Has anyone submitted a Notory Public Certificate of Service & won in a Court viz Credit Card Debt?

[Cumbria]

Hi everyone,

 

years ago I served the usual letters of request,

Affidavit,

Notice of Fault

and Estoppel on Marbles credit card.

 

I then obtained from [EDIT} a Notorial Certificate of Service.

 

Years on,

 

Lowells are now taking me to court over the debt.

 

Has anyone been successful in court with this type of submission and with a Notorial Service please....

 

or is this not worth the paper written on?

 

Any advice would be gratefully received.

[citizenB]

Responding to private message. I will send out some S.O.S for you.

 

I don't quite understand "Notorial Certificate of Service"

 

Was this a personal service of a Statutory Demand or a claim issued via the County Court. We need to know if this is a Stat Demand or a MCOL Claim.

 

If you are able to remove personal information, could you please scan and pop this document on your thread ?

[Cumbria]

These are the template letters viz Bills of Exchange Act that I sent out ending in an Estoppel - they are lengthy.

 

After this I followed it up with a genuine Notory Public, {EDIT}, who served the papers again

a) letter of request,

2 affidavit,

3) Notice of Fault,

4) notice of default and finally

5) the Notary sent a Notice requiring a response under a notarial seal in 2010.

 

This was followed up with a Notary's Certificate of Service and Non or Inadequate Response to Marbles in March 2010.

This debt was bought from Marbles and subsequently bought by Lowells Financial.

 

What I don't know and guess this sounds stupid - is will this all stand up?

 

I've got a Form from Northants CC ..... the main administration of the courts I believe.

[citizenB]

Ah righto, it was you that had this guy serve on Lowells (or whoever).. not the other way round.

 

Ok, well can you please let me know, what the date of issue on the Claim form from Northampton is (you have a timeline to adhere to) which is..

 

Date of Issue (top right hand side of the claim form under the claim reference) + 5 days for service = ?? + 14 days to acknowledge service = ?? + 14 days to submit defence = ??

 

TBH, from what you have described, I rather suspect that you might have wasted your money in having this solicitor serve what appears to be Freedom of the Land processes.

 

In order to advise fully, we would need other information in respect of the debt itself.

 

When did you enter into the agreement - when was it assigned/sold to Lowells.

 

Did you receive a Default Notice and did it allow you the statutory 14 days to remedy the breach.

 

Why did it go into default.

 

When was the last payment made to the account.

 

On what basis did you claim estoppel ? I think this is only relevant if a claim is made and you had an arrangement to pay with the original creditor.

Edited November 10, 2013 by citizenB

[citizenB]

I have also relocated you to the Financial Legal issues forums. This is purely administrative and you do not have to do anything

[Cumbria]

Date on papers is 7th November. I received it yesterday, Sat. 9th November. The papers say I have 14 days to respond, but another if I wish to defend.

 

Yes, it is the Freedom of the Land process -- like most I got sucked in here I believe.

 

The debt was with Marbles, who sold it to SAV, who used Lowells as the Agents, and apparently subsequently purchased it ... I have no record of Lowells purchasing this debt until I got the Court papers, Honestly. Credit Card. Problems with my business at the start of the recession and now surviving but bumping along the floor of survival...... enough to keep me going but .... I'm on working tax credit now. Up to the 5th Year of default - and no I didn't question the default process - too busy trying to keep warm, fed and alive. I live alone and am about 6 years off retirement. The estoppel was part of the Freedom process.

 

Two other things for you to consider as an aside to the above thats occurred during the process.

 

1) A few years back I asked Lowells for a CCA - I never received the papers (genuinely) they claimed I did. A friend of a friend who is a solicitor in data protection, helped out by writing back to Lowells who then ensued a row over this - the upshot was that from the original date of the CCA to the time they actually sent the papers to my Solicitor about three months had elapsed. The papers did not include the contract. My Solicitor backed off and disinterested in helping freebees but got me that far. I then wrote to Lowells and said the account was unenforceable because they hadn't sent the contract. I have an email (all paperwork was by email) from my Solicitor confirming the Contract wasn't in the documents ..... not sure if this is evidence and look to you guys for assistance here.

 

2) Lowells (then on behalf of SAV) in one of their nastier moments wrote to my sister who was joint guardian of my mother's then bank account with myself.... this caused a major upset in the famiy as you can expect ... they said they were with in their rights to do this because it was on my records, yet

they knew precisely where I was living..... again I'm not sure whether this is evidential.

 

 

Help ... I'm drowning.... never done this before xxxx

[citizenB]

Ok, your timeline is..

 

Date of issue 7 November + 5 days for service = 12 November + 14 days to acknowledge claim = 26 November + 14 days to submit defence = 9th December.

 

You will need to use CPR 31.14 to obtain documents that are mentioned in the claim form. I have linked you to the draft below. It needs to be sent to the Solicitor named on the claim form and you should use Recorded delivery if possible.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

I suspect you will need to request copies of the agreement - default notice - Notice of Assignment - statement of account showing how the amount claimed has accrued.

 

If you are going to defend this, then you MUST acknowledge the claim by 26th November, that way you get the extra 14 days.