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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Council Tax Recovery for non-payment


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I’m not sure if this is even the way to go about this, but heck ill ask the question anyway!My partner recently received a letter in the post from a collections agency stating he owes over £4,000 in unpaid council tax debt. The problem is, he only lived in that property for a maximum of 6 months in 2005 yet they have charged him council tax over 3 years! The letter from the recovery agency was to the attention of himself and also the other person he used to live with at the time but the recovery agency is now saying because they found him, he is responsible for the full debt and have removed the 2nd parties name from the account.The collection agency says we have to contact the local council, while the council are saying the debt was brought by the collection agency and any discussions have to be done with them. We have offered to provide proof that he had left the property after 6months by way of utility bills and payslips to a new address - but the council and collection agency won’t accept this?He is happy to pay the council tax owing for the 6month period he was living there (though he was under the impression it was being paid at the time) but there is no way we can afford to accept this debt of over 4k. Is there any advice you can give me on how to get this sorted?

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You need to go back to the Council and ask the following:

1 - How many Liability Orders are there

2 - How much is each one for

3 - what period of time does each one cover

4 - when was each one obtained

5 - how much is outstanding on each one

6 - when was each one passed on for enforcement.

 

The Council always own this debt and cannot sell it on. They can however pass it on for enforcement and I would imagine it will be a bailiff Company that has contacted you. You need to gather together the proof that you moved using alternative Council Tax bills in the correct name, tenancy agreements etc. The fact there was another living there at the time does not matter unless they can be traced - the Council/Bailiff can go after either. Please also be aware that if the Liability Orders were obtained within 6 years of being due they never become Statute Barred.

 

It may be better if you hit the little black triangle to the left and ask to be moved to the Bailiff Forum where you will get a raft of different replies. We can help you fight this and only pay what you owe.

 

In the meantime keep doors and windows firmly locked. If you have anything lying outside move it NOW and if you have a motor vehicle that is not on finance it should be moved well away from your home - a good 10 minute walk if possible. Bailiff hours are 6am - 9pm Mon - Sat, no enforcement allowed on Sundays. Do not believe anything they say and if avoidable never speak to them on the phone unless you can record the call. The Council are 100% responsible for the actions of their contractors.

 

PT

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