Jump to content

 

BankFodder BankFodder


Hopeful15

ccj sold, writ stayed as no right of enforcement

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1476 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

I recently attended a court hearing to get a writ stayed

as it was enforced by a company who claimed to have purchased the debt July 15,

however as they are not recognised on the original claim

 

the judge told them they have no legal stake on the ccj.

I am aware the claimant was used in name only and the 3rd party have been involved from the start.

 

I would like if possible to know what action if any can I do

to stop them now applying to court to have the claimant details changed.

 

As i have a claim for illegal eviction,

unlawful entry of property,

removal if property

to submit against claimant

i do not want the ccj to change details.

They are aware I have this claim to submit.

 

for info;

claimant never once attended court

 

claimant still wont respond to any correspondence i send

 

the deed of assignment was alledgedly done in July 15 and sent to me in Sept 15

 

No notice sent from claimant to confirm debt sold - even after I have written to the claimant to confirm.

 

payments sent to claimant that the 3rd is now asking for proof of so they can consider whether to reduce the balance.

 

threatening interest when no interest awarded on claim.

Share this post


Link to post
Share on other sites

Hopeful, I have moved your thread to General Legal forum where you should attract more attention and advice. I will also alert others on the site team for you.

 

However, they will very likely require more information.

 

Can you please provide a little more information. Is this a repossession issue or a credit debt.


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

How did they ever get a judgement against you, if they supplied no evidence and didn't attend court?

 

It sounds to me as if maybe you didn't respond to the claim and a judgement was obtained in default. Is this possible?


Share this post


Link to post
Share on other sites

tell us more and name names please

 

 

this sounds like fun.

 

 

dx


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

 

Share this post


Link to post
Share on other sites

evening sorry for delay in logging on today to check the thread.

 

 

I will give as much detail as possible in this account of events to give you all an idea of the fuller picture.

If possible further advise needed for next course of action I propose to take.

 

Shall be back on later to post the full info just need to check through it.

 

Bankfodder

- The 1st judgement was obtained in default (also enforced illegally, then luckily set aside)

but the default was not due to me failing to reply,

when you read the full story it will all be clear.

 

This isnt a credit issue it relates to a property I previously rented in May 2012 - August 2013 that was in need of dire repairs

all the correspondence I sent was ignored.

 

 

It took the intervention of the H&S Executive to get a copy of the gas certificate that I had been chasing the landlord for but was ignored.

 

 

I had to deal with bailiffs on more than one occassion early morning looking for the owner as he was on bail,

bailed at the address where I was the tenant.

 

 

The property was unlawfully entered, goods removed, and an illegal eviction took place.

I was Verbally abused on the front path of the property by the ownner of the property agents involved at the time

who arrived more than once unannounced,

they also l emailed me with lies over bailiffs being appointed to remove me and my children from the property.

 

 

Telling me not to hide from them as they will place eviction notices of the property windows and doors and use force if required.

 

Back on in a bit

Share this post


Link to post
Share on other sites

I rented a property in May 12 at first the property was ok, then it soon became apparent all was not as it seemed. There was sufficient cause for concern with the condensation, draft and cracks emerging over doorways.

 

I began to contact the landlord through the agents. I never once received a reply nor an acknowledgememt.* Coming close to 4 mths in the tenancy my financial* circumstances changed and rent arrears began to build. I had applied already to be rehoused but the agents were not providing the reference requests to enable me to be accepted on to the housing list. However they did send the reference once the arrears began ensuring I would not be accepted and would require housing options to intervene and accept my application on the grounds that I can not afford the current rent.

 

The landlord through the agents had issued a section 21 although very suspect plus they never took any further action once the notice had expired.

 

In July 13 I eventually secured a new property and gave the landlord via the agents the required notice period which was one month and the new address I would be moving to, this meant my tenancy would expire mid August 13. At the end of July 13 I began to* move however I was trying to not disrupt the kids to much.The first night we stayed at the new property the nice neighbours (not) at old house whom I thought were good people* must have informed the landlord ( since found out relatives) our intentions, as upon my return to the property it had been stripped bare, all gone.

