"Sneaky CCJ by Bryan Carter. set aside help needed".

[rapstok]

Please can someone advise me on what to do..

 

friday i received a judgement for the claimant (in default) letter from Northhampton CC.

 

This is the first contact I have had from the court or the company collecting a debt (Phoenix recoveries (SARL) (to which until looking up the company, it appears its an old littlewoods debt, which I disputed a few years ago as they could not supply me with a CCA.)

 

The court have deemed the judgement in favour of Phoenix and I am ordered to pay the sum in instalments, which i can not afford.

 

This is where I am getting confused, what should I do now?

 

Reading the court leaflet its going to cost me £75 to have it set aside, or other fees to have the payments changed.

 

Again I can not afford to pay that.

 

I have not been contacted ever by phoenix recoveries, if this is littlewoods, then a few years ago they could not supply me with a CCA.

 

So how have phoenix got a CCJ against me? I thought and why have they not been in touch before?

 

finally please can someone help me out here, time is running out.

 

I am already depressed and this is close to putting me over the edge.

 

thanks

 

Sarah

[Ganymede]

Don't get depressed over it, with help you'll be fine!

 

You can apply to have the CCJ set aside on the basis that you were not served with the claim form.

 

Then you simply defend the claim on the same basis as before.

 

It will cost you £75.00 to apply for the set aside unless you are on benefits etc?

[rapstok]

Where do I start,

 

I recieved a CCJ (Northampton CC)(8th September) from the solicitor dealing with Phoenix Recoveries

( I have never heard of them, but a bit of research it looks like they bought my index debt) is Bryan Carter Solicitors.

 

I have been ordered to pay £50 a month on the debt.

 

First I can not afford this, I can not even afford the payment to the court to have it reduced, it will take a few weeks to get together all the paperwork they need so I can avoid paying the charges, to have the payment reduced and have the judgement set aside.

( I am lost myself so god help anyone reading this)

 

A few years ago, i was harassed by several debt collection companies over the debt,

each time i requested a copy of the CCA and never got one,

the debt was then sold on to another company.

 

Now Phoenix have been granted this CCJ and I am lost what to do,

its really making me phsically ill,

to

(dramatic i know, but that's how I feel, if i have to pay £50 a month to them, it means not paying someone else and i fall into debt trap,

i can not go through that again)

 

if someone can give me some basic advice that even i can understand.

The first payment is due in a few days, i will pay it to avoid it going as a default.

 

Can I still apply for the judgement to be set aside?

 

Can I still request a copy of the CCA? if so who from the solicitors or phoenix based in Luxenbourg?

 

Can a judgement be enforced without a CCA?

Would the court in Northampton even issue a CCJ without one being present?

 

I dont know what to do,

i know i have left it all late,

but unfortunately i have been burying my head in the sand,

looking at it everyday,

wondering what to do.

 

many thanks in advance

[ploddertom]

I know nothing about the whys or wherefores of applying for details from card companies etc but can help with CCJ's.

 

Did they send you any paperwork from the Court initially? If so did you acknowledge it? Did you then formulate a defence? Were you adjudged "guilty" by Default? If you knew nothing of any of this you may be able to apply for set aside. Have a read of this:

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

If you do apply for set aside then you need Form N244 from the HMCS website, if on Benefits or low wage you mat be able to waive the fees - see Form EX160 for Fee Remission. There is plenty of help available here and am sure others will be able to comment on the delights of Mr Carter and his cronies. Do not despair.

 

PT

[rapstok]

Thanks for the reply.

 

1.. I never received anything from the courts.

2.. It was in judeged in default.

 

Thanks for the link, I will have a good read of that.

[ploddertom]

If you do apply for set aside and are successful this sets the clock back to the beginning where you can defend/counterclaim or even make an offer of payment that is affordable to you. If you cannot afford to pay it all within 1 month then yes you will get the CCJ on your file for the next 6 years. If you decide not to go down the set aside route you can apply on Form N245 for a Variation in the the order, you will have to supply I & E and the Court will set a payment schedule from what you supply. Above all beware them applying for enforcement action - Bailiff, Charging Order etc. You need to act pretty quickly now.

 

PT

[rapstok]

I am going to pay the first installment as set out in the CCJ.

 

Then work from there I think.

 

I can not really afford the first installment, but its better than getting the bailiffs knocking.

 

I know I should have tried sorting this sooner, but all the forms, payments etc is a nightmare for someone on a low income and with this coming so out of the blue its knocked me for six.

 

Another sleepless night ahead me thinks.

[The Mould]

Hello rapstok

 

So this debt has been sold and sold, did you ever receive a Notice of Assignment? From anyone?

 

How old is the account/debt?

 

If you are going to make an application to set aside, what are you going to defend with?

 

Did you even receive the claim in the first place? If yes, what did you do?

