Judgement for Claimant (in Default) issued - Robinson Way - I don't know anything about it!!!

[nortellini]

Hi all

 

First time on here. Have had a few ups and downs with my finances in previous years but have been trying to get on track for some time now.

 

Haven't felt the need to unburden myself - but I have a massive problem, and I am just in a state of shock, and would welcome any advice that may be forthcoming.

 

I have received today, dated the 25th July, a Judgement for Claimant form in Northampton County Court. The debt is for £2,469.35 for debt, £155 costs, and to be honest I don't even know what it is for! There is no detail. There is no explanation, and I have no idea what this debt is for.

 

I have also received a letter dated 29th July stating that the claim is to be transferred to Nottingham County Court for enforcement. Of interest is that I do not even have my date of birth given - so do they not know it?? - and also they have slightly spelt my christian name wrong.

 

In short, I would welcome any help or advice. I do not even know what this debt is for, I have had no letters from Robinson Way, and by reading about them on here very quickly today, it looks like there is a lot of negative publicity about how they do business! Who do I write to? What are my options??

 

If I have incurred a debt, or there is debt outstanding, then fine. I will face up to my responsibilities - but I cannot understand how anyone can do this without some form of interaction, & potentially impose something upon me that could potentially ruin my medium term future. My job could be at risk, and any credit I seek now is completely out of the question for years.

 

Sorry for the sob story - but any help will genuinely help someone new to this. Thank you for taking the time to read this.

[Ganymede]

Hi,

 

Did you received the Judgment and the Notice of Transfer directly from the Court?

 

You need to get hold of copies of the Claim Form etc from the Court.

[nortellini]

Hi,

 

Did you received the Judgment and the Notice of Transfer directly from the Court?

 

You need to get hold of copies of the Claim Form etc from the Court.

 

Hi there

 

Yes, it has come direct from the Court; so I should ask the Court to send these out. Ok, many thanks for that!

 

nortellini

[Ganymede]

Curious why you received the Judgment etc but not the Claim Form. Once you have a copy of the forms you will know exactly what the debt is and where the forms were originally sent.

[debbbbsy]

hi,

 

The court process is, you recieve a claim form from Northampton giving you the opportunity to acknowledge the claim and state your intion to either admit all or part of the claim, or defend in full.The particulars of claim would state who the claimant is, who the origonal creditor was, it would refer to the account type and interest applicable, and also when the default notice was issued.

 

You need to contact Northampton Court directly, you can phone them, simply quote the court reference number on the court doc you have and ask what address they have on the claim form. If it is not your address, file an N244 and have the CCJ set a side immediately.

 

You will have to pay a fee for this, send the claimant a bill for this fee.

 

Debs x

[nortellini]

Firstly, my congratulations on having a cancel button so near to the post button..........hence, an hour of typing lost down the drain. AAAAARGH!!!! Hee hee.

 

Ok, so thanks Debbs. The address on the literature from the court was apparently correct. So, no contest against that - even though I couldn't get through to Northampton County Court as the phones were either unanswered or engaged. However, I took a lot of advice from the National Debtline who were really helpful. I spoke to them before and after speaking to Robinson Way who were reasonably professional but didn't seem to have a clue or were willing to discuss this. They have subbed my stuff to a company called IND. What was interestign was that Robinson Way did NOT have my address details against this debt. They had my old address which I vacated about 18 months ago.......is this grounds enough for me to contest and complain, as they have been clearly writing to an old address for months.

 

IND, when I called them, confirmed it was a debt for an old credit card that I am sure I cleared back in 2005/06. What is interesting to note is that when I asked them to suspend the action, or hold off, as I did not believe that the debt was valid, and that I wanted to contest it, IND were absolutely useless.

 

I asked them for some information, and then to suspend all of this while this is looked at - hopefully offline. They said, "Er, can you call back next Wednesday" as their manager would need time to deal with this...??? Is this normal?? I have since tried several times over the last few days but no-one has answered the phones, worryingly.

 

Anyway, in the meantime I now have an Attachment of Earnings Order Application Form sent by the court and I am officially s____g myself!!! I am going to apply for a N244 as I believe the debt to not exist, and even if it does (it was about the time and ex and I were splitting costs in a rather messy breakup), I am sure that it is statute barred.

 

I would welcome any advice:

 

1) Am I best going to the County Court for an N244 form or calling them? What will be quicker for me in terms of getting something done and things halted, as I have had the Attachment of Earnings forms since Wednesday?

2) The Attachment of Earnings Form - ; what do I do in terms of putting in appropriate figures against my expenses that will not get challenged? I don't want to take the p__s, but also I do not want to put down draconian numbers - if things go pear shaped - & find myself paying this debt over 3 months or something! If I do have to pay back, and I hope this is not the case, I do not want to pay back via a horrendous amount that will make my life absolutely horrendous.

3) I am absolutely petrified of my work finding out - there is a section at the foot of the form, Section 10 with reference to "Offer of payment" - that says that I can offer to pay voluntarily, what will allow me to lean in my favour someone adjudicating that my employer does not need to find out?

4) Should I even submit the Attachment of Earnings Form if I intend to submit a N244?

 

I am sorry to ask more questions, I am just in a bit of a tizzy and it is helpful to maybe take advice from people who maybe have been in the same situation.

 

Many thanks in advance

 

nortellini

[nortellini]

Sorry folks - can anyone give me even any further advice what to do? Any advice really will be appreciated.

