Unknown CCJ for Preistly Crowe CMC PPI reclaim fees

[dj1233]

Hi All,

 

New to this forum, i have an issue with which i need help.

I've tried to convey the situation as best as possible below,

please let me know if more detail is required.

 

I was in a debt management plan some years ago which had some unpaid loans.

The Debt management company referred their inhouse partner (Priestly crowe) to check for PPI.

 

Being a bit young & dumb i agreed to this and the charges.

As the loans were still outstanding, the PPI which was 'claimed' was taken from the debt instead of being paid in a cash sum. I instead owe the money to Priestly Crowe.

 

They were paid on a monthly basis the fee which i owed.

 

Last year (October 2016) my debt management company ceased trading,

i dealt with all debtors myself.

 

I sold some belongings to have enough cash to pay everyone what was owed.

However i could not get hold of Priestly Crowe.

Their contact details had changed and i did not have the new correct ones.

 

Fast forward to about February this year and i received a call from them.

I asked them to send our paperwork for money owed so we could get a payment plan sorted. No post or no news.

The same happened in April.

 

On Saturday i received post from the CCBC Northampton about a CCJ that had been instructed by Priestly Crowe.

 

I have subsequently settled the payment as i did not want any financial implications to affect my current credit score & status.

 

Seeing how long the CCBC take to do anything,

i knew i was on a short time scale to get this processed.

 

I have questions about the process & where i stand:

 

1) I was told the claim pack had been sent from the court, but i have not received it.

They cannot provide me with proof - only that their system shows it was sent on the 12th August.

- Do i have any leg to stand to make a claim from Royal Mail?

 

I have lost 3 weeks of time to defend my case & check the facts were all correct

- debt & amount owed.

 

Plus to now defer the case would have cost a further £255 for which i would not have been able to claim back, if i was defended correctly.

 

2) Priestly Crowe LLP - Regulated by the FCA.

Should they/did they need to contact me prior to taking this action?

 

Are they obliged to show the court any proof they have attempted to contact me/show i've refused payment prior to getting a CCJ?

Or is simply their 'word' enough to get this processed?

 

3) I have asked for my history/paperwork from Priestly Crowe to check the contract, payments & the amount owed is correct.

If it isn't, am i able to process a counter claim for this amount?

Small claim court, CCJ . . . etc

 

I hope i have covered all bases here and given enough information. If not, please ask away and i will reply where i can.

 

Thanks in advance,

 

J

[dx100uk]

So you have an unknown ccj for fees to a PPI reclaim company?

That you've now paid?

 

Lots of waffle in your 1st post but not that clear upon what you are trying to ask?

[dj1233]

Hi DX

 

I was trying to give some back story to the situation.

 

CCJ from a PPI company.

[dx100uk]

You mean you have a claimforn not a CCJ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

Complete the above please

[dj1233]

Nope, the claimform never arrived!

They said it was sent on the 12th August but it never arrived to me.

The first i knew of this was the 'Judgement for claimant in default form'

i got on Saturday just gone.

[dx100uk]

But you've paid it now yes?

[dj1233]

But you've paid it now yes?

 

Yes

[dx100uk]

good so you wont have a CCJ registered then.

now what if there is anything you can do as an after thought now you've paid it is dependent upon money and reason..

 

yes you can set it aside

willcost you £255 unless the claimant agrees to do it for free

[doubtful]

 

you don't know what they claimed for yet and why.

 

why don't you ring Northants bulk tomorrow

ask for a copy of the Claimform to be sent email pdf

then you can fill that link in and we'll know.

 

but I gather I guessed right its for unpaid fees for them reclaiming PPI you never saw?

[dj1233]

No, it will hopefully be cancelled if it is registered within the month.

 

Ideally these are the only 3 things i would like to 'solve'

 

1- I am getting the paperwork from Priestly Crowe to check the total amount is actually correct & due.

If the amount due is not correct, can i claim this back?

 

2- Are Priestly Crowe obliged to allow me to offer to pay to seeking a CCJ? Is it in breech of FCA rules/standards

 

3- Where do i stand in not receiving the claim form?

Any action i can take to the court &/or Royal Mail.

In my opinion is due to lack of service/negligence i have not received this paperwork

 

so why don't you ring Northants bulk tomorrow

- called them this morning.

A copy pack cannot be sent is what i was advised as a CCJ has already been issued.

 

ask for a copy of the Claimform to be sent email pdf - could not be done, or so i was told

 

then you can fill that link in and we'll know.

but I gather I guessed right its for unpaid fees for them reclaiming PPI you never saw? correct.

Edited September 4, 2017 by dj1233

[dx100uk]

you can ask for a copy of the claimform

- you need the poc to see if you might have a defence to accompany the set aside should you have a reason for that too.

 

have you moved since you took the DMP with those fleecers who were?

 

1. get an sar running to them. then there MIGHT be somethings reclaimable.

 

2. theres nowt you can do about no previous letters, quite usual sadly

 

3. not Rmail problem sadly.

 

all this could be explained if you've moved since you took the DMP out

[dj1233]

you can ask for a copy of the claimform - you need the poc to see if you might have a defend to accompany the set aside should you have a reason for that too. i will call again tomorrow and ask for this

 

 

have you moved since you took the DMP with those fleecers who were? i have and my mail is on forwarding - not missed any mail except the claim pack. I did check with the CCBC and they do no send their mail with a 'do not forward' request. So this is not the issue i have missed it. I might add i did not move between the 12th of August and recently, it was over 3 months ago

 

 

1. get an sar running to them. then there MIGHT be somethings reclaimable. i have asked for all data from my file to be sent, i will check tomorrow if i should send a SAR as well

 

 

2. theres nowt you can do about no previous letters, quite usual sadly which is odd really, as if i sent them the claim form back and it got lost i'd have to prove i posted it!

