Jump to content

 

BankFodder BankFodder


andyep

MEIII ccj 2days short of 6yrs old - now got AEO letter / subst of claimant YB Credit card

style="text-align:center;"> Please note that this topic has not had any new posts for the last 803 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi and thanks in advance for any time and help .

 

Been meaning to post for a while ,

 

a letter that arrived yesterday (29/9/15) has spurred me on ,

 

My wife a number of years ago had run up a £10k Yorkshire bank visa card debt.

 

When I looked into it earlier this year when she told me about the debt

it seems (according to noddle) she received a CCJ dated on her credit report on the 1/10/09.

 

The letter that arrived yesterday from the county court is titled a "general form of judgment or order" and goes on to say

 

," It is ordered that ME III limited be substituted as the claimant in this claim" , the letter is dated 28/9/15 .

 

Am I right in believing this letters arrival has stopped the debt becoming statute barred by two days ,

 

also as far I am aware there hasnt been any PPI on the debt (not 100% sure) but I am sure there are some hefty charges .

 

And so whats the best way to move forward in this sticky situation

 

.She doesnt really earn that much to even attempt to clear the debt over a number of years so I would have to seriously help .

 

It really affected her nerves hiding it from me for so long and the latest letters arrival may start her off again .

 

Thanks for reading , Andy.

Edited by citizenB
spacing

Share this post


Link to post
Share on other sites

Did your wife submit a defence on the original judgment ?

 

You would need to send a Subject Access Request to the original creditor to establish the level of charges and it would be to them that you would submit a claim for the refund. Well not a refund as such because if they did agree that they were incorrectly placed, then that would come off the debt.

 

 

As far as the Judgment itself, these never become statute barred - just difficult to collect if they have not been pursued for the length of time you have advised, which is just short of 6 years.

 

What appears to have happened is that the debt has been sold on from the original claimant and the company has applied to the court to be replaced in order to pursue.

 

I would have thought though that as the Judgment is so old, not only would they need to replace themselves as claimant, but that they would need to give a reason why they feel they can pursue after such a long time.

 

I will try and find someone who will be able to advise further.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

What else does the order say. Bar subst of melll

 

Dx


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

 

Share this post


Link to post
Share on other sites

Thanks guys .

 

Letter says

General Form of Judgement or Order in the county court at xxxxxxx

Claim number xxxxxx

Date 28/9/15

 

ME III ltd 1st Claimant

Ref xxxxxxxxx

Wifes Name 1st Defendant

 

Before district judge xxxx sitting at the county court at xxxxxxx then a local address

 

It Is Ordered That

 

1.ME III ltd be substituted as the claimant in this claim.

 

2.This order has been made by the court under CPR 23.9 as the court has disposed of an application without a hearing and without service.

 

Any party may apply to have this order set aside or varied within 7 days of the date of service of this order on that party.

 

Dated 9 september 2015.

Share this post


Link to post
Share on other sites

The substituted party may well now seek to enforce the CCJ against your wife.

 

The enforcement action could be brought by one of two ways, the Claimant may serve a statutory demand on your wife or he might seek a charging order against your property (if you are home-owners).

 

You should check and double check all your own records of this debt in order to try and establish if there was any PPI on the agreement and if any default notice served was a valid one.

 

Have a proper look into it and post back your findings (if any), in the meantime, if either of the above stated actions are commenced, post back here without delay for advice, guidance, help and support as regards how to deal with the same.

 

Kind regards

 

The Mould

Share this post


Link to post
Share on other sites
They can change the name....just can't enforce it without permission of the court....this has no bearing on the statue of limitations .

 

 

As I thought, they would need to seek the permission of the court.

 

In a few days, check Trust online to see if it is still being reported. After 6 years from the date of the judgment, it shouldn't be.

 

http://www.trustonline.org.uk/


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
As I thought, they would need to seek the permission of the court.

 

In a few days, check Trust online to see if it is still being reported. After 6 years from the date of the judgment, it shouldn't be.

 

Just about to try trust online , I presume I search section 1 England and Wales for ccj's .

