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unknown CCJ - Capquest re Lloyd Card debt - interim CO Court on Friday HELP


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Hi

 

A couple of years ago I suddenly received a CCJ against me with no warning,

seems it was granted in absentia.

I knew nothing about it until it had already happened.

 

 

I had no idea what this debt was so contacted the court,

they gave me the contact I co they had and said they couldn't tell me what it pertained to.

 

 

I contacted the solicitors who had obtained it and they weren't able to give me the information immediately

but said they would send it to me within 14 days.

I gave them six weeks but having heard nothing,

 

 

I contacted them again saying I had no idea what the debt was

and if I'd ever actually owed it and that they hadn't sent me proof of debt.

I was told again they would send me info

- they didn't.

 

I admit I had forgotten all about it due to life getting busy in the interim.

 

Cut to Spring of this year and the company get an interim charging order on my house, which again I knew nothing about until the court papers arrive.

 

 

Thanks to advice I got the hearing reallocated to my local court

as I realised this might be my chance to actually find out what this debt was finally for.

 

 

Arriving at the court their solicitor approached me and wanted to

"chat to see if we can iron this whole thing out".

Very friendly and charming if a little smarmy.

 

 

I politely decline saying I will wait until it goes before the judge

at which point she says that as we will only get ten minutes we might as well talk. Ow.

I declined again and then she changed and was quite aggressive saying

"sort yourself but the judge won't be happy"

 

into court we go,

judge is surprised I'm not with a legal person myself.

It I explain I'm low income and he seems quite sympathetic.

He lets their solicitor go first and she says she wants the interim charging order to be fixed in place.

 

 

Judge then asks me what I am here for I say

"it's to try and find out what this debt actually is

as even though I have kept asking no one has ever told me

and the CCJ was granted without me ever knowing about it

so I couldn't even dispute it prior to the court case for that.

 

 

The judge is surprised and turns to the solicitor for clarification.

She looks baffled,

looks through her paperwork and now put out says she doesn't have any details of the original debt.

Judge isn't impressed with her and says he feels that this Information

should have been provided to me as requested over a year ago.

She days she will have to revert to her clients.

 

 

the judge says he will keep the interim order in place but is putting a hold on things

until the company provide him and I with the debt details.

 

 

Solicitor isn't happy and starts talking about costs,

Judge is annoyed and says we aren't at the point of being able to allocate costs as yet.

She then says she doesn't understand why the judge is going against the order or the CCJ

at which point he is very brusque with her and says he HAS left the interim order in place

but that he feels We don't have the full picture and he requires the additional info before going further.

 

He gave me a very pleasant smile and told me to get legal advice before the next hearing.

 

The new date is for this Friday and guess what?

 

 

The solicitors have written to the court and I to say they are unable to provide details of the original debt .

 

So what should I do on Friday?

 

 

 

 

I have to fight this but what do I say or ask for?

 

Sorry for long post.

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:oops:come here late why don't you....

 

why cant you go up on your credit file

or on the trustonline site

and get the CCJ number

then phone northants bulk

and ask for details from the CCJ

and even request a copy.

 

its not that cabot CCJ you have is it?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:oops:come here late why don't you....

 

why cant you go up on your credit file

or on the trustonline site

and get the CCJ number

then phone northants bulk

and ask for details from the CCJ

and even request a copy.

 

its not that cabot CCJ you have is it?

 

dx

 

Yes, that is all you need to do. The CCJ will have been dealt by the Northampton county court bulk centre who deal with all the admin for claims made online. They will provide you with the particulars of claim and the address the court claim was sent to.

 

You can apply to the court for the CCJ to be set aside, if there are issues about the debt you can raise.

We could do with some help from you.

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Northampton county court telephone number 0300 123 1056

We could do with some help from you.

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:oops:come here late why don't you....

 

why cant you go up on your credit file

or on the trustonline site

and get the CCJ number

then phone northants bulk

and ask for details from the CCJ

and even request a copy.

 

its not that cabot CCJ you have is it?

 

dx

 

Sorry I'm so near court date but my child has glandular fever and things have been a bit dicey here for the past three weeks. I will go and look I to the things you mention and report back.

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hey no bother

these things happen

lets get you moving

though ofcourse I fail to see why you have to do the claimants job:lol:

 

but for armed is better than nothing.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It is possible that this was the CCJ from Capquest which I knew nothing about at the time.

 

 

They got a CCJ against me late in 2013 and that is the only one that shows on my file.

 

 

But as I have never seen any documents on this current thing apart from the solicitors letters I haven't a clue.

 

 

As their solicitors have written to me recently they haven't a clue what this pertains to either!

 

Either way if any company had said they were going to court to obtain a CCJ

 

 

I would have tried to resolve it at the time but I wasn't informed til judgement was obtained.

