Action365 did not pay in full.

[Mazuto]

Hello, my apologies if this isn't the correct forum.

 

I will make this as short as they can be.

 

Over a year ago I was in a minor accident which was my fault. 

Everything went as smooth as it could, no issues what so ever.

 

Out of the blue, I receive a letter for Warrant of control that I owe £477.

 

Now my first instinct is that this is a scam as all the courts and details are all over the place, plus I have no idea what this is all about as there were no issues money wise on my end; I googled few numbers on the letter and indeed it was shown as a scam ( or so I thought). I then on August 27th received a second later which itself dated August 20th (again very suspicious )  that I should not ignore the letter etc.

 

I popped down to my local council court and indeed the details were on their system; I received a number to call. It seems that it is the SOLICITORS of the other party insurance. I spoke to the person on the other end and it turns out my insurance; City insurance who seems to be the middle man(?) to Pukka insurance WHO let action365 deal with all the claims. The solicitor claimed that my insurance did not settle in full and they were very hard to get hold of, so the solicitors made a claim against me as that was the only option they had to get through. The person on the phone agreed that indeed it was absolutely not my responsibility here but they had no other options ( which I really doubt ).

 

Now I have managed to get through a representative from action365. He insisted that on his computer data the case was shown as settled and everything was in order. He asked me to send over the letters I have received for warrant of control due to the matter and they will get in touch with me asap. It has been a week and I haven't heard anything. I have just sent another email to them and the financial-ombudsman service to find out what is going on?! 

 

It really feels to me strange as the accident was over  a year ago. The insurance company claims that the case is settled. Some of the numbers on the letters I received scream of scam alerts when I google them YET, there is an official case in my local council court, and I have received from the said court contact details of the solicitors who are also legit? so I am a bit lost here and just need some advice or guidance of how to proceed? 

 

Also I received the warrant of control letters I owe money but I never received ANYTHING beforehand? I didn't even know what this was all about until I went to my local council court? How is this even legal? OR is there a chance someone messed up at some point with an error causing a cascade of problems for parties involved. Also wouldn't this also affect my credit score as well ? 

 

Again thank you for taking your time to read through this mess and I'd appreciate any guidance to the right direction or where I should be contacting. 

 

Thank you

Edited September 10, 2021 by dx100uk
spacing

[dx100uk]

if you have had a warrant of control it means someone has gotten a ccj against you and have then resorted to bailiffs.

i will guess that this will be for hire car costs cause the othersides car was off the road during repair and their ins co has said they wont pay the bill so they went after you.

i will guess you have also moved from the address that was on your v5c.

 

go give northants bulk a ring on monday (you'll need to CCJ number from your credit file).and ask for a copy of the CCJ and the claimform.

you need to know the exact wording of the particulars of claim and who the claimant was 

ask for all that by email pdf. i think there is a small charge

 

 

[Mazuto]

Right, thank you very much for your reply I will do what you suggested. 

 

I had not moved from the address so it was quite a shock to just get a warrant of control out of the blue. What would be the best course of action? To pay the bill and try my luck in court to get the money back or to see again what the company ( if they even) replies with? 

 

Or once I receive those documents send them over to my insurance company?

 

Thanks again, you've already made things much clearer. 

[dx100uk]

Get the exact particular s of claim and who the claimant was and what address the claim was served too.

 

Then well move you fwd..

 

i have my ideas but we need to details.

 

Dx

[unclebulgaria67]

If you have not moved address, the third party Solicitors may have given Court the wrong address, so you never received the Court claim.

 

If this is the case, you can ask the third party solicitors to set aside the CCJ and ask for it to be removed.

 

 

 

 

[Mazuto]

I will try to contact the 3rd party solicitors on Monday too. This is just a big mess out of the blue and is just too much stress... 

 

I never moved address or anything like that so it is quite a shock to receive warrant of control out of the blue and I did not even know for what it was.

 

Another thing about this is that when I went to my local court, I do not have the documents at the moment at hand but it shown that I owe around 100£ only, but due to delayed payments and time passed, the interested increased and it added up to £477; so how is this situation going to be sorted I just don't know

 

I will contact the splicotors first and then i will do what dx100uk suggested on Monday morning and hope for the best.

[dx100uk]

warrant of £100??  rest is bailiff fees £75+£235 attendance total £310

 

get all the details from nothants bulk on monday no good pulling anyone elses chain until we have the facts in full

 

 

[Mazuto]

Again my apologies if I bump the thread but I have some further information..confusion..

 

I have registered to "checkmyfile" which shows reports from 4 agencies

EQUIFAX

EXPERIAN

TRANSUNION

CREDIVA

 

they all show that there are no court judgements or insolvencies reported on me in the last 6 years...

 So there doesn't seem to be any CCJ on my file ? But I have warrant of control ?

 

So I'm a bit lost, I can't get the ccj number which I will need for Northants bulk ? If this is some sort of scam yet when I went to my local court after digging through the system they gave me contact details on the people claiming ( who seem to be a real solicitor company )

 

Or am I looking for the ccj number in a wrong place...? Again I'm really sorry if I'm asking stupid questions.

