IND ltd / county court action

[mark2000]

Hi i hope i have posted in the correct section on the site i have been browsing your site and its nice to see people giving advice and helping others out to stand upto these companys.

 

The question i have is.

 

I just recived a Judgment for Claiment notice and this is to do with an overdrarft i had with llyods TSB as a guess quite a lot of years ago it was an overdraft i even asked for and for the sum of £1000 but was handy and i always kept below it apart from one month i was close to the £1000 limit and llyods payed them selves from my account and took me over my over draft and then charged me an extortionate rate for going over even though it was them who had put me over. I went into the local branch and explained what they had done was unfair and the charges should be waivered they refused so i was strait up and told them i would no longer use the account.

 

That must of been around 5 Years ago + now and i have never had any corispondance from llyods untill i now recieved a Judgment for claiment ( in default letter ) and the claimant is IND ltd i have never heard of them before or recieved any other letter just simply this Judgement letter and i presume it has something to do with llyods as the figure for the required amount is roughly the same and they are the only people i have ever not paid due to the way they treated me. Along with that letter i also recieved a letter Notice of Transfer of proceedings to a local court to me.

 

 

So what i need to know is what do i do about this as i did not have a signed credit agreement i had no corrispondance from llyods until i now heard from IND any advice would be apreciated

 

 

Thanks for you time

Edited February 25, 2012 by mark2000

[TheDude1]

Did you receive a 'Claim form' from Northampton CCBC?

 

I had that "Judgment for Claimant" notice and "Notice of Transfer of proceedings to a local court" roughly 1 month AFTER receiving/ignoring the "Claim form" from Northampton CCBC.

 

Sounds to me like you either didn't receive the Claim Form or you ignored it like I did, which I regret doing.

 

Have you also checked your credit file?

Go to: http://www.trustonline.org.uk/ - £4 - to see if you have a CCJ, don't use equifax/others as it didn't come up with them (with me anyway)

Edited February 25, 2012 by TheDude1

[mark2000]

This is the first time i have ever recieved anything have never had any corisponance from IND or llyods is this court letter a windup then ?

[TheDude1]

check your credit file mark!

 

if you didn't submit a reply to the claim form, you would of got Judgment by Default, which is a CCJ registered against you.

[mark2000]

I have just checked on the above site and yes there is a CCJ been entered against me

[TheDude1]

I have just checked on the above site and yes there is a CCJ been entered against me

 

Then NO defence was submitted to the claim, whether it is because of no form received or you ignored it - the Judgment (CCJ) has been entered by Default.

 

One option is to apply for a Judgment set-aside (The CCJ is removed from the Register) This makes the Claim go back a step and you'll be given the oppurtunity to submit a Defence (Request Documents etc As the debt might not even be enforceable). But proving why Judgment should be set-aside to the Judge is tough! He may or may not grant it - providing how good your defence is - "Lost in the Mail" is not good enough and he will most likely dismiss the set-aside unless a good story is to be told i.e. you were not residing at the address the Claim forms were served and you CAN prove this.

 

Should you be granted Judgment set-aside and then your unable to defend the Claim (i.e They produce signed agreement etc) - You'll be given 14 days to pay the debt in full (or settlement). If you pay, you will not get a CCJ.

 

Another option for you, is to find out if the debt has become Statute Barred (6 years or more since last payment).

 

In order to find out when your last payment was, you need send a SAR off to Lloyds. If last payment was over 6 years ago, the debt is not enforceable and this is a good defence to getting the CCJ set-aside.

 

Other than that, if you fail to get set-aside, they will enforce the CCJ to get money from you i.e Attachment of Earnings, Attachment of Earnings through your employer (if you fail to strictly pay them monthly), charging order against property you own - Basically them having a Judgment on you, gives them more power to get the money from you.

 

Hope this helps, keep in mind though it's only knowledge to what I have gone through recently plus mostly others helping me in a similar situation!

 

good luck mate

Edited February 25, 2012 by TheDude1

[mark2000]

thank you for your time but how do i go about getting the set asside proceedur i have not recived any other paperwork from them except the one in my first post so its unfair i have not been able to stand up for myself or given the chance and thinking about it that may even of been over 6 years ago with llyods i know this may sound a stupid question but how do i go about getting that info from llyods i dont know the account number or anything now

[debbbbsy]

llyods i know this may sound a stupid question but how do i go about getting that info from llyods i dont know the account number or anything now

 

You can send a Subject Access Request off to LLoyds.

 

But you can also SAR the cliamant.

 

Contact the courts and ask them to confirm at what address the Claim was served.

[debbbbsy]

Had you received the claim form, you would have sent a CPR 31.14 to IND.

 

Using court procedures to formally request proof that IND legally own this account, you should have received a Notice of assignment stating when the OC sold the account. Without this, they have no legal right to issue the claim.

[TheDude1]

And when sending the SAR off to IND, do NOT sign the letter!

[mark2000]

Had you received the claim form, you would have sent a CPR 31.14 to IND.

 

Using court procedures to formally request proof that IND legally own this account, you should have received a Notice of assignment stating when the OC sold the account. Without this, they have no legal right to issue the claim.

 

The only thing i have ever recieved from IND is a Judgement for Claiment ( in default )

 

I have not recvieved any other paperwork im gusing it is to do with llyods as that is the only people i have ever owed money to in my life so i have no details of what its for im only guesing its llyods only ever recieved this Judgement for Claimant ( in default )

[debbbbsy]

The only thing i have ever recieved from IND is a Judgement for Claiment ( in default )

 

What have you received directly from the courts ?

[mark2000]

What have you received directly from the courts ?

 

Just the default notice saying I have to pay them the money

[debbbbsy]

Thats really odd.

 

You need to speak to the courts tomorrow and get them to confirm to what address they issued the claim.

 

Debbie x

[mark2000]

Thats really odd.

 

You need to speak to the courts tomorrow and get them to confirm to what address they issued the claim.

 

Debbie x

 

I will have to do that thanks as I have not received anything will they ghive me the chance to apeal against it ?

[Ganymede]

I will have to do that thanks as I have not received anything will they ghive me the chance to apeal against it ?

 

 

Are you still at the address from the time of the debt or have you moved recently.

 

It seems odd that you received the Judgment but not the Claim Form etc.

[mark2000]

Are you still at the address from the time of the debt or have you moved recently.

 

It seems odd that you received the Judgment but not the Claim Form etc.

 

I have move but that was not recently there has also been documents my works has posted to me that I have not received whether they will arrive at a later date I don't know but up until now I have not received anything

[Ganymede]

I have move but that was not recently there has also been documents my works has posted to me that I have not received whether they will arrive at a later date I don't know but up until now I have not received anything

 

 

 

Very strange indeed. The Court forms may have been lost in the post but if the Court sent them to the correct address then it would cause problems for any application to set aside on the basis that the docs were not received...