 

I notified the police who advised me to contact agents to ask landlord had he been to property. As there was no forced entry access must have been with keys. Agents denied anybody had keys apart from me and would not discuss anything with me. In the meantime a third party was preparing court papers for rent arrears supposidly on behalf of landlord.

 

1st August the landlord took possession of the property prior to my notice period expiring thus not allowing me further access to the property to collect some items that remained. Once the house was back with landlord the court papers were sent, however in deliberately addressing my old address to serve the papers although my new address was apparent I would not be aware of proceedings hence a judgement by default was sought.

 

The third party whom attended the hearing although not as an active party had stated in a letter to the court reasons for the claimant absence. The judgment was then used to stake a full claim to the deposit held as it could not be contested due to the judgement in place.

 

The third party then contacted me with the judgement details and a demand for payment. I informed them I would be applying to set aside. While I prepared the relevant docs the writ was enforced and sent to Marstons (-by 3rd party claiming to be acting for the claimant). Marstons arnt the nicest of high enforcement officers, therefore I had to pay them a token to get them away and get the writ stayed plus this was before the compliance fees were in effect.

 

I got the judgement set aside and also had a counterclaim* for disrepair, eviction and the removal of my property. I had to attend 4 different hearing and the claimant never attended once,* a story was given to the court that he was in and out of country on business (now I know a blatant lie and have done my homework on the landlord) the court ordered a disclosure of the claimant address as I had been ignored when I asked for it.

 

The agents attended to give evidence of the rent due and two statements from supposidly the claimant had been sumitted. Both completely different and signed differently. My downfall was not having a solicitor as I was still devasted by the loss of my possessions some of value mostly centimental from my memories etc that I really did not have clue what was going on and how this could be allowed to happen. I did not have a clue what the correct legal wording or references to refer to and use.

 

At the final hearing the judge agreed to reduce the arrears for disrepair but never dealt with the part I asked for damages. It was finally admitted that the landlord did have keys* (this was how possession of the property was taken back although access had been denied previously)* however as mostly sentimental value plus me not having a breakdown for other items with me the judge said he wasnt in a position to put a value on sentiment. Due to claimant's absence he could not find out where my belongings are now. The eviction was not dealt with.

 

I did however query the 82.00 paid to 3rd party alledgedly acting* for claimant via* Marstons but no record of this was on the agents ledger, this was when it was accidentially mentioned in panic due to the judge questions,* that the agent stated he would have to speak to the 3rd party (giving their name) as they were then asked who the 3rd party was it was remarked "the claimant, they purcahsed the debt" this was quickly retracted due to the judges reply "what". No interest was awarded as not claimed at the hearing and not on the order.* I was left with a balance to pay 2730.00 payable at 5.00 per week. I began paying send to the address disclosed to the court (turns out to be a chippy) and requested banking details to prevent postal order fees.

 

I have requested to know where my belongings* are,* no replies!

while im paying the claimant the 3rd party* is chasing me for payment on the claimants behalf, informing me all the payments collected are sent to the claimant ( mmm** not according to recent payments made). I told them i* pay the claimant direct so why are you involved, I made reference to what the agent had stated and how i believed they had acted dishonestly in issuing court procedures using a claimant in name only to secure a judgement then chase payments on this basis.

 

I heard nothing for a while then September 15 i received from the 3rd party only a deed of assigment and the details relating to the debt purchased for 10.00 plus will pay up to 1300.00 of the amount recovered to the claimant supposidly this was completed in July 15. They told me they now had the rights of the judgement as the deed states so and* no payments received. I did tell them only the named claimant can enforce and collect the writ, also as they have recently been in contact with claimant it would be in their interest to ask about the payments but they replied the purchasing was all done by email???*

 

i wrote to claimant for confirmation of sale and if so why sell ae debt you are receiving payments for??? still waiting for reply no confirmation that debt sold. I continued to pay claimant and still requests from 3rd party. received.

