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Backdoor IND/Welcome Finance/ CCJ found after getting an interim third party debt order***Settled***


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Letter to Court and Claimant

 

 

In the XXXXXXX County Court

 

Claimant xxxxxxx

 

Defendant xxxxxxx

 

Claim Number XXXXXXXXX

 

 

Interim Third Party Debt Order dated xxxxxx

 

 

I hereby give notice pursuant to CPR 72.6 (a) not to owe any money to the judgment debtor and request that the hearing dated 25.04.18 be vacated.

 

I hereby give notice that an application to set a side the judgment will be made forthwith pursuant to CPR 13.2 on the basis that the debt was already subject to the statute of limitation pursuant to the provisions of section 5 of the Limitation Act 1980 at the time of issuance of the claim.

 

The claimant is invited to consent to the application and or make it of its own volition and failing to agree or act accordingly costs in the application will requested.

 

 

Signed xxxxxxx

 

Dated xxxxxxxxx

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Hi Andy

 

Thats brilliant, I will get the 2 letters posted off tomorrow and will post back with any updates

 

We will get onto the solicitors ASAP and I will probably need some advice if and when we need to address the other matter

 

Many thanks again for your time and knowledge

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Attach the N84 to the courts copy and retain a copy for your file.

We could do with some help from you.

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Thanks Dx so the request to set aside goes to the solicitor (by phone or letter) when we get their name

 

you ring them and quote as top line of post 15.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just to add an update

 

Both letters were posted on Saturday

 

He rang the court bulk centre earlier and there were no solicitors details, just the DCA

 

He called them and requested as per post 15. They said that they found it hard to believe they would have taken it this far if it had been stature barred. He just reiterated what he wanted and left it at that.

 

Is it worth following that request with a letter or should we just wait now to see what happens, if so what is a reasonable time to either get a response from them or for the CCJ to be set aside

 

Many thanks

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Caught with trousers down, they will try it on whether they knew SB or not, they hope you don't know so default at old address ring Northampton and as for the CCJ number and an emailed PDF of Particulars of Claim and Judgment.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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So basically they have not agreed to a set a side ?

We could do with some help from you.

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The lady he spoke to couldn't say but said someone would be in touch, he couldn't stay on the line as he is at work

 

Did you ask CCBC for a copy of their particulars of claim/N1 ?

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Yes as its a default 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 OTHER

 

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then ring them and ask for a copy of the ccj and the claimform by email pdf

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update

 

We have spoken to the court and there is a £10 charge for the information. They have said to e mail them with the request and ask that someone call us to take payment over the phone. they will then forward the requested paperwork

 

I am going to do this now

 

Many thanks

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Well thats frustrating

 

The e mail address she gave me keeps bouncing back and I have tried their general enquiry address too with the same outcome

 

They are of course now closed so I will have to call them again tomorrow

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I have sent you a PM

 

Andy

We could do with some help from you.

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Update

 

I have today spoken to the court again to request a copy of the paperwork regarding the CCJ

 

They are now saying that they dont have anything other than details that we can see on the credit report

 

Not really sure how to progress now as Northampton said they sent everything they had to the other court

 

Is it essential that we have this copy paperwork as we seem to be going round in circles with this

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Its not essential in your case as long as you have the claim number...the date of judgment....as you will be defending on the the grounds of statute of Limitations....and not actually responding to the claimants particulars as per the N1.

 

 

When your ready to submit the N244...post and I will draft you the order and wording of the application.

 

 

Andy

We could do with some help from you.

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OK thanks Andy

 

How long would you suggest we wait before submitting the N244

 

IND didn't say they would or wouldn't set it aside yesterday so we are a bit in limbo with them

 

Many thanks

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Given the time constraints on the TPDO (I assume you have not had a response to your letter?) I think you have to take the initiative and make the application yourself immediately.

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 OTHER

 

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