Advice on defence required. *** Balance written off ***

[stew1981]

(they have now decided to threaten me)

 

Received today:-

 

YOUR FINAL OPPORTUNITY TO AVOID A COUNTY COURT JUDGMENT (CCJ)

 

Dear Mr xxxx

 

As you failed to respond to our attempts to contact you and agree repayment of the above account,a county court judgement (ccj) is now registered against you for the full amount shown above..You should have recived a copy of the ccj from the court.

 

When a ccj is obtained, it is registered on the ccj register for 6 years. It will also apear on your credit file for 6 years which is likley to significantly affect your ability to obtain future credit including credit cards,personal loans,mortgages.

 

IF YOU PAY THE CCJ IN FULL WITHIN 30 DAYSW OF THE CCJ IT WILL BE COMPLETLY REMOVED FROM THE REGISTER AND ,THEREFORE,WILL NOT APPEAR ON YOUR CREDIT FILE.

 

If you do not pay the ccj we may have no action but to take enforcement action against you. This could include:-

 

*securing a charging order against any property you own.

 

*Obtaining an attachment of earnings though your employer.

 

*Instructing a bailiff to execute a court warrent,which could result in goods being taken to satisfy the outstanding ccj.

 

Any additional costs of enforcement will be added to your outstanding balance.

 

TO REMOVE A CCJ FROM YOUR RECORDS YOU WILL HAVE TO ACT QUICKLY

 

You can make a payment or discuss repayment options by:

 

-sending your payment to the above address; or

-calling us on 0000 000 000; or

-paying online at :http://www.weconppl.com

[stew1981]

strange as the court also sent me this today.

 

I acknowledge recipt of your defence. A copy is being served on the clamant (or clament solicitor).

The clament my try to contact you direct to try to resolve any dispute. If the dispute cannot be resolved informally, the clamant will inform the court that he wishes to proceed. the court will then inform you of what will happen.

 

Where he wishes to proceed,the claimant must contact the court within 28 days after reciveing a copy of your defence. After that period has elapsed,the claim will be stayed. The only action the claimant can then take will be to apply to the judge for an order lifting the stay.

[Guest]

looks like they (the claimant) has jumped the gun! if you have submitted your defence in time then their letter is n/a & out of order. could give the court a quick call to double check that your defence was in time and current status is as per their letter above.

Edited December 9, 2011 by Ford

[AndyOrch]

What more can you say?

 

 

Andy

[AndyOrch]

Stew retain the letter in post#25 and that one also,#26 we can have a bit of fun if they respond to your defence.

 

Regards

 

Andy

[stew1981]

looks like they (the claimant) has jumped the gun! if you have submitted your defence in time then there letter is n/a. could give the court a quick call to double check that your defence was in time and current status is as per their letter above.

 

Ive checked with the court and yes defence was in on time, They must think im stupid and gonna give give them my hard earned cash....

[stew1981]

Yes as i suspected.....

 

Ive noticed you suggested me sending them a response in post 25. (some how i missed that post till now) .

 

Sorry and thanks again.

[DonkeyB]

This is unbelievable. No way it can be put down to ‘admin error’. Have seen this before.

 

They have to apply for judgment first. Silly thing is they know they received a CPR request.

 

Deffo get that off to the OFT and Trading Standards, but most importantly write a strong letter of complaint addressed to the District Judge at Northampton CC. Enclose that letter and describe what has happened. He will have their testicles on a plate.

[Guest]

stew

who are the acting solicitors?

[stew1981]

Sara de tute (wescot own solicitor) although i did recieve one letter from nelson guest and partners solicitor originally.

 

Is there any advice on wording of any letters i should be sending to oft,trading standards or northampton cc, I just fear being tripped up by my wording of any letters.

 

Thanks again for your support guys.

[Guest]

s de tute (Legal and Compliance Director) - '...also President of the credit services association, with responsibility for compliance within the industry.' !

[stew1981]

yes i laughed when i googled her too:???:

[Guest]

and she sent out that judgment letter when there is no judgment!

[stew1981]

correct hand signed by her.....

[DonkeyB]

So she made it up?

[clayts]

If it's any consolation, I got one too today, and my defence was filed weeks ago. Indeed, the Court have already issued Wescot with an Order to come up with the CPR 31 documents by 20 December.

 

Mine isn't signed although De Tute's name is at the bottom and it does look like a computer produced 'auto-threatogram'.

 

I'm hanging back on reacting until after that date when I shall follow their complaints procedure to the letter and, if necessary, escalate to OFT and TS if their response is unsatisfactory. Best to avoid a knee-jerk reaction, and certainly no need to involve the Court in this at present (save that one for if they do somehow deliver the requested documents and you have to defend the claim)

[stew1981]

I today received the following letter from wescot :-

 

"Dear Sirs

 

We refer to your complete defense.

 

In view of your dispute you have raised we do not intend to pursue this matter any further and the balance has been written off.

 

Yours Faithfully

 

WESCOT."

 

I would like to thank you all for your help with this and wish your all a happy Christmas and new year!!

[AndyOrch]

Well done Stew another failed Wescot attempt at litigation.Now you need to check with the Court that they have informed them they are not proceeding

.

I will get your thread title amended.

 

Well done!!!

 

Merry Christmas

 

Andy

[cerberusalert]

Thread title updated to *** Balance wrote off ***

[AndyOrch]

Thread title updated to *** Balance wrote off ***

 

Thank you Cerb

 

Regards

 

Andy

[rebel11]

Well Done.

[hatesdebt]

...........Nice one..

[Guest]

well done stew

(so, the legal and compliance director of wescot, who is also the president of the csa responsible for compliance, got it all wrong )

Edited December 23, 2011 by Ford

[Jasper1965]

Well done but I'd be just a little bit concerned still.

 

Why don't you write to the Court enclosing a copy of Sarahs letter and ask for clarification of the following:

1) How did Wetcloths manage to get "the judgment" cough,cough without you hearing anything back from the Court despite filing your defence on time?

2) How did Wetcloths manage to get "the judgment" cough,cough without even bothering to supply the lawfully requested information you sought from them under CPR?

3) Can the Court please also clarify how Wetcloths have managed to obtaing the ccj and yet now also claim to be discontinuing the action?

4) Can the Court please supply you with full details of the "CCJ" cough, cough as you intend to make an application for setting aside since you don't feel the Court has correctly followed procedure (see points 1 & 2)?

 

This should help clarify the matter for you.

 

Of course it may also put the proverbial cat amongst the pigeons for Wetcloths who might just have been trying to con you a little which in turn might make it just a little easier for you to apply for a decent wasted costs order against them for abusing the system and wasting your time on a speculative attempt at a default judgment.

[citizenB]

Westcott appear to use Nelson Guest, who are a "solicitor for hire" for any threatening letters and initial issuing of court claims. Then when the defendant does the unthinkable and defends.. NG passes it back to Westcott to deal with. They do not appear to understand the CPR at all!!

 

Having said that, I am really pleased that this has now been written off. Check with the court as soon as you can that a discontinuance has been filed and keep their letter .. safe.. just in case they decide to forget they have already been down this route and sell the account onwards.