TBI Finance chasing old year 2000 CCJ - they wont go away!!

[Seminole]

Should the letter also refer to the lack of definitive evidence that a judgement was even obtained?

[BRIGADIER2JCS]

Should the letter also refer to the lack of definitive evidence that a judgement was even obtained?

 

Covered in the last para. Sem.

[yorkshirecagger]

Here goes, the screen notes are quite long but ive condensed it here

 

24/12/12 – Merit File received Box 26

11/03/13 – Received a call from xxx said they received the letter but been in property for 3 years and O/C never lived there, said property is housing new build.

11/03/13 – Issue to new address (correct one)

03/04/13 – Customer has sent “copy” of ltr sent to Merit dated 29.12 wuth a data SAR stating not responded to and do not harass! Looks like using all delaying tactics as various lts on merit file including statute barred letter

03/04/13 – Personal ltr to OC req Immed Props and stop delaying

17/04/13 – Ltr from OC states all corresp with Merit was sent recdel and he always recs assistance with writing ltrs from his partner/family and CAB. Says if we do not stop contacting him he will make a formal complaint to the FOS and others !!!

17/04/13 – Ltr to OC with COA SOA Copy judgement claim and out complaints proc adv him will be passing to solicitors if not dealt with amicably

13/06/13 – GB Search lists mobile number as (correct one) at C/F Add, for O/C TELE Mobile L/MESS TTO. Also L/Line Number listed OOS (Correct one)

14/06/13 – Borrower called office he said he will not S/W TBI on phone anymore and if we want to correspond then all must be in writing.

 

 

18/06/13

 

CHIVERS NOTES

11/07/2000 – Papers to tracing agent

01/09/2000 – Tracing agent instructed

10/10/2000 – Seven day LBA

20/10/2000 – Default claim generated for CCBC

23/10/2000 – Summons issued on 23/10/2000

23/10/2000 – JMT available on 09/11/2000

23/10/2000 – Summons issued on 23/10/2000

23/10/2000 – Default claim regenerated : for CCBC

27/10/2000 - Default claim regenerated : for CCBC

09/11/2000 – JMT requested

09/11/2000 – JMT to be paid forthwith

09/11/2000 – request for judgement (CCBC)

09/11/2000 – Request for judgement generated

09/11/2000 – JMT entered for 13/10/2000

15/11/2000 – Attachment of earnings search

15/11/2000 – Request for judgement (CCBC) reversed

15/11/2000 – JMT requested

15/11/2000 – JMT to be paid forthwith

15/11/2000 – request for judgement (CCBC)

15/11/2000 – Request for judgement generated

15/11/2000 – JMT entered for 17/11/2000

28/11/2000 – Tracing agent instructed

05/01/2000 – Tracing agent instructed

20/02/2001 – Enforcement warning notice

26/02/2001 – Enforcement warning notice

14/03/2001 – Letter to DFT – threatening Bankruptcy

26/03/2001 – Tracing agent instructed

12/07/2001 – Transfer action to another county court

24/08/2001 – Tracing agent instructed

14/09/2001 – Letter to Client Unsuccessful trace

24/09/2001 – Case Closed (RUN) on 24/09/2001 by automatic processing

25/09/2001 – Case reopened on 25/09/2001

12/01/2004 – To Client with results of OCE

26/02/2004 – Case Closed (STOR) on 26/02/2004

Then it goes back to the later comments –

18/06/2013 – Issued in Northampton Bulk centre, xxxxxxx CCJ 17/11/00 £xxxx, trans to Yorkm, AOE issued Fee £50 OS Bal £xxxx

20/06/2013 – PJ Letter sent

02/07/2013 – Lt Recd from OC enclosing P/O for £10 asking for copies of everything … Passed to LB to respond.

[yorkshirecagger]

Brigadier ill post a few more screen shots with some interesting information on I can photo from what they sent give me 5 minutes and I will read the other post once ive attached and sent.

[sequenci]

Looks like they're going for an attachment of earnings order. You'll be able to highlight the delay when you receive the paperwork.

[yorkshirecagger]

I didnt find any other documents that were any better but interesting what you say Sequenci about Attachment of Earnings. To be sure here is a copy of the section saying about AOE (attached)

 

Brigadier, please confirm what you said should be still sent.

 

Regards

Edited July 31, 2013 by yorkshirecagger

[sequenci]

Brig's letter is good to go. What's entertaining is that their SAR actually demonstrates that no activity was undertaken to try and enforce the judgment or chase for payment in all those years. They have spectacularly shot themselves in the foot as you have documentary proof that they've rested on their laurels - as such the application for the AOE should be refused.

[yorkshirecagger]

Thanks Sequenci

I will send Brigadiers letter to them tomorrow, just one question for clarification.. What is attachment of earnings order and what will happen about that? I dont want them contacting my employer - Or will they have already done that?

