Formal Notification - Order for Questioning

[BRIGADIER2JCS]

The default is definitely unfair after such a long time.

Yes demand the exact source of the alleged payment.

Check Trustonline for the CCJ there is a fee.

[cerberusalert]

When you checked the Trust site previously did you enter your old address?

[manequin]

HI

 

I just checked my previous address which I left in 2007, there is now a CCJ on there showing as UNSATISFIED JUDGEMENT dated 08/11/11. Is this really playing ball after a default was registered 7 years ago????

 

What beats me up is they sent to my previous address then 4 months later write to me here? How bizzarre

 

Quite strange as there is definately no entry on my experian credit files....

 

Any ideas where I can defend or not defend myself as the case may be???

 

I am going to track the payments as well, I am very certain I never paid anything since I moved home as well.

[BRIGADIER2JCS]

This is certainly reaching into the depths

of unfairness and needs careful consideration

on how to proceed.

[manequin]

Just a thought, would sect 24 of the limitations act have any impact on this one?

 

I also sent a letter to Wescot today asking for th source of funding including bank name and transaction code, plus any copies of correspondence they have to demonstrate thier efforts to ensure I receive CCJ notification. (I changed bank accounts in 2007 & know that there was definately no payments made to Wescot from my new account.

[manequin]

Received a door step caller tonight, a postman from my local county court.

 

Served me with a notice to attend court on 13th June @ 10.00, a lengthy document asking me to produce income & expenditure, bank statements, proof of rent/mortgage, utility bills and all sorts of things including my assetts if any. (I only own outright a motorbike which is valued in region of £2000.00 private sale) (Quite concerned about this factor, just paid finance off in November 2010)

 

Thinking about going to CAB to see if I can find more information given it`s now 2 weeks since I rang the court and asked for any copies of particulars and still nothing received.

 

Clutching at straws here but is there any impact on section 24 Limitations act as default is 7 years old then CCJ appears and a notice of questioning.

[BRIGADIER2JCS]

I can't see how limitations can apply

payment made in 2008, but the time

scales are unfair.

Please use your local CAB and ask for

an advisor familair with these circumstances.

[brokebutnotbeatn]

See post #23. you need to get this set aside then you need to defend. You don't beleive you made a payment and it they wil have to prove it is NOT SB'd which means proving you did make a payment; a bit hard when you know you changed bank accounts and didn't make one! one step at a time. now go get this set aside.

[manequin]

Finally received details from my local county court, certainly took a while, 2 phone calls and a letter to get the information, still I have copied below word fpor word excluding account number.

 

 

The claim is 1980.81 being monies owing to the claimant in respect of a credit agreement between MBNA and the defendant under account number xxxxxxxxxxxxxxxx.

The agreement was terminated as the defendant failed to maintain the agreed terms.

In accordance with the pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan. The defendant has failed to respond or maintain a suitable arrangement.

MBNA has sold and assigned all rights, title and interest, under this agreement to wescot spv limited and claimant claims interest pursuant to section 69 of the county court act 1984 at a rate of 8% per annum from 07/08/2008 to 13/10/2011 totalling £504.04 and thereafter at a daily rate of £0.43 to date of judgement or sooner.

Amount of claim £2484.85

Court fee £75.00

Solicitors costs £80.00

Total amount £2639.85

I have also been in contact with CAB, I was advised I need to report both organisations to FSA, CCA and FSO, not entirely sure where that will get me but interesting that the CAB representative openly said she smelt a rat given it is over 4 years since payment made, 8 years since origional default and they mysteriously write to me at my correspondence address 4 months after CCJ reported on Trust site.

 

I was asked if I had been on electoral role, of course I have and have checked my files to make sure I was and hey presto I am so why could they not find me then? As CBA say, I smell a rat and underhand tactics.

 

I have also written to wescot for the 4th time now, under freedom of information act I have asked for copeis of all documents on a file they hold on me, still nothing received, they are certainly dragging thier feet because I want something now.

 

I am in court on 13th June, but I am hoping to make an application to have this set aside before, but until wescot reply I have eliments of doubt, after all I have to pay out £80.00 but need to see the value in this prior to application.

 

Any thoughts folks?

[manequin]

Just looking to see if there is any further advice?

 

Wescot have not supplied or even acknowledged my letter to date, still I know they have a timeframe to work to which is after my court date.

[rameses_qc]

Freedom of Information Act doesn't apply here. I would advise you act quickly without waiting for Wescot. Find a Solicitor who gives the first interview free (yellow Pages etc) and ask them for advice. Wescot are trying it on, and succeeding. YOU have to put forward the S B defence if it applies, and have the CCJ set aside as they look as though they deliberately sent it to your previous address in order to get a Judgement by default

CAB is OK, but you need advice fast.

