Jump to content


  • Tweets

  • Posts

    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - XX + 19 = 08 Dec 08 Dec + 14 days = 22 Dec 19   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total    Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment? Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
  • Our picks

Bandy72

default judgment letter - didnt get court papers - help ?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1226 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

Hello,

 

I am not entirely new to the CAG forum, but forgot my old login, today I had a horrible surprise, and I hope someone might offer some assistance as to what the best practice would be to go forward.

 

 

This morning I opened a letter that said a company has obtained a judgment against me and require payment of £1300

 

I did not receive a letter from any courts regarding the companies claim, but it seems they have me in a rather unhappy position.

I am supposed to pay by the 29th of this month, this was for a bill that was £50.

 

Had I been informed of court action, of course I would have made a defense.

 

I have spent many years recovering from debt and this year I have just started to get my credit file back into the green, waiting 6 years for an old debt to go away, so very sad.

Share this post


Link to post
Share on other sites

what was you old username please

 

 

and have you moved since you took the credit out

if so and you didn't tell your creditors

then they are quite at liberty to file to an old address.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hello dx100. I cant remember I am afraid, its not important - I was not a massive poster or anything.

 

But no I have not moved house for many years,

 

 

should the courts have issued me papers and at least given me a change to defend the claim?

 

Can I set it aside with a letter to the courts without spending £255 which is frankly ridiculous

Share this post


Link to post
Share on other sites

if you've not moved since you took this credit out

then yes that's the 1st stage for a set aside

the 2nd being a valid defence

 

unless the claimant agrees

or you are on certain benefits sadly it will cost £255

 

can you tell use about the debt please

name names.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

ok,

 

It was actually not for credit - this is a training bond that a bus company I trained with said was due to pay.

 

I was very poorly and had worked for them twice, I suffered from depression and was on medication, I tried and failed to get my working hours reduced and was really forced into leaving as I was unable to work the normal working week due to illness.

 

When I was at my lowest point my final pay packet was half of what I expected, as they removed £150 from my wages for what I thought was the rest of the training bond.

 

some weeks later they sent me a letter chasing the £50 they said was remaining, and I explained the situation that I did not want to leave the company and that I had been asked to resign to undertake another job within the company anyway, a few months passed and the £50 was being chased by a shakespeare martinue company, I explained the situation to them and 2 months passed without any correspondence.

 

until I got an email from them stating the company still felt that the £50 was due so pay up.

I replied I refute the companies version of the events and hadn't heard anything up until today when I open a letter that says we have obtained judgment against you so please pay by the 29th of july, the bill is now £1300

 

which is a bit odd as they didnt not mention court action at the last correspondence on the 4th july.

 

I feel I have been sucker punched.

Share this post


Link to post
Share on other sites

£1300 is ridiculous and I daresay it would have had so many fees and charges added that they never could have succeeded with a defended claim


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites
£1300 is ridiculous and I daresay it would have had so many fees and charges added that they never could have succeeded with a defended claim

 

I'm just so distraught after spending years with a damaged credit score, we had turned a corner this year only to have this happen.

 

Pay the bill bill in 6 days, or risk a judges discretion. Either way is terrible.

 

I can't believe our justice system can allow this to happen to people without court documents ever appearing to the defendent.

Share this post


Link to post
Share on other sites

phone the court tell them you didn't get any paperwork.

 

 

ask for a copy of the CCJ.

 

 

see what they say

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Do you think there is any possibility that I can avoid the n224 form and it's fee ?

 

Have there been any circumstances where a well written letter can get the judgment set aside so I can then speak to the company.

 

I'm sure the fact that a bill was £50 then it's £1300 would look rather extortionate to a sensible judge surely ?

Share this post


Link to post
Share on other sites

if the claimant agrees by consent I think it is.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
if the claimant agrees by consent I think it is.

 

Thanks. I'll see what the situation is on Monday.

Share this post


Link to post
Share on other sites

Ring the court first

Ask for a copy of the ccj

Ask the claimants name

And the address the claim was served too

 

If it turns out who you think it was and the address is correct

Then ring the claimant and ask if they would agree to set aside by consent

 

they might agree to do it themselves = Free to you

if you agree a repayment?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks, a few days on I have sought legal advice, submitted the n244, paid the £255!

instructed the other party, and asked if they would consent, however they did not reply so I was forced to go ahead anyway given the time frame.

Share this post


Link to post
Share on other sites

what were the details of the debt?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I don't have any further details, just that the papers were filed to an address I have never lived at, and I have no links to.

Share this post


Link to post
Share on other sites

did you not request a copy of the CCJ from northants?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I have not done so no, I have a single page "judgment for claimant" that shows the amount I am alleged to owe, with little detail on it other than my name.

 

Its rather ironic when I have called the courts and given the case number, and my name and address they immediately ask whats your previous address for security reasons.

 

Because they have an address on file (where the papers were served) which has absolutely nothing to do with me! I have lived at the same address for 15 years, so someone has made a mistake!

I spoke to the trust registry who told me the address the papers were served to...

 

if I had not got the information from the trust, then I would fail the security check when dealing with the courts!

Share this post


Link to post
Share on other sites

urmm.. sounds like fraud or identity theft to me here too.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

well, I contacted the company who are a large bonafide organisation, no apologies, no explanation as to how a £48 bill has become £1300, just that they are seeking instruction from the claimant on my request to set aside the default.

 

I have heard nothing for two days, and I submitted the n244 as advised by solicitor regardless, but I offered them the opportunity to consent.

Share this post


Link to post
Share on other sites

Well name names


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
Well name names

 

I thought I did. It's shakespeare martinue and national express.

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...