Thanks.

Share this post


Link to post
Share on other sites
As I thought, they would need to seek the permission of the court.

 

In a few days, check Trust online to see if it is still being reported. After 6 years from the date of the judgment, it shouldn't be.

 

Just checked trustonline and it shows nothing reported but my wifes noddle credit report still shows the ccj , whats the difference ? thanks Andy .

Share this post


Link to post
Share on other sites

Update time not run yet?


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

 

Share this post


Link to post
Share on other sites

Hi guys and girls ,

Again thanks for your time and knowledge ,

 

my wife has received another letter,

unfortunately she has ripped it up before I could look at it.

 

She says it said after a ccj dated last month they are now about to apply for an attachment of earnings order ,

 

is this scare tactics or can they do that.

 

I have checked her noddle credit report and nothing has changed.

 

Thanks again Andy.

Share this post


Link to post
Share on other sites

if MEIII are now the claimant yes they can you need to act on this


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

 

Share this post


Link to post
Share on other sites

Thanks dx100uk ,

Not got a clue what to do , where do I start , how do I act on this , thanks Andy.

Share this post


Link to post
Share on other sites

You will know if they do make application....you will receive a form N56..it is imperative that you either complete it or suspend it within 8 days of receipt...you can be held in contempt of court for failure to comply and even receive a custodial sentence.

 

Regards

 

Andy


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Should I just wait for this form (N56) to arrive or is there something I could do before it arrives ?

Thanks Andy.

Share this post


Link to post
Share on other sites

Based upon some legal advice I received recently, an attachment of earnings order cannot happen if the CCJ was issued by default so there were no repayment conditions set at the time.

Share this post


Link to post
Share on other sites

what cornflake packet did that come off?


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

 

Share this post


Link to post
Share on other sites

No court can set repayment conditions when they have no idea of the

debtors income. I took the advice from a legal advice service NOT from a corn flake packet OK.

 

I find your comment most insulting.

Share this post


Link to post
Share on other sites

The court sets the repayment on receipt of the n56 which is mandatoiry by the debtor.

The court sets the aoe based on the information on it.

The debtor can seek a suspended aoe.

 

I would not be following the legal advice chief,

as the next thing you know arrest for non compliance with the n56.

Share this post


Link to post
Share on other sites

What is N56 if you don't mind me asking. I have a CCJ and a charge order but have never heard of or ever seen an N56 form.

Share this post


Link to post
Share on other sites
What is N56 if you don't mind me asking. I have a CCJ and a charge order but have never heard of or ever seen an N56 form.

 

Its an attachment of earnings order....a means of executing the judgment as the debtor failed to pay the judgment.


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Hi All ,

my wife received a letter today from Mortimer clarke solicitors stating there client obtained a judgement against her on the XX/XX/09 and that they were now instructed to apply to the county court for an attachment of earnings order.

 

The original debt was a Yorkshire bank credit card that was taken out in 1995 ,

we ran into financial problems around 2008/9 and we ignored the debt and stopped paying the debt around the same time,

 

the balance on the letter is showing just over £12k.

 

We have received a few letters over the years but nothing from a Court and with nothing showing on her credit report(noddle) ,

am I right in presuming this is SB'd and not to contact them ?

 

Thanks Andy.

Share this post


Link to post
Share on other sites

If you haven't made a payment since 2009 then it should definitely be statute barred, send them our SB letter (in the library) and it's a good idea to send it recorded delivery so they have to sign for it.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

if they are claiming they have a CCJ then it cant be statute barred..

 

however, they've had 6yrs to enforce the judgement

they have not done so...

its extremely rare for a court to allow enforcement outside of 6yrs.

 

dx


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

 

Share this post


Link to post
Share on other sites

old and new threads merged andyEP

so she never did get an N56 ?

 

dx


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

 

Share this post


Link to post
Share on other sites

Thanks dx100uk

,never received an N56 ,

and nothing showing on noddle ,

 

and reading back through the thread(which I had forgot about) it seems when I checked trustonline back then nothing was showing ?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...