 

Then Marstons became involved again. I spoke with them directly and they confirmeed 3rd party enforced writ claiming they are acting for claimant. huh thought they claimed they own the.debt???* act fast applied for.a stay, temp one granted pending a hearing.

 

at the hearing no claimant but 3rd party with their proof of purchase , they believed the deed was proof of them now being claimants to the writ.

The judge informed them of how it is seen in law;

 

The claimant in the eyes of the court are the named claimants or legally appointed representatives from the start who are named on the court papers. Are you the stated claimants or legally appointed person.

Replies : NO

So you are not the stated claimant or representative so what reasons do you think would allow u to address the court today on this matter.

Replies; We are the new claimants as purchased the debt.

No you are not your purchasing in irrelevant.h

the question was raised, who instructed Marston's

Replied; we did

How did you instruct them

They gave a different version to wbat Marston told me and told the judge Marstons advised them they had the right to enforce the writ as they have the deed of assignment. However the judge said Marstons are not there to give you advice on these matters.

 

Writ Stayed!!!!

 

Outside the court room again I was pressured for payment. Then an email was* received telling me it would* be in my interest to agree payments now to prevent further costs added especially if they have to apply to have the claimants details changed on the writ (how can they pass this cost on to me) They state I have no prospect in winning any future applications.

 

They have now reduced the balance by the 82.00 previously paid via marstons (never passed on to the stated claimant as they are the claimants in the first instance).

 

If I send proof of what I claim to have paid direct they will consider the information.

No intsrest is currently being added but state they are perfectly within their rights to charge interest. how?

 

I have put it to them that the original debt was settled.by landlords insurance so no debt to the claimant was outstanding. This would be why the claimant hasnt attended any hearings.

They have purchased l ledger balance from the agents and this then what they pursue through the courts on the basis its the claimant who is issuing proceedings. (no response).

 

Furthemore after some research; I found out the claimant states two different nationalities it all depends on what document he is signing, under what capacity, must be to decide what is his name to be on the particular form and which signature to use.

Seems an unreliable shifty person, but it all shown on comanies house so in black and white . Defo been in this country while hearings took place so must be another explanation for not attending.

 

Longwinded I know but thers the facts!

 

Would i be able to set aside original claim?

ask for my counterclaim less the disepair be dealt with?

Would there be a any complaint i could bring against the 3rd party and possible Marstons?

Can they be prevented from having their names placed on the writ?

Edited by honeybee13
Paras.

Share this post


Link to post
Share on other sites

No alot more to it than not responding full account posted

Share this post


Link to post
Share on other sites

Can anyone advise if the application to change the name of claimants after the case has finished and judgement awarded can be done without any acknowledgement to the defendant.

 

 

Should the defendant be notified of the application and see the grounds on which the new claimants are applying.

 

The original claimant (on paper for proceeding purposes only) was an individual and has never once replied to correspondence from me and never attended any hearings.

 

 

The new substituted claimants are a company who were actually the original claimants but issued papers using another's details (this was admitted in court by the estate agent who was allowed to attend but only supposedly as a spectator but quickly retracted what was said).

 

 

I did actually have and still have dispute with the original person who was used as the original claimant.

 

The reason I need to know is;

 

The substituted claimants have been lying from the start and used underhanded tactics to secure a judgement and have illegally enforced the judgement twice both of which where stayed.

 

 

The last stay the judge informed the other party they had no right in enforcing the judgement that they are not party too.

 

The original debt was not a debt as an insurance premium was in place.

At the time I wasn't aware there was no debt as it was cleared through insurance.

 

 

The new claimants purchased a ledger balance and pursued this through courts .

The original claimant has yet to respond to a request to be notified if the debt has been sold for 10.00.

 

I have an unlawful eviction case to issue (a long with the removal and disposing of my possessions) this can't be disputed as it was admitted again by the agent in court during the hearing over rent arrears.

 

Who would I issue against as the new claimants are now legal owners taking all responsibility away from the first person.

