Unknown ME III Ltd CCJ/AOE - Blackhorse 'debt' - set aside **WON BY TOMLIN ORDER**

[roadhog1]

Hi,

 

I received in the post in December an Application for an Attachments of Earnings Order in my local county court.

This was the first I had ever heard of the matter.

 

The creditor being MEIII Ltd whom I have never heard off.

 

To cut a long story short all letters that they had sent,

the county court summons and judgment which was made in default were all served at my previous address.

I therefore issued an application for judgment to be set aside and have been given a hearing date in March.

 

Since then MEIII (who are actually Marlin who apparently bought the debt of Blackhorse) have written to me with copies of all the letters of assignment that they sent to my previous address.

They also attached a copy of the claim form etc.

 

they are

willing to consent to set aside the judgment on the basis that there would be no order for costs in relation to my application.

willing to remove the interest and costs which were added when the claim was issued.

willing to reach an agreement and enclose a statement of means for me to complete.

ask for a response in 14 days

 

if agreement is reached they would draw up an appropriate Consent Order for us to sign and send to the court and ask them to remove the hearing from the list.

 

What I am unsure of is if I do all will there still be a judgment against me or will it be removed from my credit file?

The debt is for just under £11k

it wouldnt be in the small claims court

 

from what I can gather if I defend it on the basis that I never received any assignment notice etc the fee is £210.00.

Would it be advisable to come to an agreement and if it is by a consent order will I still have the judgment registered against me?

 

your help would be much appreciated!

 

Thanks

[42man]

Any chance the debt may be statute barred ? any PPI or charges ? Have you requested a copy of the agreement ?

[roadhog1]

hi thanks for your response,

defo not statute barred,

 

no i havent done any ppi and havent asked for a copy of the agreement.

 

i know it relates to a blackhorse debt and i think its from 2008.

 

i dont mind entering into an agreement by consent as long as it means there will be no judgment

 

i am not really looking forward to a court hearing.

 

do they have to have a copy if the agreement at court, they havent enclosed one along with the

other letters.

 

thanks

[42man]

If it is from 2008, then they will probably have a fully compliant agreement, (although you should certainly investigate to see if there is any PPI on it). If you are happy to enter into an agreement with them then I think they may be ok about withdrawing the judgment.....and no they probably wouldn't have a copy of the agreement. But you could send a CCA request to Lloyds

[roadhog1]

Thanks for your help,

 

Please could you tell me where I can find a template letter for CCA. I havent been through this process before with any debtors and think I should be doing it with a few of them!

 

Thanks

 

Roadhog1

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

As the debt has been assigned its important to head the request " I do not acknowledge any debt with your company "

 

Regards

 

Andy

[roadhog1]

Thanks Andy,

 

I was wondering

do you think it is worth me doing a CCA letter to ME III?

 

they will agree to set aside the judgment if I come to an agreement with them 'by consent' within the 14 days.

sent a statement of means.

There is a pending hearing at my local court in March.

 

If I send a cca letter what would happen then if they didnt provide the agreement?

Would I then have to go to Court?

 

I think i may have been making payments to blackhorse through a debt management company up until 2011,

I have now discovered that the original agreement was November 2007.

 

will I have a defence if there is no original agreement?

or will it make no difference at a Court hearing?

 

I just dont know which way to do it really!

 

Roadhog1

[AndyOrch]

If they are prepared to offer a Consent then the judgment would remain set a side...so no claim to defend.If you refuse to accept their consent then they will probably re present the claim and it starts again from the beginning..that being the case then you should request a copy of your agreement via section 77/78 request.

 

Regards

 

Andy

[roadhog1]

If I offer a consent but the Judgment be removed from my credit file or would it have some reference to it being set aside?

Also if I do not consent what would the process be at the Court hearing?

it is listed for 30 minutes!

 

Thanks

 

roadhog1

[AndyOrch]

All depends on the terms offered within the consent...but if set a side then there is no CCJ or any reference to it.

 

What is listed for 30 mins Roadhog?

[roadhog1]

I made an application to dismiss the judgment when I received an application for an attachment of earnings from my local county court.

 

I wasnt even aware I had had a cc summons or who MEIII were as everything had gone to my previous address which is why I made an application for judgment to be set aside.

