DCA CCJ - old Lloyds Credit Card - CCJ Set Aside

[consumeredge]

Complaints against HMC&TS staff

 

You can make your complaint in one of four ways:

• in person, to staff in the office where the problem arose
  
• by telephone to the office where the problem arose
  
• in writing, by letter or email
  
• by filling out the complaint form EX343A
  

Find form EX343A for complaints about HMC&TS staff on the HM Courts and Tribunals Service website.

Information to include in your complaint

 

In your complaint, you should:

• clearly set out the nature of your complaint
  
• describe any facts and events relating to it
  
• say why you think that a member of HMC&TS staff has made a mistake
  
• describe any losses you have incurred as a result
  

You can include a claim for compensation in your complaint. To receive compensation, you must demonstrate that the action of HMC&TS staff - known as 'maladministration' - has caused you financial loss or extra expense. You should support your claim with documents detailing these losses, such as:

• solicitors' charges
  
• additional travel expenses
  
• wage slips
  
• receipts
  

How complaints are processed

 

Your complaint will be investigated by obtaining information from all relevant sources such as interviewing staff and reviewing relevant documentation. If your complaint is found to be justified, the court will send you a letter of apology, with details of how it will rectify the matter.

 

If your complaint is not upheld, you can ask for the area director of the courts within your geographical area to look at it again. Your letter to the area director should include:

• an explanation that you have already made a complaint
  
• facts and figures relating to the original complaint
  
• why you think the decision not to uphold your complaint was wrong
  

The area director will carry out a further investigation and reply to you, also within ten days. If you are not satisfied with the director's findings, you should write to the HMC&TS at the following address:

 

The Complaints Handling and Enquiries Team

Zone C, 1st Floor

102 Petty France

London

SW1H 9AJ

 

You should expect to receive a full reply within 15 working days from the date your complaint was received.

If your complaint has been considered at every level within HMC&TS and you are still not satisfied, you may ask for the legal ombudsman to investigate. You cannot approach the ombudsman directly, but should ask a Member of Parliament to do so on your behalf. For more information, you can call the Parliamentary and Health Services Ombudsman on Tel 0845 015 4033.

[cerberusalert]

It might be worth giving the ICO a call & see what they have to say about it. I would think technically the court have breached the Data Protection Act. https://www.ico.gov.uk/Global/contact_us.aspx

[TheDude1]

Hi all,

 

citizenB, unclebulgaria, thanks for your help, I will do as you both suggested first, will contact the court, thanks guys! Cheers citizen for flagging the post too, has certainly helped with all the great advice from everyone!!

 

Andy, thanks for your post too, you make a good point. But my argument will be is that my employer will now look at me in a different light - As an individual and as a employer.

 

I did state this in the Suspended Order that it might affect my job/future promotions and the Order was granted and then broken. I think this is a bit different to a bank sending out a statement to the wrong person as the court itself has broken its promise and not a organisation like a bank or a landlord as in your case.

 

I think I have a strong case. And to be honest I did everything right and possible on my behalf.

 

Consumeredge, cerberusalert, thank you both for your post's too, valuable info you both have provided. Thanks, most appreciated.

 

Cheers !!!

 

So first of all I contact county court and make a complaint - perhaps I should do this in writing?

[andydd]

Hi all,

 

Andy, thanks for your post too, you make a good point. But my argument will be is that my employer will now look at me in a different light - As an individual and as a employer.

 

 

Unfortunatley this would be almost impossible to prove (would you get for example a witness statement from your Boss saying that they somehow trust you less !?), even if proved I doubt a judge would put a high monetary value on it (this may be a biff different if you were fired or suddenly missed for promotion), remember that damages shouldnt be punitive but restore you to the position you were previously in.

 

The other posts contain more useful info such as following the courts complaints procedure.

 

Andy

[LostAtSea]

I don't think a monetary value is the point here. For instance, how can a court hold people in contempt for breaking the rules when it can't stick to the rules its self? I accept that people make mistakes but for the court to be able to punish wrong doers it must be seen too and, indeed, actually hold its self to a higher standard than those it sits in judgement over. Just my penny's worth, good luck with your complaint:)

[Halibutt]

Things may have changed since I managed a payroll, but it used to be that the court would send the AOE Order to the HR department of the employer. They would copy and file the order then forward the original to the payroll department to action via payroll. This could be internal payroll dept or an outside contractor.

