1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[Signaller]

Hi to anyone who might read this.

Its been a long time since I've posted here, although I have been viewing the site and posts regularly.

 

Received an AoE notice from my local County Court, regarding an ammount owed to 1st Stop.

Just over £1100.

 

The actual ammount owed is just over half that but I will deal with it later.

 

I had a telephone conversation with one of their employees back in February this year,

who advised me that he would 'Get an AoE one way or another, as I do this every day'.(His actual words).

 

He was very abusive and threatening, called me 'Pathetic' and put the phone down.

 

What the sneaky no neck, inbred knuckle dragger has gone and done is issue papers to my previous address which were obviously not forwarded on to me,

so them obtaining a Judgement by Default.

 

They are aware of my current address.

 

I am 100% certain of this because when I got the call from them in February I confirmed my

name, address, date of birth and postcode to confirm my ID.

 

Normally I would not give these details over the phone, but I do owe them money and I wanted to sort it out.

 

Also, I have a letter from them which I received in the run up to Christmas last year offering me a loan as I was a 'Valued Customer'.

I obviously did not take them up on their offer. But I did keep the letter. I still have it but it is not dated.

Would this letter stand as proof that they knew my address all along?

 

Obviously I am going to apply to have this Set Aside.

 

I spoke to my local County Court today who are sending me out an N244.

 

They confirmed that the original address supplied to them by 1st Stop was indeed my previous address,

so all paperwork regarding the claim and Summons was sent there.

 

The notification about the AoE was sent to my current address as I have just paid an AoE off which was to do with my Council Tax.

 

I say that 1st Stop deliberately informed the Court of my previous address, so enabling them to obtain the Judgement by Default.

 

Can anyone please advise me on how to prepare the N244, and what to expect.

 

Thank You in advance.

Regards

Signaller

 

PS: To anyone who may remember me from a while back,

and a different post and subject (Urgent Help Needed with Welcome)

they tried to pass it on to Lewis debt recovery just over a year ago.I sent the guy away firmly but actually quite politely,

and to date have heard nothing else.

 

If I do hear from them I will post again regarding that matter.

 

Also you may remember my GF went through the ordeal of breast cancer.

 

She recovered,although she is still taking medication for that and is likely to continue to do so for quite some time.

 

She also suffered a heart attack in February this year.

 

Again she was treated successfully for that too,

but her treatment is ongoing.

 

I must thank you all yet again for all your help and words of comfort and encouragement though what was a very difficult time for us all here.

[dx100uk]

renamed and moved to legal forum

 

dx

[Signaller]

Thank You DX.Sorry, I wasn't aware I had posted in the wrong area.RegardsSignaller

[Signaller]

Need to complete N244 as soon as possible.Any advice please, would be a great help.Thank You.

[Signaller]

Recieved N244 today, so need to complete it as soon as possible.I'm not disputing I owe them money, but I am disputing the ammount.Any advice please?Thank YouSignaller

[Signaller]

Can someone please advise? Thank YouSignaller

Edited May 11, 2011 by Signaller
typing error

[dx100uk]

no idea legal is not my game

 

try hitting the triangle

 

dx

[Signaller]

Thank You yet again DX for replying.Forgive my apparent ignorance, but you suggested hitting the triangle???RegardsSignaller

[dx100uk]

black triangle botton left every post

 

ask for help

 

dx

[Signaller]

Sorry, forgot to add something.The notes with the N244 suggest I send proof, if I have any, that they knew of my correct address.I have a letter received about two weeks before Christmas from them offering me a loan.Unfortunately it is not dated, and the envelope wasn't either, but it does show my correct address. Would this count as proof that they did indeed know my correct address. I know that they have been granted the judgement by default, by supplying the Court with my previous address.The Court staff confirmed that all correspondence regarding the claim and summons was sent to my old address. I'm not sure how to proceed with this now.

