us so that your monthly contributions can be reviewed.

 

You have two payment options available to you:

 

1. Provide your debit card details so that are automated payment system can be put in place.

2. Set up a standing order with your bank using our details: bank: HSBC, sort code: 4x-2x-3x, account number: 8x4x5x6x, account name: Tower Capital Limited, ref: 2xxx-2xx5 oxxxxxxx Jx

[sully123]

Amazingly I find that the CCJ is a Legal one and is registered with the courts, along with an attachment of earnings, also a Bailiff visit to our old address.

 

They do have our new address now.

 

But they also Knew we did not live at the address when they raised the court action, as I had an email on the 15/06 and replied on the 18/06 last year.

 

Judgment was made on the 14/07.

 

Surely that was wrong for them to do?

 

I know these firms always act underhanded,but I would of thought doing this is wrong in the eyes of the court if I could provide the proof

[philmpv]

Amazingly I find that the CCJ is a Legal one and is registered with the courts, along with an attachment of earnings, also a Bailiff visit to our old address.

 

They do have our new address now.

 

But they also Knew we did not live at the address when they raised the court action, as I had an email on the 15/06 and replied on the 18/06 last year.

 

Judgment was made on the 14/07.

 

Surely that was wrong for them to do?

 

I know these firms always act underhanded,but I would of thought doing this is wrong in the eyes of the court if I could provide the proof

 

Hi. Sorry to hear about your problem.

 

The difficulty with cases likle this is that service of the Proceedings is valid provided that they were served at the Defendant's last known address. Did you tell them prior to service of the papers your new address? Find out the exact date that the papers were served (ring the Court) and, if it was after your email advising them of your change of address, you can apply for Judgment to be set aside on the basis of invalid service. If you are successful, then you can also apply at the same time for the claim to be struck out, as any papers must be served within 4 months of issue. If this is successful, then they would have to reissue Proceedings, provided that they are within the 6 year limitation period.

 

Hope this helps.

[robjam1969]

Hi Sully

 

I would apply to have the judgement set a side in the first instance. I am no expert on this but plenty in the legal forums. You could ask a mod to move it there.

 

You can then decide if you want to defend etc. They tried to take me to court but backed out when I defended. I was confident of my case because they issued a faulty DN.

[philmpv]

By the way Sully, I am a solicitor so any problems, just let me know and I'll do my best to help. That goes for anyone else who needs assistance also.

[sully123]

Hi. Sorry to hear about your problem.

 

The difficulty with cases likle this is that service of the Proceedings is valid provided that they were served at the Defendant's last known address. Did you tell them prior to service of the papers your new address? Find out the exact date that the papers were served (ring the Court) and, if it was after your email advising them of your change of address, you can apply for Judgment to be set aside on the basis of invalid service. If you are successful, then you can also apply at the same time for the claim to be struck out, as any papers must be served within 4 months of issue. If this is successful, then they would have to reissue Proceedings, provided that they are within the 6 year limitation period.

 

Hope this helps.

 

 

No address we was homeless and in temporary accommodation and they knew we were homeless as I clearly stated it in the email.

 

I have no problem with the £5 a month, but the fact they have a CCJ along with attachment of earnings

[sully123]

Hi. Sorry to hear about your problem.

 

The difficulty with cases likle this is that service of the Proceedings is valid provided that they were served at the Defendant's last known address. Did you tell them prior to service of the papers your new address? Find out the exact date that the papers were served (ring the Court) and, if it was after your email advising them of your change of address, you can apply for Judgment to be set aside on the basis of invalid service. If you are successful, then you can also apply at the same time for the claim to be struck out, as any papers must be served within 4 months of issue. If this is successful, then they would have to reissue Proceedings, provided that they are within the 6 year limitation period.

 

Hope this helps.

 

 

I am Unlucky, Papers served on the 17/06

[philmpv]

No address we was homeless and in temporary accommodation and they knew we were homeless as I clearly stated it in the email.

 

I have no problem with the £5 a month, but the fact they have a CCJ along with attachment of earnings

 

Didyou tell them the address ofyour temporary accomodation? If youmerely stated that you were 'homeless', then it's arguable that the Proceedings were validly served at your 'last known address'. That said, if they, by being advised that you were no longer at that property, and didn't take reasonable steps to either find a suitable alternative address or method of service (i.e. email), then you should be ok in applying to set aside Judgment.

 

From what you've said, and without knowing the exact circs (i.e contents of the email you refer to), my inclination would be to say that you have a reasonable chance of a successful application to set aside Judgment.

[philmpv]

I am Unlucky, Papers served on the 17/06

 

Oh dear. Just seen this. Chin up pal

[sully123]

 

From what you've said, and without knowing the exact circs (i.e contents of the email you refer to), my inclination would be to say that you have a reasonable chance of a successful application to set aside Judgment.

 

Here are the emails that were received,also phone calls {Which I now know is wrong}

 

From them 17th May

 

Dear xxx

I have tried to contact you by telephone and email with regard to your payday loan with us, which was due to be repaid on xxxxx.

We kindly request that you give this matter your urgent attention and we agree to place this matter on hold for 24 hours. After this time we regret to advise you that we will look to recover the monies owed using our in house legal services.

We have different options to assist you and request that you contact us by return e-mail or by calling us on xxxxxx

 

 

I called them shortly after this

Then this from them on the 15/06

 

Dear xxxxx

Your non-response to our final 48hour email sent to you has necessitated court proceedings. We attempted to call you today to advise you of the situation. Unfortunately your file is queued for court processing on 17/6/2009. Should you wish to make payment into our bank account before the 17th, our banking details are:

HSBC

Sort code: xxxxxx

Account no: xxxxxx

Name: Tower Capital Ltd

 

 

Have no email anywhere for a 48hr notice, Also as we was homeless it was a little more difficult to access the Internet regularly

 

Then I send this on the 18/06

 

I am sorry I have not been in touch over these issues.

 

The situation i am in is dire,

I lost my Job on the xxxth of April, {This is in the hands of the union Legal department}

Our house was repossessed on the xxxxth of April.

 

My Family and I are still currently homeless and are awaiting a decision from xxxxxx City Council.

 

I will update you all in due course, which should hopefully be next week, when we have a decision from the Council

 

If we are to be rehoused then I will forward to you all an income and expenditure document with offers

 

 

Then next correspondence from them was 7/10 by email and letter on the 14/10

 

In which the letter does have the CC No on {Did not realise it was CCJ No}

 

Letter below, They are certainly telling lies in the letter, as they mention an Attachment of earnings, something that they already have with the courts, as the courts tell me it was put on in August

 

 

 

 

[philmpv]

If Proceedings were served on the 17.6, then you'llfind it very diificult to set aside Judgment based on invalid service, based on the emails and letter disclosed above.

 

Given that they have Judgment, and Proceedings validly served, I can only advise you, when and if a repayment plan is agreed (it looks as though £5 a month is acceptable?), then get this, signed by both parties, in a formal Consent Order.

[sully123]

If Proceedings were served on the 17.6, then you'llfind it very diificult to set aside Judgment based on invalid service, based on the emails and letter disclosed above.

 

Given that they have Judgment, and Proceedings validly served, I can only advise you, when and if a repayment plan is agreed (it looks as though £5 a month is acceptable?), then get this, signed by both parties, in a formal Consent Order.

 

 

Thanks, I will do this,as it would take 7+ years to clear

[jinjhaninjha]

A very thinly veiled threat it seems. Well, at least you know if you take it to court you can get harassment charges against them.

[sully123]

No Need to take to court, I have agreed to £5 Per Month