Robinson Way / IND,claimform - citi card 'debt'

[colinsunderland]

Got home from work today to find a 'Order for Production of Statement of Means' through the door.

 

I have no idea whatsoever what it relates to,

I moved a could of years ago so its probable any claim went there,

however I can't recall any debt close to the amount on the form.

 

 

The only one close that i can remember was to citicards, which Cabot were chasing,

and I got discontinued and £500 in wasted costs, so pretty sure its not that.

The 'Judgement Creditor' is listed as Robinson Way.

 

I rang RW who told me they weren't dealing with the debt any more, and didn't hold any details of it, and I had to tak to IND Services. I rang them and got an answerphone.

 

So, firstly, if RW are the creditor, can they pass it to someone else?

 

Secondly, what do I do from here? Obviously I have to do something as it mentions if I don't reply I may got to jail for 14 days or get a £250 fine.

 

Any help would be appreciated

[AndyOrch]

N61 Colin? Who is the Claimant?

 

Regards

 

Andy

[colinsunderland]

thanks for the reply Andy

 

Yes its an N61 and Claimant is Robinson Way

[AndyOrch]

They may be trying for a AoE (Attachment of Earnings) are you employed? Have you checked the registrar to see if there are any CCJs against you?

[AndyOrch]

If there is an outstanding judgment and you accept it (even though unaware) you can either set a side the judgment (N244) or vary the judgment if you accept it (N245).Complete the N61 ASAP along with the N245 £40 requesting variance with you I&E and proposed monthly payment.One will cancel the other out without threat of prison or the Bailiffs.

[colinsunderland]

thanks Andy

I will be trying to set it aside I think, however as I have no clue what its about I need more info. If I go to the court will they give me copies of all the paperwork?

[AndyOrch]

Well time is crucial you need to find out

which Court

what claim number

 

 

then submit the N244 (£45) in the meantime the clock is ticking on the N61.

 

 

Inform the the Court that issued the N61 and seek their guidance

but Im sure you must complete it within 8 days.

 

 

The N61 is served personally on you by a bailiff and has the Form N56 attached.

The completed N56 is all that the court wants returning.

 

Andy

Edited April 25, 2012 by Andyorch

[colinsunderland]

it appears all the original documentation was sent to my previous address, and is deemed served as it wasn't returned to the court.

 

I sold the house in Dec 2010 and they didn't start the action until April 2011 so presumably I should be able to get a set aside fairly easily.

 

I've asked the court for a copy of the claim form, but they say they don't have it,

and I've asked IND who also said as the claim is so far along they won't have a copy anymore,

which I'm sure they would have to keep it so not sure I believe that.

 

Apparently it relates to a Liverpool Victoria account,

which I did have but am fairly sure wasn't that high so presumably they have added charges on.

 

So any ideas where to go from here?

 

I thought

 

Set Aside

Request Claim form, CCA, other docs from IND

 

Anything else I should be doing now?

 

Thanks

[AndyOrch]

The summons is only 12 months old so that is nonsense.( on both parties) Have you tried for a copy of the Judgment Order?

[colinsunderland]

yes apparently its a bulk claim and entered by default so the court don't have a copy of that either.

[AndyOrch]

Ok Colin not going your way this matter.

 

Lets turn it round if you was able to set a side could you defend the matter ? Would you be able to submit a defence with merit ?

Yes you have grounds to set a side no question, but what then? Perhaps better to get a N245 in an vary if you do owe this debt at least that will deal with the N61(N56)?

 

Regards

 

Andy

[colinsunderland]

Hi Andy

 

TBH I have no idea,

I'm sure the original debt was arund £1500, and is possibly statute barred as I think it was from about 2004/5.

 

One thing I'm sure of is that I'm not going to accept a debt of £3100 without seeing any paperwork whatsoever,

and having read previous threads about IND I doubt they would be able to supply anything anyway.

 

At the absolute least I would want to see the POC as they could say anything,

but RW say they can't talk to me as they aren't dealing with it,

 

IND say they don't have it and the court say they don't have it,

 

so the only way I can see to get it is to ask for it to be set aside,

then them restart proceedings if they want.

 

I very much doubt IND have any documents relating to the claim,

so could probably defend on them having no evidence.

 

Can you still defend if no CCA is supplied etc?

 

I'm also very reluctant to complete a form giving my income/outgoings

and more so making an offer of payment when I don't even know if I owe any debt.

