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    • Spot on, thank you.   Will they give me a hearing before a week in Friday?
    • Yes but they can never explain how then can enforce and the debt has never been enforced through the courts in the UAE either.    Mr Coyle and his band members from CWD and now IDR they seem to be crossing over can never explain and it annoys me and when you talk to the FCA or FO they say it’s fine in some respects but it’s not. 
    • It sounds like the judge has ordered that payments are to commence on 30th August but you won't know for sure till the order arrives from the court.   Sadly, you are correct in that if you don't make payment in line with the order then the lender will most certainly apply for an eviction warrant again.
    • I’ve been hunting round on the forums looking for a rough guide on how to write out my statement, is this one ok to use as a template? IN THE ******* county courtClaim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago.3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974.  The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case.7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]
    • ok so just file my Defence exactly as I have posted for now ?   will filing it on mcol before the tuesday deadline give them too  much leeway or it wont matter even if I file it tonight ?
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Hi

 

I have been issued with a CCJ for an amount I owed a solicitor.

The solicitor didn't complete the work and didn't do as they promised me

when the property sale fell through I didn't receive a bill from them so just never thought about it.

 

I live at an address that was unknown to the solicitor but used to live with a relative.

The relative received a letter from the solicitor saying they wanted money.

I said, fine, but send it back with my new address.

 

I received a letter then at my new address which I have responded to via email, offering to pay a token amount each month until I am back on my feet financially.

 

A CCJ has arrived at my previous address (post is seldom opened hence this problem with unseen letters).

 

I might be moving back there but not sure yet, but if i do or don't I still want to avoid bailiffs at the door as I believe they can force their way in when doing CC enforcement??

 

Would anyone please be able to offer any advice in the event that the solicitor does not accept my offer

- I only offered a few pound a month but happy to have review after a few months.

 

thanks

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Bailiffs cannot force entry for a civil debt

 

The only way they can enter is if you let them in which i wouldn't recommend

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you need to clarify WHAT has ACTUALLY gone on so far?

 

you mean you have a CCJ - judgement for claimant?

or

You've received a CLAIMFORM pack from either Salford or Northants bulk court?

 

as for HCEO, i'm not sure where you are reading but they never have forced entry permission on any consumer CCJ.

and the debt appears to be less than the £600 threshold for HCEO being involved in a CCJ anyway...

 

 

I think you are watching too much TV!!

 

please clarify


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Hi

 

I did get a claim form (at an old address) but my relative doesn't open most post and just stashes it behind mircrowave. When the letter arrived she sent it back with my current address on

 

they then wrote to me there and I responded via email, offering a token payment plan for the time being. In the meantime a claim form arrived at previous address which was left unopened. It is only with getting the CCJ letter that was opened that we looked through old post and found claim form. So a default judgement was given.

 

So yes the claimant won by default.

The amount was £340 and is now £560 including all the costs.

 

I did coincidentally chase the claimant for a response to my original email as I received an out of office reply but still nothing a week or so later. The chaser email also resulted in another out of office email, so I forwarded my emails to a colleague mentioned in the message.

 

Later this day I found out about the CCJ.

 

I have seen a couple of 'can't pay we'll take it away' etc and was under the impression that county court bailiffs could force entry, but there's also stuff on the internet which doesn't say otherwise. When I panic i am prone to fearing the worst scenario.

 

I am willing to pay the debt (even though I don't think they did their job properly, but that's a different issue and I should have complained a couple of years ago).

 

However, I am struggling to live on what I have coming in hence my token offer to them. I wonder if they've ignored it because they can just hire bailiffs and bill me for it anyway?

 

Thanks

Edited by dx100uk
Spacing

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Hi

 

So yes the claimant won by default. The amount was £340 and is now £560 including all the costs.

 

However, I am struggling to live on what I have coming in hence my token offer to them.I wonder if they've ignored it because they can just hire bailiffs and bill me for it anyway? Thanks

 

I would suggest that you get in touch with the solicitor again this morning to outline your payment proposal. State in your email that if they are not willing to accept your proposal that you will instead be submitting an N245 to the County Court to have the court vary the judgment.

 

PS: What payment proposal did you initially put forward?

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What was the date on their first letter to you at your new address and what was the date on the claim form served to your old address?

 

Don’t watch ‘can’t pay’...

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What was the debt?

When did you last not pay it?


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Hi

 

Thanks for your replies.

The date on the claim form to old address is 1 Feb.

I have mislaid their letter to me at new address but I think it was something like 5 Feb or thereabouts.

 

The debt was for conveyancing which was incomplete and not done as promised

ie save a heap of time by using existing conveyancing documents from the previous solicitor who took ill during the work.

 

The sale fell through eventually but will never know whether that was not helped by solicitors taking forever to do anything.

Hence I didn't think there was a bill to be paid.

But the bill is only approx a third of what the full bill would have been.

 

The solicitor finally responded to my email and agreed the payment plan I put forward so that's a relief.

 

Is there any way I can get the address of the CCJ changed just in case it has a bad effect on the credit worthiness of other people living at the address it's showing as (my old address).

I've read that mortgage lenders might not lend to anybody associated with the address at this time.

 

thanks

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the CCJ is not against any address

its against YOU.


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Hi

 

Thanks for your replies.

The date on the claim form to old address is 1 Feb.

I have mislaid their letter to me at new address but I think it was something like 5 Feb or thereabouts.

 

The debt was for conveyancing which was incomplete and not done as promised

ie save a heap of time by using existing conveyancing documents from the previous solicitor who took ill during the work.

 

The sale fell through eventually but will never know whether that was not helped by solicitors taking forever to do anything.

Hence I didn't think there was a bill to be paid.

But the bill is only approx a third of what the full bill would have been.

 

The solicitor finally responded to my email and agreed the payment plan I put forward so that's a relief.

 

Is there any way I can get the address of the CCJ changed just in case it has a bad effect on the credit worthiness of other people living at the address it's showing as (my old address).

I've read that mortgage lenders might not lend to anybody associated with the address at this time.

 

thanks

 

I asked the question regarding the addresses because if they served against your old address when they already had your new address a set-aside may have been an immediate option to give you some breathing space. From the dates you have given it seems the claim was correctly served. I’m open to correction from the experts...

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I think it was correctly served too, just not happy about the address now.

I know it's against me, but this is what I read on one of those money forum thingy's that appear near the top of the page when you enter query about CCJs into google.

 

But thanks for everyone's help and advice, yet again.

 

I will make a donation (small though) when I get my next pension payment.

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It wasn't served correctly if they had your present address.


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It wasn't served correctly if they had your present address.

 

The timeline suggests it was served before the OP gave them the new address, hence my request for clarification...

 

OP, can you tell us the dates as requested, please?

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I live at an address that was unknown to the solicitor but used to live with a relative.

The relative received a letter from the solicitor saying they wanted money.

I said, fine, but send it back with my new address.

 

I received a letter then at my new address which I have responded to via email, offering to pay a token amount each month until I am back on my feet financially.


We could do with some help from you.

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The date on the claim formicon to old address is 1 Feb.

I have mislaid their letter to me at new address but I think it was something like 5 Feb or thereabouts.

 

OP, you need to clarify so the right advice can be given....

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