 

However I thought the Court would just do this and then the whole claim process would start again

 

instead I received an order from the court listing it for a 30 minute hearing in march!

 

I dont know what that would consist of which is kind of what is putting me off pursuing this further.

 

Thanks

 

Roadhog1

[AndyOrch]

The hearing will be to determine the set a side...your AoE will be suspended also if you have informed them of your application to set a side.

[roadhog1]

right i see,

im guessing then it would be better to do it by consent with them than run the risk of a court not setting aside,

(although i have plenty of proof that it was sent to my previous address)

 

i cant see how they cant.

would it change anything i went to court and they couldnt produce the original agreement?

 

i was thinking that i could maybe send the cca letter now and see if they respond before the hearing.

 

thanks

roadhog

[AndyOrch]

The offer of Consent signifies the Claimant may not wish to proceed.(for whatever reason no CCA ...?)If the Consent is acceptable to you and the terms agreeable then that would end the matter.You shouldn't really request a copy of the agreement once judgment is in place...so if they don't respond don't take that as a signal that one does not exist.If the Consent is not acceptable proceed with the hearing... if you successfully set a side then they must comply...if they cant then that may be the reason for the offer of Consent....but who knows for sure?

 

Regards

 

Andy

[roadhog1]

I think before I complete the statement of means I shall write to them asking them what their terms of consent are.

 

Many thanks for your help once again Andy!

 

Roadhog1

[roadhog1]

Just an update regarding Marlin Europe Limited,

 

I wrote asking was their terms of consent are and they have sent me a draft Tomlin Order.

 

The terms are that the judgment dated 18.7.12 is set aside,

all further proceedings to be stayed save for enforcing or carrying into effect the said terms with liberty to apply for that purpose.

 

Then the attached order schedule puts in a sum (which they are happy to change if i complete the statement of means)

 

Then the crucial part is

 

'if the defendant fails to pay the claimant will be entitled to apply to the court for judgment to be entered.

I have also sent a cca request to them in the meantime.

If I agree to this will the judgment definately be removed from my credit file or will it say 'set aside'?

 

thanks

 

roadhog1

[AndyOrch]

It will be set a side and removed from your Credit File roadhog.Update your thread once this is sealed.

 

Regards

 

Andy

[roadhog1]

Ok I will do.

There was one other thing on this though.

 

On my credit file I noticed they defaulted me in February 2012,

obviously this went to my old address along with the notices of assignment and everything else.

Is there anything I can do to get them to remove that default bearing in mind I never received an assignment?

 

thanks

 

roadhog

[AndyOrch]

Ok I will do. There was one other thing on this though. On my credit file I noticed they defaulted me in February 2012, obviously this went to my old address along with the notices of assignment and everything else. Is there anything I can do to get them to remove that default bearing in mind I never received an assignment?

 

thanks

 

roadhog

 

Not unless you didnt default on the agreement otherwise that remains for 6 years.

[roadhog1]

I defaulted on my agreement with blackhorse,

but never made an agreement with Marlin

or was even aware at that point that they has been assigned the debt

but im guessng that makes no difference.

 

I was wondering whether they would consider putting the removal of it in the terms of the order or would that just be a no go situation?

[AndyOrch]

No go..... irrespective of Litigation /CCJs/ Set a sides a default is a default and as such (if recorded fairly and accurately ) must remain on the CRAs files in line with the ICO guidelines.

Unless its a disputed default

[roadhog1]

ok then thanks for the info. still part of me that wants to see if they can produce a cca in court but i dont know what it would change even if they couldnt, i have read stories on the forums of judges still making orders without them

[AndyOrch]

Nothing to suggest it couldnt be added to the consent...if you don't ask you don't know

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?369312-CapQuest-Default-Judgement-CCJ-going-for-set-aside***Discontinued-by-Consent***/page3

 

Post 41

[roadhog1]

Hi,

Thought I would update you as to the final upshot in this matter.

They Judgment was set aside by consent with nominal monthly payments.

Signed and sealed in March!

 

The only thing that is quite annoying is that it still hasnt been removed from my credit file and that was a month ago. Roadhog 1