Ccj

[sillygirl1]

Yes, include them as evidence, and also mention it is against the OFT Guidelines in Debt Collecting to use multiple agencies to collect a debt, and then include the evidence as a complaint to the OFT and Trading Standards and the FOS and Information Commissioners Office for completeness.

[foxyflugel]

Thanks SG1 - I will do this and get it posted tomorrow as the lady at NCC said that as soon as they receive this it will stop any enforcement action

 

Foxy

[sick of thames credit]

Hi everyone

 

I have had a good look in all my old papers and have found 3 letters from various DCAs about this debt - and they are all to my correct address!! One of them is even dated 2 days after the lady at BC said they had taken over the debt!! Should I include copies of these? - more to try and evidence that if these 3 companies had my correct address then the chances are that BC did also - or do you think it would make the judge look less favourably on my application for receiving these letters and doing nothing about it?? I am going to carry on looking and try and locate a letter from BC at my correct address as this would be ideal - but I'm just thinking ahead in case I can't find one.

 

Many thanks as always for your guidance and comments.

 

Foxy

 

Ideally it would be better to have one from BC, as I guess BC will claim that the other companies independently traced you..

 

However I suppose that if they did go down that route, you could claim that you were easily traceable something shown by the fact other companies were able to trace you. Also DCA's has a duty to correctly identify and trace people before pursuing a debt, especially if they are going to take enforcement action.

 

My Guess, from reading the thread is that BC is going for the "Service was effected" route by using your last known address, which is covered by the CPR rules and thus will argue that you can't get the set aside on Mandatory grounds.

 

If this is deliberate ploy by BC, which it seems it is, it may be the case that they have been careful not to leave a paper trail that proves they knew your correct address all along.

[foxyflugel]

Thanks SOTC - I will use this also - I need this set aside. Apart from anything else - it is unfair on the resident at my old address to have a black mark against their address.

[debbbbsy]

I called the court today and they advised me to call BC solicitors

 

I think some of these court clerks are paid commission from these DCA's. Yes, they should not give legal advise, but if it is proven that the claim has been issued to the wrong address, they should be advising an application to set a side immediately, not speak to the claimant....

 

Make an application to set a side, and send BC a letter informing them of your costs.

 

Debbie x

[foxyflugel]

Thanks Debs - the lady I spoke to most recently was very helpful but the first man I spoke to was very abrupt and just kept saying to call BC. The lady said that I could put in my set aside app for the judge to consider awarding me my costs back and to claim the £80 for the set aside app. I suppose it can't hurt to ask!! - after all if they had written to the correct address then I wouldn't of have to faff about like this.

 

Foxy

[asokn]

That is exactly the right argument to make when it comes to costs; unlike a discretionary set aside this will be mandatory if you were not served so you should recover the costs of putting right their mistake.

[foxyflugel]

Well that's my application for set aside sent off recorded delivery - so fingers crossed.

 

I have also requested an order for costs due to BCs actions. I attached several letters - 2 from OC - and also from 2 DCAs - these were both pre and post the so-called assignment - even though 2 of the DCA letters were after 14 April (when it was allegedly assigned to BC!!)

 

Will have to sit tight now.

 

Thanks for all your help and support guys.

 

Foxy