 

 

They were aware of my impending proceedings to issue, therefore in changing the claimants details to there own through the court they can continue to pursue me.

 

 

However do they take full responsibility for the debt and the situation that it derived from, or not??

 

The judgement is relating to the rent, plus I have already been awarded a reduction in the rent for the disrepair.

 

A lot of questions remain unanswered as the original claimant seems to have disappeared as won't engage or never attended court.

I believe he has not and never has been involved in the proceedings.

 

The new claimants won't acknowledge the fact that they only have legal ownership since 2/2/16 therefore previous payments sent should be took in to account and if they claim are owed that has been paid previously they should contact previous claimant.

 

There was a question raised by me in court over 80.00 paid to Marston at the early stages.

There was no record of this being passed to the claimant,

however now the new claimants have stated in their letter they have taken in to account the payment sent to Marston.

 

 

They have however claimed in previous letters when they claiming to be acting on behalf of the claimant that they can assure me any payments made are passed to their client!!

 

 

Clearly as they were the real claimants they did indeed retain this payment made. This again is another point towards there underhanded actions and unlawful proceedings.

 

The court order stated 5.00 per week but new claimants have written stating they will discuss a repayment option but a realistic offer must be made.

 

Is there nothing I can do here to prove to the court the underhanded actions taken.

 

 

Issue my proceedings to regain what's mine and be compensated for the wrong doing that took place?

Share this post


Link to post
Share on other sites

You have to step back one process before change of judgement claimant name...that is assignment.Where there has been a valid assignment of a judgment debt under s.136 LPA and notice has been given, as required, to the debtor it is then necessary to apply to have the judgment claimants name amended before the assignee can enforce it.

 

Have you had notice of assignment?

 

Andy

 

Threads merged ..please do not ask the same question in different forums...one thread per issue please.


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

it appears as though you have been sued twice (or more) and are now suing one of the origianl plaintiffs. Is this correct? It also looks as though you didnt defend at least one of these claims and have gone to court to have that claim struck out and an amended claim has been entered.

with regard to payments, you pay the amount ordered by the court to the person named by the courts. If they want to change things then they go back to court to get a new order.

Share this post


Link to post
Share on other sites

I received by email in September 15 with a notice of assignment issued by the other party along with another typed document with the heading;

 

 

“This assignment is made between”

it states who is involved,

that the debt was sold for 10.00

and then has a sub heading

“This deed Is witness as follows” not a very well worded document either.

 

Apparently this was completed in July 15.

The address for the claimant is the same one I have used to send correspondence and payments to.

 

 

I never get a response from the claimant

I ask the new party how they managed to contact the claimant and they replied it was all done by email.

 

 

They decline to pass the email address on.

I have yet to receive confirmation from the claimant that this was legitimately done and have sent 2 letter asking him, but I know I won’t anyway as he was never actually involved in the matter from the start.

 

 

The application to substitute the claimant was submitted 29 January 16.

 

No twice by the same claimant

however the first time it was set aside due to the court papers being issued at the address I had been evicted from (unlawfully).

 

 

Naturally at the time i was unaware a default judgement was awarded against me

and on that basis i could not dispute the claim on the deposit.

 

 

I filed a counter claimed for the property disrepair (property was awful, hence I began to stop paying rent as I got nowhere with repair requests etc)

 

 

The judge was satisfied that the landlord and agents ignored me from the starts and that i had constantly encountered issues he reduced the balance .

 

 

I still have a claim from unlawful eviction to issue.

The property was also entered and my property taken prior to eviction.

 

 

At the time I had trouble proving this as the agents denied all.

At the final hearing the agent admitted therefore I can now sort this out

 

The agent informed the court:

The claimants were the party who have been substituted in Jan

he also went on to say they had purchased the debt (he quickly retracted this upon the judge querying his comment)

 

He admitted the landlord had keys to the property (had previously denied this for 12 months)

 

He admitted the landlord had taken possession of the property back without a court order.