 

 

3. not Rmail problem sadly. Brilliant. Glad they can cause an issue and have no accountability.

 

 

all this could be explained if you've moved since you took the DMP out

As above i have moved, but have missed no mail (forwarding is on with RM). It is also updated on the Electoral role too so they couldn't have missed it if they couldn't find me-the CCJ letter got to me fine!

 

Thanks for your help DX

[dx100uk]

theres your answer

letters from court like claimpacks do not get redirected

 

they say on the envelopes

 

do not redirect if my memory serves me correct.

 

not a lot you can do then.

unless you want to gamble the above is wrong.

 

dx

[dj1233]

As above, they don't add mail instructions to the mail - i checked this and i also received the CCJ at my new address.

[dx100uk]

you got the CCJ because the address was magically changed to the correct one I bet?

 

a claimform can have been sent by signed for mail..

 

they don't redirect signed for mail?

[dj1233]

Nope! Both the claim form & CCJ were sent to my old address, the CCJ got forwarded as per the mail forwarding instruction.

 

Not sent by signed or recorded - normal post, which is why they could not track it and tell me what happened to it.

 

They can re-direct all mail, unless it has instructions on the envelope to not re-direct. The CCBC do not have such instructions on their envelopes

[dx100uk]

so there might be a reason there for a set aside, I got all the other letters m'lud but not the claim pack

 

you need to see the particulars of claim now

to see IF you might have a defence for the debt itself.

 

but as you signed their contract I cant see one can you?

 

don't forget also you've no CCJ anyway you've paid it so its an extra £255 to set aside to achieve what?

[dj1233]

Can't do a set aside just because i didn't receive the claim pack!

There needs to be other grounds too apparently.

 

I'm not denying a debt may exist, more so the amount & of the claim and how this has been added up.

 

I'm not going for the set aside, this will be a direct question to Priestly Crowe once i have the paperwork. Might issue a CCJ in return for any money they owe me . . . .

[dx100uk]

not receiving a claimpack is a perfect grounds [reason] for a set aside

that's the reason for 99% of set asides to date

it WHY you didn't get it that the important bit

 

there are some 800'000 claimforms issued every year

most [85%] are never contested [default rubberstamped judgements that no human ever touched]

 

the majority of those are from Private parking companies and DCA's

a good number are [purposefully] filed to the last known address because the 'debtor' had moved and had not in writing informed their 'creditors' they have moved

then the judgement magically appears at the correct address.

 

your issue [were you to attempt a set aside] is a basic defence for the debt itself IF the judge were to grant the set aside

 

I think your SAR will be invaluable

but I wouldn't go issuing a court claim

simple reclaim will do DJ.

[dj1233]

not receiving a claimpack is a perfect grounds [reason] for a set aside

that's the reason for 99% of set asides to date

it WHY you didn't get it that the important bit i know. they said it was sent on the 12th August, so i should have received it by the 14th. i'll be pushing them tomorrow to send me proof of postage.

 

there are some 800'000 claimforms issued every year

most [85%] are never contested [default rubberstamped judgements that no human ever touched]

 

the majority of those are from Private parking companies and DCA's

a good number are [purposefully] filed to the last known address because the 'debtor' had moved and had not in writing informed their 'creditors' they have moved

then the judgement magically appears at the correct address. With my mail forwarder it should have been sent to my new address, so that's my query the one bit of mail i 'need' has gone amiss.

 

your issue [were you to attempt a set aside] is a basic defence for the debt itself IF the judge were to grant the set aside absolutely, for me i did not think paying the extra fee was worth the pain tbh

 

I think your SAR will be invaluable

but I wouldn't go issuing a court claim

simple reclaim will do DJ.

I'll get this processed if i don;t get all the information i need from them. I'll be going through it with a fine tooth comb. I've got some paperwork, but not sure if i have all.

[dx100uk]

id just concentrate on getting the claimform by email PDF

they dont have to provide any proof sadly that they posted it.

 

just one of those things, its gone missing.

don't think the outcome would have been any diff had you got it TBH

 

who was the fee paying DMP with ?

we've seen unfair practices' by almost forcing patrons to use their reclaimers at vastly inflated fees

when they should have also been told they could have gone elsewhere or do it themselves cheaper.

 

might be an angle once we know

[dj1233]

The DMP was a company called Gemstone, who were formerly taken over (i can't remember the name of them)

 

I've got my paperwork through today from Priestly Crowe so i will be going through that.

 

Not had a chance to call CCBC today for aa copy of the claim pack, will try tomorrow.

[dj1233]

In the paperwork i have from Priestly Crowe it contains their claim pack:

 

1st query:

 

On the request for judgement & reply section, it says you must confirm the particulars of claim have been served in accordance with the rules.

 

Section A:

They have ticked 'the defendant has not filed an admission or defence to my claim' :

How could i when i did not have paperwork to do so?

 

Claim form: Particulars of claim:

They 'claim' they tried to make contact.

As i mentioned in my 1st post they made only 2 phone calls in 6 months,

on each i requested paperwork to be sent out.

- does there have to be proof submitted for this claim of no contact?

 

They are also charging me interest on the dates where i was also paying.

Are they allowed to do this despite them receiving payments?

[dx100uk]

well they don't know you didn't get the claimform.

 

no proof of contact is needed

 

section 69 int can be charged

 

the claimform went undefended

they didn't have to prove anything

no human saw it.

[dj1233]

As i have paid in full in the 1st month, do i also need to ask the court to cancel the CCJ being entered on the register? Or will this automatically not be entered/cancelled?

[dx100uk]

correct shouldn't happen