 

I realise you mentioned "direct debit" but it's usually done directly "at source" - the reason for the term Attachment Of Earnings" - it's to ensure that the money is deducted at source and paid over before it can be spent and so that a DD cannot simply be stopped by the employee.

 

In my case, I ran a government payroll in HM Treasury and we actioned these on behalf of other Gov. departments' HR offices.

 

If that is still true, I think you'd have no chance whatsoever of a successful complaint. It MAY be that the AOE Order should have been sent directly to your HR department rather than your immediate boss/supervisor, in which case, it's a clerical error and you could lodge a complaint, but I still doubt you'd get very far.

 

You said the letter about the DD was received from the debtor, rather than the court...

 

If you can prove, in writing, that the court granted permission to pay by DD then you might have some luck.

 

Best of luck anyway!

 

H. x

Edited October 20, 2011 by Halibutt

[rameses_qc]

Things may have changed since I managed a payroll, but it used to be that the court would send the AOE Order to the HR department of the employer. They would copy and file the order then forward the original to the payroll department to action via payroll. This could be internal payroll dept or an outside contractor.

 

I realise you mentioned "direct debit" but it's usually done directly "at source" - the reason for the term Attachment Of Earnings" - it's to ensure that the money is deducted at source and paid over before it can be spent and so that a DD cannot simply be stopped by the employee.

 

In my case, I ran a government payroll in HM Treasury and we actioned these on behalf of other Gov. departments' HR offices.

 

If that is still true, I think you'd have no chance whatsoever of a successful complaint. It MAY be that the AOE Order should have been sent directly to your HR department rather than your immediate boss/supervisor, in which case, it's a clerical error and you could lodge a complaint, but I still doubt you'd get very far.

 

You said the letter about the DD was received from the debtor, rather than the court...

 

If you can prove, in writing, that the court granted permission to pay by DD then you might have some luck.

 

Best of luck anyway!

 

H. x

 

Good Info re payrolls, but the poster said they had a suspended order, so it should have gone nowhere near the employer unless the agreement was defaulted.

I think it would be a long shot to sue HM Court Service for negligence, but they do have a good complaints system and they are dealt with fairly.

[Halibutt]

Sorry, I missed "suspended"!

 

In that case, the OP is right - the employer shouldn't have been contacted. Sounds like someone at the court made my mistake and missed the vital "suspended"!!

[TheDude1]

Hi - Thanks for your replies, will respond to them tomorrow!

 

Just an update

 

Spoke to the court today, first of all I asked them if a suspended order was granted and it was.

I then asked them why the letter was sent to my employer (Form N338 was sent, which does illustrate debt - the "Judgement Creditor - xxxx PO BOX" but does not state the amount).

 

They admitted it should not of been sent.

 

I then asked if they were in breach of the Data Protection Act.

 

They replied 'Please put this in writing...."

[Halibutt]

Sounds promising - maybe a written apology at least!

[TheDude1]

Hi All, sorry I haven't replied to this thread for a while!

 

Anyways, I sent my complaint letter to the court and have had a apology back. They admitted form N338 should not of been sent to my employer when a Suspended Order was in place.

 

All they can do is contact my employer and say N338 was sent in error.

 

 

It is true that I haven't lost any finances over this (ie damages to sue) however could I argue the amount I have to pay the debtor per month - As I offered £30 on the basis that my employer would not find out about the debt, but as the court breached the DPA and broke the Order, do you think they would amend the £30pm to £15pm? Could be worth a shot....

[citizenB]

Hmm, I rather suspect that it wont make much difference to the amount being offered. Nice try though.

[cerberusalert]

do you think they would amend the £30pm to £15pm?

Hardly likely as that would be penalising the original creditor for the courts mistake.

[TheDude1]

Hi there, hope someone can help me out!

 

I had a Credit Card from Lloyds around 2004, credit limit £1750.

 

I stopped paying them and to be honest I ignored everything... Defaults on credit file and eventually a CCJ being filed. Then the attachment of order came from a County Court/DCA - Which I am now paying £30pm, the debt is now almost £3000

 

Well anyways, I can't do nothing about that, lesson learned .. But I am now wondering if I can claim back charges on this Credit Card? I imagine there to be quite alot, in fact I'd say it was the very reason why I terminated payments because the amount they requested every month was too much,

 

Any help would be greatly appreciated

[TheDude1]

TBH I don't believe a word of this

story it does not add up:madgrin:

 

I have to laugh at this, your not far from the Truth... Remember when I said it was either LloydsTSB or Littlewoods.