Regards

[sequenci]

An attachment of earnings order is a court order which allows for payments to be directly deducted from your wages - your employers would of course be made aware of the judgment. What's important to bear in mind are two things:

 

a) their application can be challenged due to the time it's taken fro them to enforce - generally speaking anything over 6 years is usually rejected by the courts

b) where there is a legitimate AOE application, this can be suspended by a court order allowing you to make direct instalments to the creditor. So long as you stick to the arrangement the actual attachment would never go ahead. Given what you've said I'm not sure you need to be worrying about your employers too much at the moment.

[yorkshirecagger]

OK I will send the letter tomorrow (to let Brigadier check the other bits ive posted) and let you know what I get back from them

 

Thanks a lot for all your help guys

[dx100uk]

better you pdf your letters

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[BRIGADIER2JCS]

Ok sorry called away, send it as is, they are going to attempt to resurrect that old CCJ, which can oppose, personally I cannot see

a court allowing an AOE after all this time.

 

I would suggest checking with York CC to see exactly what the court ha received from NCCBCC.

[yorkshirecagger]

Thanks again, one the request to York CC to see what has been sent from the other court and to find out about attachment of earnings request please can you tell me how I would contact them? Would I state the claim reference or would I write to them just with my name and request anything they have in my name?

[BRIGADIER2JCS]

Hi, The Claim No. The Name of the Claimant, your name and address should be enough, you can phone the court office, most are open 1000hrs to 1400 hrs Monday to Friday, or write to the Court Manager with the details.

[the tinkerman]

Hi All

 

been reading this with interest and speaking from experience from ICF Ltd to Merit Finance Ltd if their is a CCJ their is nothing at all to stop TBI going to court to resurrect such and be substituted as the new claimant as mine was after a 10 year period to but Merit took me back to court and the Judge stated that regardless of the length of time it has taken Merit to take this matter back to court and to be substituted as the new claimant as the original CCJ was still in the old claimants name his words were

 

"THAT DOES NOT DETRACT FROM FACT THAT I STILL OWE THE MONEY" and had no problem at all in granting them the substitution and a CO to boot and believe me I fought tooth and nail quoting all laws available to me regarding this issue and spent month upon month building what I thought was a concrete defense but all fell on deaf ears in court and just to add insult to injury I then also got hammered with costs.

 

What appears to be the Law and the Judges interpretation of the law are two completely animals hence the saying the law is an ass, just speaking from own experience, plenty people on this site said i just got a bad judge but I replied to that by saying "show me one thread on this site that has challenged these issues about length of time given to resurrect a CCJ and to be substituted as the new claimant, whom have been to court and won" and I am still awaiting a reply ( that was about a year ago) all I am saying is please tread carefully.

Edited July 31, 2013 by the tinkerman

[yorkshirecagger]

OK thanks for that Tinkerman.

 

I can afford to pay for some specific legal advice and representation and think it would be worth it at this stage knowing what I know based on their feedback in SAR re earnings attachment etc.

 

Can someone recommend a firm to approach for this either that or please give me some certainty based on what has just been said. I need to be a few steps ahead on this.

[BRIGADIER2JCS]

Send the letter drafted, then check the court it will now mean that this will have to go to a hearing we need to see exactly what they come up with it is difficult to speculate on what may transpire.

[yorkshirecagger]

OK I will send the letter.

 

What amazes me is how it sounds like the county court works!

 

I find it amazing to think that I could be taken to court for something with out a notification from anyone at TBI or from the court and not given a date of a hearing to be given the option of providing legal representation to make sure things are dealt with fairly on the day - as has been said the judges interpretation is what counts so without representation to sway their thinking its completely one sided!!

[BRIGADIER2JCS]

If you had no prior knowledge of the original claim it would be useful fighting this proposed AOE.

 

The County Court system is in my opinion the fairest civil law court probably in the world.

[the tinkerman]

I contacted a couple of solicitors over my case and basically after discussing it with them both I was told that the claimant had a case, One would not take it on and the other quoted wait for it £21,000 to take my case so went it alone and as I stated ended up with a CO and substantial costs against me,will be watching this thread with interest, please let me know how you get on and good luck hope you have a better outcome than I did.

Edited July 31, 2013 by the tinkerman

[ims21]

Sorry tinkerman...have edited your post as we don't permit the names of these companies to be promoted on CAG.

[citizenB]

Citizens Advice Bureau might have a list of Solicitors in your area that might still have the half hour reduced fee system.

[BRIGADIER2JCS]

Sorry tinkerman...have edited your post as we don't permit the names of these companies to be promoted on CAG.

Thank you ims!

[yorkshirecagger]

Thanks

 

I had no prior knowledge of any CCJ at all until 2010 when I heard from Merit. Because they claimed it was 10 years old I didn't worry about it and sent the letters mentioned early in the post.

 

I will go to CAB and discuss with them showing them this thread as detail.

[BRIGADIER2JCS]

Still send the letter, it will let them know you are aware of these tactics.