 

Many questions I know, but please provide as much detail as possible, the more we know about your case, the better we will be able to advise you.

 

Kind Regards

 

The Mould

[rapstok]

Hi,

 

Thanks for the reply

 

So this debt has been sold and sold, did you ever receive a Notice of Assignment? From anyone?

Not a dicky bird, heard nothing for a couple of years on this debt, as with other debt companies that purchased the debt I requested a CCA and information and none was ever sent back to me, i think once one company actually took the £1 fee and took it off the debt. I assumed the CCA was not available or something.

 

How old is the account/debt?

I am not 100% sure, about 4/5 years I think

 

If you are going to make an application to set aside what are you going to defend with?

 

I don't know, I never received a CCA, proof of debt, payments made etc. I never received anything from the court. If the CCA and information is supplied I have no problem paying the debt at a more affordable rate.

 

Did you even receive the claim in the first place? If yes, what did you do?

No, never received anything at all.

 

I am assuming its a index catalogue debt, its the only one it could be. (The figure is around what I remember the debt to be)

[The Mould]

OK rapstok

 

Then you need to make that application (N244) to set aside with a view to commence with proceedings from the point of service of the claim.

 

You will need to state all the reasons (what you are saying here ... and any other reason) why the claim should be heard again, you write this in a Witness Statement and file and serve it with your Application notice (N244).

 

Serve a copy upon the claimant (send it to his Solicitors), the aplication will cost you a fee of £75.00, tick the box that states at a hearing, No 5, Master or District Judge, No 8 (where it says what level of Judge does your hearing need), No 9- Claimant's Solicitors.

 

At No 10- tick the attached Witness Statement.

 

Back to front now, right then, page 1, fill out top right hand boxes (the paperwork from the Court will contain the claim no. etc, etc.

 

OK, box No 1 your name

 

No 2 tick Defendant

 

No 3 State what Order you are asking the Court to make and why.

 

You are the applicant so fill out your address at the bottom of page 2.

 

Make 3 copies, send one to the Court where the Judgement was granted, send one to the claimant's Solicitors and keep one for yourself. (3 copies includes your Witness Statement).

 

Send a CCA to the claimant (send it to his Solicitors).

 

Send a Subject Access Request to any company/organization who has had control of this account. Fee is £10

 

The N244 Form, you can fill out on HM Courts Service website or via the Ministry of Justice website, you cannot save the document but you can print it off.

 

Also, on the Ministry of Justice site, look up Civil Procedure Rules, especially the Rule applying to set aside.

 

See how you do with that for starters.

 

Kind Regards

 

The Mould

[rapstok]

Mould,

 

Many thanks indeed, this is a starting block for me and should put me on the right path. I will get onto this tomorrow.

 

Send a Subject access request to any company/organization who has had control of this account. Fee is £10

Do I send this to Bryan Carter Solicitors, at the moment i have no idea who has control of it. I assume its the DCA (Phoenix Recoveries ) the only information I have on them is an address in Luxemburgh (it was on the CCJ).

 

I am also on a low income and in receipt of Child and working tax credit, should I apply for the fees to be exempt? if so do I send that form, proof of income etc with the N244 form.

 

Sorry to be a pain in the bum, and seriously thankyou for you help. You have no idea what it means to me.

[The Mould]

OK rapstok

 

CPR PART 27, this is where you will find what you need to do in respect of set aside (CPR 27.11) Ministry of Justice, type that into your search engine.

 

If Bryan Carter are acting for the claimant, then send your SAR to him and request that he forwards in on to his client, state that you do not have the claimant's address.

 

Yes, if you are exempt from paying the fee(s) then provide that information to the Court.

 

When you send your Application notice to the Court and all supporting documents, write a short covering letter addressed to the Court Manager simply stating the contents of the envelope and respectfully requesting that he files the said aplication as soon as possible.

 

Kind Regards

 

The Mould

[The Mould]

OK rapstok

 

Do you have any of your own records regarding this account, if yes, start compiling your paperwork in date order.

 

The SAR will take around 40 days (that is the time limit available to those organizations for compliance).

 

This could be a long road trip, far better than a journey under the wheels of a train though rapstok, I understand the stress you feel, you are in good hands now, one day at a time rapstok, highs and lows, yes there will be, well, not that many lows now, hang on in there alright rapstok, I will walk with you until we reach the end of this journey.

 

Kind Regards

 

The Mould

[rapstok]

Mould,

 

Once again many thanks indeed. I will keep you posted.

 

Edit: RE your last post, thankyou you have no idea how much of a weight you have lessened on my shoulders. Why the legal system has to be so complex is anyones guess, I suppose its to keep the little people down.

 

Seriously thanks, I might be able to sleep tonight.

[The Mould]

OK then rapstok

 

You get some rest, I will catch you up shortly.