[citizenB]

Is there a code on the letter you were sent at Christmas ? Does it say anything like "have more money in your pocket at christmas, "

 

Are you able to remove any identifying information, scan it in and post it up for us to have a look at perhaps someone can spot a date code for you.

 

I am assuming you are attempting to get the Default Judgment set aside ?

[caro]

Hi signaller. This link may help with the N244. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

A word of warning though. If you get the judgment set aside you will then get a hearing. If you should go on to lose the case you may well end up having to pay the other sides costs.

 

If you are querying the amount due to PPI and charges you might be better off claiming those as a seperate issue.

 

PS Seems you've both been through the miil but glad to hear your gf is on the mend.

[DonkeyB]

I don’t think there should be too much to worry about, Caro.

 

The set aside will put the case back to the point where the claim was made.

 

Signaller has been prejudiced by the claim being sent (deliberately) to the wrong address, as he had no opportunity to deal with the claim. Therefore a CCJ has been recorded against his name unfairly. He acknowledges a debt so no doubt would have dealt with the issues at the time, either by admitting part of the debt or by defending and having his issues dealt with in court. It does sound like there are contentious issues involved, but even if there were not, a set aside should be allowed. Even if he defends and loses, he can pay the judgment in a timely manner and therefore avoid the CCJ being recorded.

 

The fact that he may admit the debt is irrelevant – the prejudice (and therefore relief sought) is that a CCJ has been unjustly recorded against him. There was no opportunity to avoid this due to the claimant’s (hopefully provably contemptuous) actions, so a set aside should be a formality. There’s case law to back this up, and I’ll try to dig it out.

 

Perhaps more importantly for Signaller is the chance to make a very serious complaint about this nasty little numpty who clearly has ideas above his station, and who is prepared to abuse the court process. He’s the kind of prat who deserves the sack, after a large bout of humiliation, degradation and metaphoric punching. Definitely a complaint addressed to the district judge at the court which issued the CCJ, with proof, as well as to the usual bodies.

[caro]

I agree with you DB. Just wanted signaller to be aware of possible consequences, but I do agree that in this case he has good cause to apply for a set-aside. I think we both know though, that there are no guarantees in court so best to go in with your eyes wide open, and prepared for any eventuality. The way it's been handled is a good argument should the other side apply for costs.

[Signaller]

Thank you all for replying.citizenB-- There is no code on the letter, but at the start it does say in big highlighted red letters ' it's still not too late to borrow up to £500 in time for Christmas' Then goes on to say 'as a valued customer' blah blah blah.Caro--- I am aware of the consequences of losing, but thank you for pointing it out anyway.DonkeyB--- I know they have deliberately sent the documents to my previous address, but how can I prove it.Would the loan offer letter I was sent count as proof, even though it's not dated.Also, I doubt that the knuckle dragger I spoke with on the phone would admit to what he said.Most of us know that certain companies do use this procedure to obtain judgements by default.The CCJ was issued by Northampton, but the AoE order was issued by my local County Court.I was aware of nothing until I received notification about the AoE order.I am certain that the ammount I owe is little over half of what the judgement is for.I am not aware of any PPI or charges.Am I right in assuming it's now too late for me to SAR them.I am not disputing a debt, just the ammount they claim I owe.If I was able to SAR them, it would prove that they knew my address, and had it on file, and subsequently got the judgement via the back door.I don't know if it's illegal, but it's certainly immoral.Sorry for the delay in replying to all your comments.I can only get online at work.I appreciate all your comments/advice. Obviously I will keep you postaed of events as and when they happend.RegardsSignaller

[caro]

It's never too late to send a SAR, and the fact they sent you a letter before Christmas shows they knew where to find you IMO.

 

Ask for transcripts or copies of phone call recordings too. They may try and wriggle out of this but if you can provide dates (at least some) it might help.