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Seeing that the solicitors cannot provide any details or evidence of this debt, go to the court hearing on Friday and ask the judge to dismiss the interim charging order and that the Court order provides that there be no order as to costs on the Claimant’s application.

 

 

ibberty bibberty

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Do I have to submit any forms to do that, or do I just turn up and ask for him to dismiss it?

 

 

What about the original CCJ would that still stand and would I have to pay that even though I'm not sure what it's for still?

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The Court is only dealing with the issue on the interim charging order application and whether or not it would be justified in making the charge a final one.

 

It appears that the Claimant is unable to provide evidence to justify the Court making a final charge.

 

Therefore, simply take with you whatever documents you had at the interim charging order hearing

and tell the judge there has been no change in the matter since that hearing,

save that the Claimant has now admitted that he is unable to provide the Court with the requisite evidence

to support his application and therefore you respectfully request that the same is dismissed without costs.

 

As regards the existing ccj against you, this is separate issue and until such time that you apply and succeed to have the ccj set aside, it will remain.

 

ibberty bibberty

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Got home yesterday to find a letter from the solicitors saying they do not have any of the original paperwork

as they took over the case late last year but providing a claim number.

 

 

Looking at this it seems the CCJ was from a dca.

 

 

So I imagine this now changes what happens today?

 

 

I still don't know if I owed this money but if I did and had known about the CCJ at the time

I would have surely had an opportunity to agree a repayment plan rather than it getting to this point?

 

What do I say/do today?

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Explain you have never received anything about this until x letter arrived recently ,

the claimants Solicitors do not have any details to provide

and you are wondering how a court could possibly decide anything based on both sides not being in possession of all information.

 

 

Ask why any charge should be maintained on the property when neither the claimant

or their Solicitors have any information to provide you or the court to base any discussion.

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

 

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Thank you.

 

I will ask for the interim order to be dismissed without costs?

 

Then as there is still a CCJ

do I ask for anything to do with that

or do I ask for a stay while I try to gather further info on the whole situation?

 

I'd like this at at end altogether but I'm not sure that will happen.

 

I don't know that I even owe the original creditor or what exactly this pertains to.

 

 

But had I been alerted to the CCJ hearing before that happened

I would have had more options back then surely?

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You can say that you are very willing to enter into a payment arrangement with the claimants Solicitors

, if they can furnish you with full details of the claim

. It is just not having received the court claim

or judgement details you were never in receipt of information to deal with it.

 

So yes guess you ask for the interim charge to be dismissed without costs,

the CCJ still exists and it then allows you to arrange payment with the claimant

once they have supplied the information.

 

 

Not sure whether you ask for a stay or whether this would do anything,

if the interim charging order is removed.

We could do with some help from you.

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Anything in connection to the judgment must be dealt with separate...on application at a further hearing..

 

Regards

 

Andy

We could do with some help from you.

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Well that was a disaster I think.

 

Judge was a. Different one to first hearing.

He let their solicitor state first that they have been unable to unearth anything further except the CCJ number.

Judge called a recess and went to look for the CCJ.

 

 

Called us back in after a few minutes to say he had it (passing us each a copy).

He asked their solicitor how he (Judge) had been able to source that within minutes and they could not.

Solicitor said because it is done electronically so there probably wasn't ever a paper copy.

The Judge went on to say that this is probably why I never received the original claim as it was sent from a 'build clearing centre'?

 

The solicitor said this was uncommon but the Judge argued with him that he often opened case files

to find original docs that should have been sent out still sitting there

and clearly believes me when I said I had never heard about this claim until judgement by default notice was sent to me.

 

 

They argued a bit between them which went straight over my head and made me feel at rather a disadvantage.

The judge seemed unhappy about 'something' on the original claim,

as it said the debt had been assigned but he felt incorrectly stated.

 

The solicitor argued that the space is very small (100 characters or something?)

but the Judge said it was incorrectly completed and actually there was a way it should have been done correctly.

 

 

When the solicitor made to argue the Judge changed tactics and said that wasn't the reason we were there today

and that was a discussion for another day.

 

 

He asked me if I now recognised the debt and I (honestly) said although I now know the company,

I have no idea what the debt still is but will now go off and seek to find out.

 

The Judge said it looks likely a credit card or HP/credit agreement.

 

So he said he would hold the case for two weeks whilst I decide what I am to do.

Either we come back I accept the debt is mine and the charging order becomes final

or I can ask for the CCJ to be whatevered if I feel I need to argue over that.

I didn't get an opportunity to speak at all.

 

 

Then their solicitors said about costs and the Judge said nothing would be decided on those yet

as we were now going to a third ten minute hearing and he wasn't sure as yet who should pay them.