 

There was this picture of a vast area of dessert, the sun scorched the sand, there was not a cloud in the sky, a man had walked across that dessert and he turned around to look back to see how far he had walked.

 

He saw that there were two sets of footprints in the sand at some points and only one set of footprints at other points across the trail that he had just walked.

 

The man said, 'Lord, you said that you would walk with me along this path, but i can see that you have forsaken me, you were not with me throughout my journey.

 

Jesus answerd him and said, 'Where you can see two sets of foot prints in the sand, that is when you had no struggles or any problems in your life and so I walked beside you.

 

Where you can see only one set of footprints in the sand, that is where you had many struggles and problems in your life, and so I carried you, I have not forsaken you my brother.

 

I do hope that will help you have a god night's rest.

 

Kind Regards

 

The Mould

[rapstok]

Mould, many thanks for your support, your last few posts have really helped put me at rest over the last few weeks and for that I will be for ever grateful.

 

Well we have some progress on this..

 

Its been 2 weeks since I wrote to Bryan Carters, requesting a CCA and a payment book or card. 2 weeks later we received neither. So we called them up to find out what was happening.

 

They received the letter and payment (recorded), they went against what it said on the letter and took the £1 payment for a CCA and took it off the bill even though it clearly stated not to.

 

I was put on hold for 15 minutes, they came back to me and said we would be receiving a letter from their legal team in the coming days, no CCA obviously.

 

The guy was very polite, which always starts alarm bells. He then started saying, would you still be willing to pay while this is ongoing. If we went back to the court to reduce payments it would cost £35, they would reduce the payments to £10 a month without court intervention, which is funny as last month they could not accept anything less than £100, i have made payments to them!

 

Then he said that their litigation team will write to us and state that when it went to court, as far as they are concerned the CCA was in place and its our debt, if we contest this it would cost us £75 to the County Court.

 

Now I am pretty sure they did not have any CCA in place when they went to court, surely this is illegal and the courts are supposed to check these things before any judgement is put in place.

 

He said the account was on hold for the moment.

 

So now I am wondering what to do next?

[DonkeyB]

Have you applied for the set aside?

 

This is a classic Carter case. No doubt he sent the claim form to a previous address and suddenly found you when he got default judgment. Make sure you apply to the court for a copy of the claim form.

 

Technically, Carter does not have to reply to you as he has a CCJ in place. The set aside is your priority, as is getting a copy of the claim form to prove it was sent to the wrong address.

[DonkeyB]

You should ask a mod to change the title of this thread to "Sneaky CCJ by Bryan Carter. Set aside help needed".

 

Then you’ll get the Carter fan club in attendance.

[DonkeyB]

And don’t phone them! Ever!

[DonkeyB]

rapstok, the cavalry should be here soon... get us up to date on what you have actually done re SAR and set aside. A CCA request is pointless at present.

[rapstok]

Hi,

 

I have not applied for the SAR yet, nor to have the judgement set aside. I am going to the court to get the forms for this and to have the charges waived as I am well under the threshold.

 

I am not saying they sent the form to the wrong address, I just never received it. Like i said before, several other DCC's have chased me for this debt and I have always asked for CCA and none have supplied it, they simply ignore and resell the debt on.

 

This time, the first I heard from Carters was when i got the CCJ. I thought they had to have the CCA to go to court? If they have applied for the CCJ wrongly then how do i get the CCJ removed from my file, also I want the money I have paid them already refunded. To me its fraud, they have taken money off me and deceived the court too. I am not a happy bunny!

[rapstok]

Also if i have t pay the court fee of £75, can i claim that back from Carter?

[The Mould]

Hello again Rapstok

 

You will need to convince the Court of the reason(s) of why it should look behind the Judgment (CCJ).

 

Do you have anything that you can use to substantiate your claim that you did not receive any notice whatsoever from the Court in respect of this CCJ, can you prove that no claim/summons were received by you?

 

I do believe you rapstok, but it is the Judge that you will need to convince in order to have the CCJ set aside and proceedings commence from the begining.

 

You need to show that you did not respond to the claim because the claim was never put to you.

 

Up date, when you can please, bear in mind though, the longer you delay in making an app to set aside, the more difficult the task will become.

 

Catch up with you soon rapstok.

 

Kind Regards

 

The Mould

[rapstok]

How do you prove you did not receive the documents from the court in the first place?

If I had I would have ensured that they provided a valid CCA.

 

As I have said before a few DCCs have tried to chase me for this debt and never been able to provide a CCA and when requested promptly resold the debt to another company.

 

I am going to wait for the letter from Carters, and to see if they can find the CCA, if not that will also be used towards the reason why the judgement needs to be set aside and reheard at my local court.

 

Thanks for everyones help so far, its really appreciated

[DonkeyB]

No, no, no, rapstok. For chrissakes follow the advice you are being given. Do not wait – you have waited too long – act.