[Signaller]

Thank You, Caro, for your reply.I will get the SAR letter done this afternoon.IF they do comply, and IF they do not hide anything, then it will prove that they've obtained the CCJ and subsequent AoE order via the backdoor (so to speak).I will mention the SAR when I submit the N244 and hopefully get a hearing after the (is it 40 days) limit for compliance.I'd better get busy then.Thanks again.RegardsSignaller.

[Signaller]

Bit of luck here.I was going through the paperwork sent to, and received from, Welcome, regarding a case from a while back. Anyway, I don't recall actually receiving it but tucked in amongst some paperwork is a letter from 1st Stop informing me of a 'Doorstep Assessment' to assertain my circumstances etc;blah blah blah.And if I do not co-operate it may lead to the issue of a Court Claim etc;. This letter is signed (no name though) and dated over a year ago.I remember getting a phone call not long after the letter.I advised them very politely that I would not discuss the matter on the phone, and asked for communication in writing only.I'm so glad I kept these letters (although I had actually forgotten about them) because it is further proof that they had my correct address.There is also a copy of an e mail sent by them, and my response.Do you think this will help in my Set Aside application.RegardsSignaller

[DonkeyB]

Damn right it will help. And it will bolster the complaint you make too.

[Signaller]

Its taken a while but I've typed a SAR, and ready to post it first thing in the morning.I thought of the SAR, to provide proof that they had my address on file, and that they had writted to me at my correct address. Having found the letter I mentioned earlier, and the copy of the e mail, is the SAR necessary now, or should I still send it. I was hoping to get a transcript of the phone call I received in February, but I doubt it would be a true transcript (if they sent it at all). So it would be my word against theirs.Signaller

[DonkeyB]

You already have enough to get the set aside – the SAR will cost £10 and may well yield more useful info, but it depends how much you want to try and crucify the numpty who deceived you!

[Signaller]

Thank You for replying again.I know now I have proof that they not only knew my correct address but had written to me here. The Court has the (wrong, and faulse) details supplied to them by 1st Stop.Would be interesting to see how they (1st Stop) try to get out of that.Regarding the knuckle dragger I spoke with, I will send the SAR.Might identify him, because I don't remember his name.Actually I can't remember if he gave his name but it doesn't really matter at the moment.I'll see what,if anything, they send, and post again.RegardsSignaller

[Signaller]

Haven't posted for a while, as I had to take some time off work. They did reply to my SAR, but asked for a copy of my witnessed signature ' to confirm my ID'??. I replied back saying I would not, and reminded them that their obligations still stand with regards to my SAR. Have heard nothing since then, although the 40 days are not up yet.Have also applied for a Set Aside and am waiting for a date for a hearing. The Court staff confirmed that 1st Stop gave them my previous address, and I have proof that 1st Stop did indeed know my current address. The Set Aside should be a formality. What next?RegardsSignaller

[Signaller]

What actually happens at a hearing? What do I need to take?If the set aside is granted, can 1st Stop start over again, even though they've not yet complied with my SAR. I'm not trying to get out of a debt.I do owe them a sum of money, but nowhere near what they claim I owe. It's true I've had problems over the last couple of years, but this is my last debt to pay off, and I want to get rid of it.Regarding how they obtained the CCJ and subsequent AoE, I'll not let that go. They still have a short while to comply with my SAR, but it does look like I'll not get much, if anything. If they had what I asked for, surely they'd have sent it by now. If all calls are recorded, as they claim they are, would be interesting to see if I get a transcript of the last couple. That alone would implicate them, or at least a certain person. I don't just want the Set Aside, I want to go affter whoever is responsible for the way they obtained the Judgement against me in the first place,I am aware of OFT and TS, but I want to see if they (1st Stop) comply with my SAR first. Any thoughts and advice woukld be greatly appreciated as always. Thank You.Signaller

[Signaller]

Have received a date for August for the hearing. 20 minutes are allocated for the hearing. Would appreciate any advice/help on how to prepare. Thank You.Regards