 

Yes I know the court order is what I follow to make payments,

but I am now up against a company who have limited experience in what they are doing

and don't understand that a name on a claim/court order does not allow them to change the terms written.

 

 

Just like they would not listen when they were told they could not enforce a the judgement

even if they had a deed of assignment it gave no legal right but did anyway twice

and tried to blame Marston in court for ill advice when I had to get a stay.

 

They won't acknowledge I've made payments,

however a payment made to Marston in 2014 for 80.00 on them enforcing at the time

they stated they were acting on behalf of the claimant

and supposedly do not keep any payments, they are sent to their client.

This payment was retained by them huh obviously as they were the claimants really!

 

 

They have now reduced the balance with this payment.

Share this post


Link to post
Share on other sites

I have found this info on the justice site, would this mean all liability has been passed

 

Procedure for adding and substituting parties

19.4

 

3) An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed) –

(a) may be made without notice; and

(b) must be supported by evidence.

(4) Nobody may be added or substituted as a claimant unless –

(a) he has given his consent in writing; and

(b) that consent has been filed with the court.

Share this post


Link to post
Share on other sites

so marston are acting as HCEO here?


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

 

Share this post


Link to post
Share on other sites

Not at the minute (but I expect they will re- ppear again)

 

 

I had to get a stay on the writ,

this was when the new claimants were told they had no right to enforce the judgement

and also had no right to be in court for the stay hearing

as there had at the time nothing in court that stated they had interest etc.

 

 

They blamed Marstons for ill advice (Marstons informed me they were told they were acting on behalf of the claimant)

hence they applied to be substituted.

Share this post


Link to post
Share on other sites

Yes

I thought I needed a new one as not got much help for the first thread

I now know from your first response that I should only post in one thread

so I apologise for that �� and

 

 

I do need some advice as I can't believe the whole situation im in with this.

The actual landlord is not who he appears to be.

He uses two other first names and another nationality to open companies at companies house.

 

 

I been doing some homework

the documents have different versions of his signatures on,

 

 

it would appear all documents including his alledged witness statements

and this deed are questionable as who is actually is he?

 

 

The excuses to the court of being out of the country so unable to attend to answer questions is rubbish

as he here but as the claim was in his name only why would he attend.

 

 

It's can't be fair that this underhanded action (it's was an account ledger balance that was sold nothing more) can happen

and I am supposed to just let them get away with it. Surely not!

 

 

If after all is done I am left with a balance still to pay then it will be paid.

No amount of money though will ever replace some of the items they took from the house,

my childhood memories,

things from my grandparents letters off them etc

it still breaks my heart now.

 

 

I also had a large memory chest which I had been adding too for my 3 children, their keepsakes all gone.

 

 

Some things that are never replaceable even though there were valuable as they were also presious to me.

Just an incling of hope is all I need to have a bit of faith in our justice system

Share this post


Link to post
Share on other sites

there are lots of people subscribed to the thread

you should get the help you need.

 

 

have you actually asked where your property has gone?

 

 

dx


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

 

Share this post


Link to post
Share on other sites

Yes, I have asked the agents in writing and face to face.

 

 

I asked them to speak with the landlord over the incident but they declined to respond.

 

 

Up until the court hearing they were denying any knowledge and said no one had access to the property.

 

 

I have written numerous letters to the alledged (I am unsure now who was or is the landlord) landlord, never replied.

 

 

I even went to the police but as there had been no forced entry they said it may be difficult to prove anyone had been there

and said its possible a civil matter, this all happpened in 2013.

 

 

Upon the judges deliberation in the rental and dispear hearing he mentioned my belongings

(as I had brought the matter up) to the agent but he replied he would have to speak with the landlord direct

to find out about the incident (huh liar, he was well aware that my stuff had probably been off).

 

 

The judge did say I may have to face the facts that my belongings could be gone

but without the claimants presence he could not ask the question.

 

 

He also said for any items to be considered for recovery costs I would need to have a list with values etc

should I bring the matter to court.

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...