Well I have just discovered that I only actually have 1 CCJ - AND IT IS NOT LLOYDS AS I THOUGHT. It is from Littlewoods.

Last few months been tough, I'm no thinking very clearly

 

So how did a DCA manage to get a Attachment of Earnings over me when NO CCJ exists for this debt. Please please help, my head has gone... Or did I actually have 2 CCJ's and 1 has now been removed ???

[TheDude1]

I guess they don't need a CCJ to enforce AOE...

 

Looking at the original claim form now (N1CPC) from Northampton:

 

"The claimant claims for sums due under a/various Credit Card Agreement(s) entered into between Lloyds TSB Bank plc and the Defendant. The rights of Lloyds TSB Bank plc passed to the claimant pursant to an assignment dated **/**/11 between Lloyds TSB Bank plc and the Claimant. The agreement(s) was/were terminated upon the Defendant failure to comply wiith the terms of the Agreement(s) and or the statutory Notice of Default served by Lloyds TSB bank plc. And the claimant claims: Credit Card Account number **************** balance of 2,0**.** as of **/**/08. Interest under s69 of the County Court act 1984 at the rate of 8% a year from **/**/08 to **/**/11 of 5**,** and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.46 AND costs"

[havinastella]

That POC is for a CREDIT CARD, not catolouge!

 

To be quite honest with you, its totally your fault! You received Court papers and ignored them!

 

On a different note, you are well within your rights to reclaim any charges on this card! With compound and Stat interest. That would put some money back in your pocket!

 

Jogs

[TheDude1]

Thanks mate, yes I did not realise at the time, lesson learned !!!

 

will get the SAR off soon regarding charges, cheers pal

 

also the CCJ on my file (Catalogue) - Can I get this removed if I state I did not recieve the Claim Form? That I was only recently aware of it?

[ims21]

Hi

 

No reason why you shouldn't claim them back. If at the time the CCJ was issued against you the balance was all charges then you may have grounds to get the CCJ set aside.

 

Have you got all of your card statements?

 

Any mis-sold PPI on it?

 

ims

[twofoot]

Am not having a go at you but I'd forget challenging a ccj. You have been so lapse about the whole thing you'll probably waste your money and time by messing up a set aside. Like you say, you do owe the money.

[TheDude1]

Lapse, as in youthfulness and ok I admit head in the sand when the letters arrived.

 

However I have matured and luckily I now have a job that I hold down well - I want to the face the debt, and while I am facing it, I may aswell challenge it - so please don't degrade my integrity thanks.

Edited January 11, 2012 by TheDude1

[Ell-enn]

I guess they don't need a CCJ to enforce AOE...

 

There has to be a CCJ in place before a creditor can apply for Attachment of Earnings

[TheDude1]

I guess they don't need a CCJ to enforce AOE...

 

There has to be a CCJ in place before a creditor can apply for Attachment of Earnings

 

Hi Ell-enn, thanks for the post! And thanks again for all your help before with the AOE.

 

Are you 100% sure on this? According to Equifax, I only have 1 CCJ listed and it is 100% definately Littlewoods and not Lloyds.

 

What do I do now? Cheers

[Ell-enn]

A creditor cannot get an attachment of earnings without a CCJ first. When was the CCJ issued ?

[TheDude1]

Hi Ell-enn, that is what I thought

 

Equifax - Court Information:

Number Present: 1

 

Northampton CCBC / ********

Court Date: 08/09/2010

Type: County Court Judgment (England, Wales and Northern Ireland)

Amount: £1,0**

 

Now I look at the Credit Agreements:

 

Credit Card from Lloyds Tsb Credit Cards (I) / XXXXXXXXXXXXXXXX

Current Balance: £2,0**

Credit Limit £1,750

 

Mail Order Agency from Arrow Global Ltd (I) / XXXXXXXX (Littlewoods)

Current Balance: £1,0**

Credit Limit: £0

 

Could it be that I actually do have 2 CCJ's - But it is not listed on equifax? Should I check other agencies?? Thanks for any help