[AndyOrch]

I fully agree with your sentiments Colin and would probably take the same action.

 

 

Ok forget the Summons the least you will need is the claim number to enable your application to set a side,

complete the N244 and get it in rapid.

 

 

In the " reason for making this application " along with served at old address you need to state that having requested copies of the summons from the Court issuing and the claimant awarded there is no trace of any paperwork on a judgment 12 months old.

 

Post up your application if you want me to vet it firstly but get your skates on, tick tock on the N61 (N56).

 

Regards

 

Andy

[colinsunderland]

thanks Andy

 

One thing I'm not sure about,

I'm going to write to them to ask for a copy of the initial claim form,

who do you think I should write to. RW are named on the court docs,

but they they have said they nothing to do with it now,

and IND confirmed on the phone they issued the claim.

If they issued the claim, how come its in RW's name?

[AndyOrch]

I thought no one had it? As long as you have the claim number its up to the Court or the Claimant to provide it when the question of set a side is determined.

With regards to your other point one and the same ?

 

Andy

[colinsunderland]

Yes but surely if I haveit in writing that no one has it, that will be in my favour if/when it goes to court?

[AndyOrch]

The summons merely contains the Claimants statement of case which as already been awarded in default.

Your basis for set a side would be not served correctly/ unreceived.

 

Once the set a side is allowed then the Claimants will have to re submit a fresh claim anyway on which their case relies upon and we start from the beginning.

 

 

I dont think anything in writing confirming the absence of said summons would hold any points in either parties case, but if they (The Claimants) cant substantiate what the initial claim was or what there replacement will be ..

....now that would be interesting.

 

Regards

Andy

[colinsunderland]

Small update on this

 

The Order for Production of Statement of Means was dismissed as I am self employed.

I also put in an application to have it set aside, which is due to be heard on the 27th June 10am.

Today Proteus dispatch (fake courier) delivered an 'Order to attend court for questioning', which is scheduled for the same day at 11am.

 

I've spoken to the court expressing my concern that I am going to have to close my business for half a day and they said if my application is successful the second hearing will be automatically cancelled, and if not the judge will adjourn the second one. Does that sound right?

 

Anything I should be doing in the meantime please?

[citizenB]

I will alert andyorch to your latest episode of the saga!!

[AndyOrch]

Small update on this

 

The Order for Production of Statement of Means was dismissed as I am self employed. Excellent

I also put in an application to have it set aside, which is due to be heard on the 27th June 10am. Excellent

Today Proteus dispatch (fake courier) delivered an 'Order to attend court for questioning', which is scheduled for the same day at 11am. Fair enough

 

I've spoken to the court expressing my concern that I am going to have to close my business for half a day and they said if my application is successful the second hearing will be automatically cancelled, and if not the judge will adjourn the second one. Does that sound right? Yes because your set a side will set it back to the start of the claim and their application for Order to attend court for questioning will be pointless and a waste of money and vacated by the court.Dont forget to claim costs (application) and the £90 for time off work!!

Anything I should be doing in the meantime please?

Thinking about a plausible defence?

 

Andy

[colinsunderland]

Thank Andy

 

Well I can't really do anything re a defence until I see some paperwork. I fairly sure the debt wasn't anywhere close to £3k (and the amount on this latest form is different to the last one so not sure why), and is possibly statute barred.

Plus from other threads IND seem to drop things when they are questioned on little things like evidnce so will wait and see if they start the claim again. I'll be shocked if the set aside isn't granted as I can prove the house was sold before the claim was started let alone when the judgement was entered.

 

Can I ask for costs for a set aside hearing?

[AndyOrch]

Yes because your set a side will set it back to the start of the claim and their application for Order to attend court for questioning will be pointless and a waste of money and vacated by the court.Dont forget to claim costs (Set A Side application) and the £90 for time off work!!

[colinsunderland]

Just got a letter from IND, copies below if anyone can advise on what I need to do yet.

19 States a copy of the POC have been served on me, but I haven't got them.

[citizenB]

You need to go through their witness statement and see if there is anything you can disagree/rebut.

 

Were they or the original creditor aware of any new address ?

[colinsunderland]

not really, although this is all ive had from them so no copy of POC which they have stated have been served on me.

Obviously I wasn't at the address so didn't get the original claim form.

 

With regard to point 20 - if its set aside surely they have to resbmit the claim so why would I have to provide a defence within 14 days? Plus I want to see all statements etc before I can do a defence so presumably I can argue against that?