The solicitor said "to save the courts time I would respectfully request we just end this now and fix th charging order"

but the judge said

"No because I'm not sure yet which way this will end and not sure who is liable"

 

So does this mean because of their arguing, if their side win I'll be liable for extra costs

just because the company couldn't supply me with details any sooner?

That isn't fair is it?

 

The judge ended by saying I only have two weeks so will have to act quickly to obtain all the details of the original debt and decide what I want to do.

 

He said I 'might' have a case to have the CCJ dismissed but a judge could argue I should have dealt with this at the time of the judgement (2 years ago)

I tried to point out I have phoned the court at the time (he agreed with this as the phone call was on file)

and understands the solicitors should have given me these details then,

which they kept promising to do two years ago but never did)

but he isn't sure if that would be enough of an argument.

 

What the heck do I do now?

Edited by Andyorch
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so you now know the details of the debt and have a copy of the CCJ?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes. As yet I've not be able to contact the original company to query the reference number from the ccj to find out exactly what it is though.

 

 

I'll do that on Tuesday but should I be sending a SAR would that take too long ?

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SAr might take too long yes

but I firmly believe you need to start the process now.

 

 

the judge seems quite reasonable

an I'm sure will not 'punish' you for taking the SAR route

even with its elongated time frame.

 

 

you have been instructed to research the debt

and even been given the hint that theres something a miss.

 

 

to enable all the wartsto be discovered, an sar is a must.

 

 

can you scan the CCJ up?

follow uoload guide

 

 

and start naming names.

 

 

who you are battling with is of as much importance to us

and the background info on the debt.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 5 weeks later...
SAr might take too long yes

but I firmly believe you need to start the process now.

 

the judge seems quite reasonable

an I'm sure will not 'punish' you for taking the SAR route

even with its elongated time frame.

 

you have been instructed to research the debt

and even been given the hint that theres something a miss.

 

to enable all the wartsto be discovered, an sar is a must.

 

can you scan the CCJ up?

follow uoload guide

 

and start naming names.

 

who you are battling with is of as much importance to us

and the background info on the debt.

 

dx

 

Due to a child's ongoing illness I haven't been able to update until now

as it stands this is what I know so far.

It appears to be an old Lloyds credit card from a period dates back to some serious financial difficulties we had around 2007.

 

 

Now I am armed with the 'who'

I found From my credit report it look is as though they defaulted me on it at one point then sold it on to a DCA

who seem to have defaulted on it a second time or at least a default is registered by Caquest as well.

Is that how this would normally be done?

 

I have sent a SAR but nothing back yet and I now have a court date for this week again.

 

Last court date I didn't get any opportunity to speak which I felt was unacceptable

as the judge and their solicitor just argued language between them.

 

 

I would like to say that I am still researching further into the background of this

as there may be charges having been added to the original debt I knew nothing about.

 

 

my main point is that had I been aware they were taking me to court originally

I would have either attended or spoken to the DCA prior to court to ask if or further details of the debt.

 

 

At that point the DCA (as we've seen) wouldn't have been able to provide any immediately,

thus staving off the original ccj until details could have been provided.

 

 

If and when they would have been able to put me in the picture I would have SAR them,

check all was accurate and if so asked to arrange a repayment plan.

 

 

It would only have been a small amount every month but I would happily have done so.

Would a judge have looked favourably in that scenario?

 

Can I go to court this week and say this and ask that the charging order be removed

to allow me to go back a step and try to arrange a repayment plan with the company as I would have at the original ccj hearing?

 

Or should I be approaching this from a different angle.

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As the law changed in 2012 a creditor could still apply for a charging order if you have a repayment plan in place (and up to date).

So I don't see how your suggested strategy could realistically be successful.

 

As for charges added I take your point nobody wants to be paying made up extras to theses lowlifes.

However would it actually be beneficial to you to have the co dismissed (somehow)

to save potentially £xx to have them apply for another co costing £xxx in costs?

 

The above scenario should never happen as it would be contrary to the overriding objective,

I'm using it to illustrate that often people get tunnel vision and miss the big picture.

 

 

It just might be time to think about trying to cut your losses,

the costs you have incurred so far have yet to be allocated (or split) between parties

the judge maybe more favorable to you on costs if you don't go in with essentially a hopeless argument.

 

I realize this is not what you want to hear and I would welcome anyone who could see a way around this for you.

 

 

Just don't be sucked into trying to take the high moral ground on this a civil court

isn't bothered about such niceties its all a percentage game sadly.

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when did you take the card out.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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CCA request time then

 

 

they'll need to signed agreement if you were to set this CCJ aside

 

 

looks like they did it by the backdoor if what the first judge said was correct

 

 

they never sent out a copy of the claimform in the first place

perfect set aside reason.

 

 

could that help blow the whole thing out the water

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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