Jump to content


  • Tweets

  • Posts

    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CCJ But I Live Abroad and Never Knew About It


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4042 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

SB is 6 years after your last payment or written acknowledgement of the debt. CCJ will be there until 6 years have passed. It wont be SB'd, but the creditor will find it pretty much impossible to get any enforcement orders after 6 years. Most dca's just write the debt off as a loss and sell it on to a lower level dca, who will try and push their luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

SB is 6 years after your last payment or written acknowledgement of the debt. CCJ will be there until 6 years have passed. It wont be SB'd, but the creditor will find it pretty much impossible to get any enforcement orders after 6 years. Most dca's just write the debt off as a loss and sell it on to a lower level dca, who will try and push their luck.

 

And as the CCJ is with another DCA, the new one would have to apply to the court to reassign it to them?

Link to post
Share on other sites

Action should not be taken after 6 years from the date of judgement, very, very unlikely to be allowed

to reinstate.

But, is enforcing a judgment debt not viewed as action brought upon the judgment because they are not seperate proceedings? It's a bit confusing (well, it is for me anyway :???:)

Link to post
Share on other sites

Not confusing at all. If they didnt get enforcement order's in the six year, then they're out of luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

But, is enforcing a judgment debt not viewed as action brought upon the judgment because they are not seperate proceedings? It's a bit confusing (well, it is for me anyway :???:)

 

You've had excellent advice and guidance on this forum, just accept it and move on with your life.

Link to post
Share on other sites

Example a Judgement is made in favour of a claimant, said claimant does not ''enforce'' the judgement within 6 years of the date of the judgement order, then the claimant cannot enforce the judgement order.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

You've had excellent advice and guidance on this forum, just accept it and move on with your life.

Wow thanks steveab1. What would I do without your invaluable assistance?

Sorry for asking questions on this forum; maybe I was wrong to think that this forum was about sharing advice and information that it was to help others.

BTW, my question was the result of reading a previous comment on this forum. Hence the reason for my question. If you don't know or are unwilling to offer any advice (other than the rather unhelpfull advice you have offered) then please just accept it and move on with your life.

Link to post
Share on other sites

From the following thread post #14 http://www.consumeractiongroup.co.uk/forum/showthread.php?329785-CCJ-Expiry

They don't need the permission of the court except if they want to issue a warrant (Order 26 Rule 5 county courtlink3.gif Rules 1981). If they want to do an attachment of earnings or charging order, they can just crack on no matter how old the judgment is. It is not an action on the judgment, so the limitation actlink3.gif does not apply.

This does suggest that, even after 6 years a DCA would not need to return to the court. This is why I am confused. Which is why I'm posting here.

Link to post
Share on other sites

If the creditor didnt get enforcement on the ccj in the six years after judgement they wont get it at all. Forget about what if's. It very rarely ever happens and in your case I am 100% confident that they wont get it.

 

Take a deep breath, put it behind you and move on with your life. You are worrying unnecessarily.

 

If it helps, since 2001 ive had 3 ccj's. Not one of them were granted enforcement orders.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

IT the examples you quote will not come into your case anyway, but Creditor/DCA can continue to press for payment, but they are very unlikely to do so, even if this did happen and any contact made was frequent/excessive it can amount to harassment, it's of credit files, can be put through the courts again so don't let it concern you further.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Ivan

 

While you are researching this, you might as well study for a law degree and when you come back to the UK you can become a Solicitor.

 

I think what the thread you have linked to does not mention, is that if the successful claimant wants to enforce the judgement in the ways mentioned, is that they would have to go back to court. They would have to make arguments, as to why after 6 years they are wanting to apply for attachment to earnings or a charging order. Now I am no legal expert, but I expect that there is case law that exists that would enable you to defend such an application.

 

What you have to be careful of, is assuming that posts on CAG or any other forum, are expert opinions. They should not be taken as fact, but just as opinions by ordinary members of the public. If you contacted a Solicitor they are most likely to tell you to try to negotiate a settlement of the debt, if you can afford to do so. This is on the basis that you don't know whether you will return to the UK or not and are worried about the potential of further court action being taken to recover the debt.

 

My last advice on this. If you are worried about it, then deal with the debt.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Ivan

 

While you are researching this, you might as well study for a law degree and when you come back to the UK you can become a Solicitor.

Now I am no legal expert.

 

What you have to be careful of, is assuming that posts on CAG or any other forum, are expert opinions.

 

.

Nowhere have I assumed anything of the sort. I just asked some questions the same as many others have done in the past. So I'm thankful that it is your last advice on this, as sarcasm is never much use.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...