[AndyOrch]

" I would welcome any advice:

 

1) Am I best going to the County Court for an N244 form or calling them? What will be quicker for me in terms of getting something done and things halted, as I have had the Attachment of Earnings forms since Wednesday? You can download the N244 to set a side

2) The Attachment of Earnings Form - ; what do I do in terms of putting in appropriate figures against my expenses that will not get challenged? I don't want to take the p__s, but also I do not want to put down draconian numbers - if things go pear shaped - & find myself paying this debt over 3 months or something! If I do have to pay back, and I hope this is not the case, I do not want to pay back via a horrendous amount that will make my life absolutely horrendous. You can ask the court to suspend the order

3) I am absolutely petrified of my work finding out - there is a section at the foot of the form, Section 10 with reference to "Offer of payment" - that says that I can offer to pay voluntarily, what will allow me to lean in my favour someone adjudicating that my employer does not need to find out? see above

4) Should I even submit the Attachment of Earnings Form if I intend to submit a N244? " yes you have 8 days to complete but state that you intend to suspend it due to your application N244 to set a side

 

Regards

 

Andy

[debbbbsy]

Hi,

 

Firstly do not correspond with the DCA's by phone. You must put everything in writing and when posting do it at the counter and ask for proof of postage. Keep copies of all your correspondence and make sure you set them deadlines in which to respond.

 

They are paying you lip service and stalling you on the phone because they know the court process is continuing.

 

You need to request from the court a copy of the original claim form. Do it in writing. Make it official that for some reason you did not recieve the documents.

 

Once you have the claim form, this will refer to agreement and the Default Notice. When writing to the DCA, you need to request these documents. If they did not have your new address on their system, the default notice will have the wrong address. It will be interesting to see.

 

You could submit your N244, but you need to clarify on what grounds you are seeking to set a side, and for this you need to start demanding the documents officially.

 

The Notice of Assignments from both Robinsonway and IND. Who instigated proceedings and who actually owns the debt now ?

The Default Notice. (Should have been sent to the correct address).

The Credit Card Agreement. A must have to prove the claim was enforceable.

Statements for the account reffered to on the Claim. Again a must have, not only to support the amount being claimed but also to comply with CCA ammendments 2006, annual statements MUST be sent to the debtor.

 

http://www.legislation.gov.uk/ukpga/2006/14/crossheading/statements-to-be-provided-in-relation-to-regulated-credit-agreements

 

Everything in writing...No more phone calls.

 

Debbie x

[DonkeyB]

Did you ask IND where they sent the claim form? Looks to me as though they may have sent the claim to an old address then amazingly found your correct address once they had a default judgment. Will be interesting to see a copy of the claim. You will only get an electronic print out from the court, but persevere for one anyway. You need to know what happened so you can prepare proper grounds for set aside.

 

As debbbbsy says, getting hold of a copy of this claim is a must. You should also ask the court if the claimant changed the defendant address at any point (which would not show on a claim form).

 

But one problem with asking for those other things is that technically RW don’t have to provide anything as the judgment supersedes the agreement. Hopefully they will play ball...

[nortellini]

Hi all

 

I firstly wanted to say thank you so much for all your kind advice. I have had a problem in that my laptop literally blew up and have only just managed to get a new one sorted! So, am back on here right away.

 

But seriously, thank you very very much. I appreciate you all taking the time to write - you didnt need to and I appreciate it.

 

So then, update - filled in the form, submitted it with payment, and managed to get an Application to set aside hearing. This is within days. But not all good for me it seems....

 

The DCA have since sent a copy of their credit agreement - AND a copy of all the payment transactions to date at high level. It would APPEAR that the account was NOT closed. And that having looked at this - it ALSO appears that an old account which I was paying some bills with, still continued to pay a small monthly amount by standing order for several years afterwards!! It was an old bank account that I didnt even realise still did it - I have checked this out, and indeed this is the case. So........it would appear as if things are NOT what I expected.

 

But, no annual statements sent by the DCA, no copy of the default notice by the DCA, & I was told by the Court when I handed my N244 in that they had not yet received an individual copy of the claim as I had asked when I submitted my Application form!

 

So, the details that I have received back - it would appear as if the account was NOT closed. And it would appear that there is a sum outstanding - however..................and I would have no problem in paying anything that is owed legally, if I had been made aware, and given the opportunity to look into it! However, they have made some statements which have made me puzzled:

 

1) They contest that I have not been served correctly at my last known, correct address. I did not receive the claim pack - and they are adamant that they have given me notice that the debt had been assigned! I never received a letter, nor did I receive the Claim Pack!! They claim they wrote to me once, and the court issued a Claim about a debt I didnt know I still had! Seems incredibly unreasonable.

 

2) The consequence of this, is that I now have an extra £1,000 of costs etc for a debt I had no idea about, and probably will have costs on top of this to follow.

 

3) Is there any point in my attending the hearing - is it still too late for them to withdraw the application, and I negotiate reasonably/rationally like grown ups!? The risks of a CJJ against me in my profession are such that it genuinely could affect my job.......

 

4) In view of the impending date of the hearing - with this new information to hand, am I entitled to ask for the meeting to be put back to seek further advice?

 

As an aside, they still persist in spelling my Christian name wrong - as the name that the judgement was passed against. Is there grounds for rejection of the Agreement based upon this?!

 

Would really appreciate any advice that is going folks. Thank you again in advance. It's great to know the world still has decent people.

[nortellini]

They have also changed solicitors - from their own in house representative/debt manager to a solicitor. What does this mean??