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P2P Loan CCJ - claimant now has 3rd party order freezing my account - help


HP Mum
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Is it still possible to file a County Court Claim (for £s owed) during lock-down?

(large amount)

 

If yes, how will the timings work?

As an example: received no regular mail in 3 weeks / a special delivery letter sent by next day delivery still not received 1 week later!

 

Will Claimant's Claim be valid by email?

 

 

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Cant file by email no

 

I will gather this is to do with your SD thread??

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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So far as I understand it, the Moneyclaim system is still working – and I suppose a lot depends on whether your defendant is working or not. If they're not working then presumably they want respond to the claim and you will be able to put in for a default judgement.

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Dx - its a completely different issue.   

 

Someone else is (allegedly) trying to make a claim against me

I received an email attaching a draft claim, from a lawyer firm. 

Suggesting they will make the Claim unless I repay the debt.

 

 

Firstly - yes I do owe some money to the named person in the claim.

Secondly - I can't repay it.  I would have.  But I lost home/ job and as home remains unsold with no remaining equity (situation unlikely to change now in lock-down) I've also lost ability to repay.  I have £0 / no assets.   Making a claim won't achieve anything, will just cost them £s.  

So should I acknowledge the email and reply saying that its pointless claim/ action?  Or will this make it a legal service?

Or should I contact the named person and fess up to the situation so they don't incur costs?

 

I owe the bank a lot more than I owe this person, but it is still a lot of £s.

 

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Even you can download fill in and send an n1 to anyone you like.

 

If the form has not come by royal mai! directly From northants bulk or salford bulk courts themselves..its an unregistered 'fake' claimform

 

Dx

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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Its used to intimidate you the actual court form N1 they intend to submit...a lot of Solicitors use to do this before e the advent of MCOL.....and then go on to file it if all else failed.

 

Not much you can do if you cant pay the debt ...ignore them and let them file.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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should be sending you a letter of claim under the pre action protocol HPmum ...not a fake claimform

 

dx

 

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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Only applies to business claims DX....I think this is an individual.

 

Quote

Firstly - yes I do owe some money to the named person in the claim.

 

 

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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they'll get out their john bull printing set next..

 

dx

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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Share on other sites

1) The specific lawyer's name on the draft Claim is not on the firm's web list of lawyers - I guess could be a junior asst?

2) There is NO on-line web record of this lawyer anywhere. Not on law society records, social media,  legal awards, legal cases - he seems to be a ghost, listed absolutely nowhere.

There is just one thing I can't get my head round: 

3) of all the law firms in Britain that this (non-England-based) person could choose  - they have chosen a law firm in the very same building as the lawyer's of the bank who repossessed my property!

 

 

Edited by HP Mum
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mugged you once

think you'll fall for it again

 

dx

 

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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Share on other sites

Yes.  But it is weird because I do owe £s to this person.  

 

Interestingly I recently got a text to collect  "something personal" from a chemist I have never used. (its also a parcel collection place)

 

Edited by HP Mum
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Just wondering:

What is the situation with Claims being made if there is already a petition for B ankruptcy in the court system?       Even though the B petition is failed/ adjourned - due to no proof of service - would the B petition attempt show on my record/ able to be seen by any lawyer?

 

 

Edited by HP Mum
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if the sd for BK didn't even make it to the court stage because of failure of service, (thus the 18 days to respond could not of even started before they can even file to court), then no-one bar the issuing sols knows it even exists.

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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Share on other sites

Thanks Dx.

I'm not sure what happened with the sd?  Though it was a Bk petition that failed/ was adjourned.   Maybe because the sd had failed?    I didn't find a single trace of the sd in the gazette.

 

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was it ever presented to court, I doubt it.

 

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... 

Link to post
Share on other sites

I don't know about the sd?  But the Bk petition was presented to court.  And that failed - due to no proof of service, maybe no correctly served sd.

Wouldn't there be a record of a failed Bk petition in that court?  Or as you say, Dx, its just the issuing sols that would know about it...??

Edited by HP Mum
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someone can't file to BK you without first filing an Statutory Demand

the claim failed for whatever reason , its gone..

 

sounds like you've got a series of cowboys after your for dodgy debts..

 

 

 

 

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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Share on other sites

  • 1 month later...

just following up on this.

What happens if they do try issue a claim once lockdown is over. 

Can they serve by email?

I don't have a proper address, just irregular temp, that I cannot use for receipt of anything.  Mail from old address is diverted to a mailbox.

I have zero £s, zero assets and am nfa.

Will it be a case of a backdoor undefended ccj?

And the ccj will just sit on my file for 6y?

So I would have issues in future if I earned and wanted to rent or borrow etc ?

 

Also - the bank cowboys that have been hassling me (different thread) are threatening B.  The process is delayed for few months and I will aim for a set-aside for various applicable reasons. But if I fail and these others make me B - does that mean that a ccj gets wiped from my records too?  Even if it has only just been given?

 

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Quote

Mail from old address is diverted to a mailbox.

 

Last known address is deemed as good service.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks andy.   So, say they do serve via old address to box.   What about the rest of my questions?   

 

zero £s, zero assets and am nfa.

Will it be a case of a backdoor undefended ccj?

And the ccj will just sit on my file for 6y?

So I would have issues in future if I earned and wanted to rent or borrow etc ?

 

if ... these others make me B - does that mean that a ccj gets wiped from my records too?  Even if it has only just been given?

Edited by HP Mum
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Quote

Can they serve by email? No

I don't have a proper address, just irregular temp, that I cannot use for receipt of anything.  Mail from old address is diverted to a mailbox.

I have zero £s, zero assets and am nfa.

Will it be a case of a backdoor undefended ccj? Cant be back door if redirected to your mail box...defend it

And the ccj will just sit on my file for 6y? Yes if undefended

So I would have issues in future if I earned and wanted to rent or borrow etc ? Yes if undefended

 

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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I can't defend it.

I do owe £s and I admit it,

I just cannot repay. 

It is a huge - unsecured - sum lent by a friend.  I intended to repay upon asset sale - but the bank took the asset and left me with zero.

So I lost asset and clearly lost friend.

Is that a defence?

Surely a judge would still give a ccj even if there is no ability to repay?

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Then dont defend it...I simply answered the questions you posed above as requested.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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