[caledfwlch]

I can't see how limitations can apply

payment made in 2008, but the time

scales are unfair.

Please use your local CAB and ask for

an advisor familair with these circumstances.

 

Brig, from reading, it looks like the convenient payment that reset the SB clock may be one of those VERY convenient payments that appear on debts when the DCA realises the debtor understands what SB means, you know, the ones people never remember paying, and which no proof of can be found....

[Old Cogger]

In that case put them to stricy prrof of payment, how paid/ by whom etc.

[rameses_qc]

It's too late for all this. You need some proper advice re procedures. The CCJ has to be set aside and quickly. The proof or otherwise of payments will come out then. Not attending the questioning is contempt of Court and will mean prison until you purge your contempt. Wescot are trying it on. You need to see a Solicitor, and quickly. CAB won't be enough for this case as time is of the essence.

Worry about evidence of payments later at the set aside hearing.

Ultimately, it's up to you, but whatever you do, you have to do it quickly

[simonjohn]

It's too late for all this. You need some proper advice re procedures. The CCJ has to be set aside and quickly. The proof or otherwise of payments will come out then. Not attending the questioning is contempt of Court and will mean prison until you purge your contempt. Wescot are trying it on. You need to see a Solicitor, and quickly. CAB won't be enough for this case as time is of the essence.

Worry about evidence of payments later at the set aside hearing.

Ultimately, it's up to you, but whatever you do, you have to do it quickly

 

I agrree with rameses the priority is to go for set-aside as time is of the essence.

 

In the meantime I would check out the credit reference agency credit files with both experian and equifax and and focus on the previous searches section to see if wescot have left a footprint for an outstanding debt trace. ( equifax would be best for this as they hold searches for two years as opposed to 1 year for experian)

If they have left a footprint for a debt trace search and this pre-dates the new ccj, then this begs the question why have wescot sent a county court claim to a previous address when a trace would have given your new address.

This will also give you ammo towards a succesfull set-aside.

[manequin]

A quick update folks!!!!

I attended as requested to be welcomed by a party of two, (No judge), they sat there whilst I completed an internal court form which pretty much duplicated everything I had researched and prepared. Typical income and expenditure, they wanted to see payslips, proof of everything I was saying and why I had not paid any monies since the CCJ was implemented.

Upon me saying I never received any notification and the first correspondence received in over 5 years was a notification order for questioning they asked if I was going to request set aside. A good conversation was held, they kept telling me they could not advise but mentioned set aside 5 to 6 times in a short time – they even went away to get me an application form to which is now completed and will be actioned next week when I am back in the town.

The outcome is I advised I was not in a position to make an offer of payment at this time, my rationale is that I firmly believe the payments have been fabricated, Wescot are being extremely evasive and are not fulfilling my repeated requests.

In terms of my requests from Wescot I have done a SUBJECT ACCESS REQUEST to which they only sent me what looks like screen dumps on internal systems, when I read through them there are comments detailing a total of 17 letters sent to me which I never received, looks like they engaged someone called Mack Hall? Don’t know who they are. So I have decided to play hard ball with Wescot and try to make it difficult for them.

I have now asked for the following and advised it still comes under the original subject access request where the fee is paid and has been acknowledged. I also included a copy of my original letter which does include the below.

1) A certified true copy of the original credit agreement which I think is from 2001.

2) Certified true copies of all written correspondence sent to me inclusive of any received from me.

3) Certified true copies of all correspondence to and from third parties.

4) Certified true copies of all emails internal and external relating to this case.

5) Certified true copies of all telephone transcripts.

6) A detailed explanation of any automated decisions that have been made about me

I have reported Wescot to the Financial Ombudsman Service from recommendation of the CAB.

A quick question, is there any recommendations I should consider with supporting documentation for my set aside application?

Thanks all

[Old Cogger]

A clue here is the set-aside metioned, if they keep reinterating it, look into the posibility as they said they cannot advise (Set aside - set-aside se- aside set-aside) here is a form should you wish to set - aside.)..other will comment on this as well no doubt.

 

Good Luck. peeps will advise soon .

[BRIGADIER2JCS]

All and any docs you have!

 

Please be aware that you may NOT get a copy of the agreement

with the SAR.

 

The ICO has stated that they would ''expect'' the agreement to

be supplied but there is actually no legislative obligation to do so.

CCA 1974 setions 77/78 cover the production of agreemenrs regulated

under the act.