 

Thank you for your patience.

[unclebulgaria67]

Can search on Trust Online.  LInk here

[Mazuto]

I digress but thank you again for your time and your suggestion.

 

I have checked on trust online and that too comes back as clear, no records found.

 

So I'm not sure if I should be relieved or panic more :/. I will still ring Northants bulk on Monday ( can't come fast enough !!!) And see what's up. 

 

But assuming this is not a scam is this even legal ? I get no notice of any debt claims against me and out of blue I get warrant of controls ( all this legal wording is really confusing so yet again I apologise if I sound like I spouting verbal dhearhea...)

 

Thank ONCE again for any and all suggestions.

[dx100uk]

scan up to one mass pdf what you have 

read our upload guide carefully

 

 

[Mazuto]

I only have a pdf file from the trust online which I removed my personal details as requested and converted to a single new pdf file. 

 

If requested I suppose I can also make a pdf file with the information I have found by using checkmyfile website which is also payed for.( although there is no pdf file, online information online, so I would have to screenshot the page, edit out my personal info and convert it to pdf which I am happy to do so if required) 

 

Also I am not sure after reading the guide you kindly linked if i; was suppose to remove the reference of the trust online purchase ( as you can see in the top left of pdf in blank ) 

 

I have edited the pdf file in Mspaint - saved it as jpg and converted back to pdf file on the resource provided. 

 

If I have done something incorrectly or more details needed, please let me know and I will sort it out asap. 

Trust online details.pdf

Edited September 11, 2021 by Mazuto
adding extra info on 'checkmyfile'

[dx100uk]

Warrant please!!

[Mazuto]

Right so I have the files ready with all personal information removed such as names and addresses, but I'm not sure if you want me to leave in all of the reference numbers/ case numbers, creditors ref in there etc?

[Mazuto]

Right so I merged all the files I have and removed any personal details.

 

The first 2 pages are the first two letters I received dated at 17th of August. The second batch of letters that I received on 27th of August are dated 20th of August... it is after these two pages that I went to my local county court to ask what is going on, they had no idea until they asked me if I was involved in an accident recently, then they printed for me the two last pages that you see in the PDF file and gave me the number to call which I found out the whole situation.

 

But the dates are all over the place and the very first time I even knew bout this situation was around 20th of August when I received the first two letters in the pdf.

 

Thank you

Warrant of control letters-.pdf

[unclebulgaria67]

Why only £477.96 and not the amounts shown on the Court order which are for over £2k ?

 

Do you think the Insurers or their Solicitors have been dealing with this and therefore all you need to do is contact your Insurers with the warrant plus Court order ?   Get your Insurers to pay what is due and to also get the CCJ removed ?  Phone your Insurers and email the documents over to them.  Get them to contact the Court Enforcement Officers.

 

I believe you cannot find the CCJ on credit record or Trust Online, because there is a delay in adding CCJ's to these records.

[Mazuto]

From what I know of the other solicitors was that a final small amount was left and agreed to be payed but nothing has happened since and they couldn't get in touch, so they came after me as they had no options. 

 

I did get in touch with them and sent over the relevant documents but it's been over a week with not even a hint of a reply; I have sent it again and to other emails of theirs that I have found ( and will also be phoning them on Monday).  

 

The insurer when I contacted them said that the case was settled so the kind person on the phone was just as confused as me. 

 

My main gripe with this is why I get a Warrant of control out of the blue with no information before hand what so ever - hence I thought it was a scam in the first place.

 

Edit: also wouldn't the ccj show up in the databases if I already received the warrant of control ??

Edited September 12, 2021 by Mazuto
Question about ccj

[unclebulgaria67]

I think you did not get the Court claim documents due to the address being wrong or the Court did not send them.

 

There are a lot of data processing delays at the moment.

 

Your Insurers should resolve this, paying what is due and also contacting the Solicitors to get the CCJ removed.

[Mazuto]

Right thank you very much.

 

So my course of action tomorrow is :

 

1)Get in touch with my insurer again and see what's up.

2)Contact Northant bulk and try to get ccj information(see why I haven't received it)

3)try to contact the 3rd party solicitors to see if they are willing to drop this?(or I shouldn't even bother and just go after my ex-insurer)

 

Thanks again for both your help, it's making things bit clearer for me ( and llittle bit less stressful..). I will update the situation if anything new arises.

 

[dx100uk]

you've been had by the oldest trick in the NWNF PA claim scammers handbook

 

someone saw one of these tv adverts.. been involved in an accident in the last 3yrs etc ,,and off the trolley it goes, most are purposefully served to an slightly incorrect address always due to an admin error but always funnily enou gh sorts itself when bailiffs get involved.

 

you do already have the claim number page 5 of the pdf.

 

just parcel it all off to your ins co.

ignore the bailiffs stuff and all they can do

 

dx

[Mazuto]

Thank you dx, forgive me for my ignorance and constant questions..

 

by parcel it to insurance company do you mean I email them all of those documents and wait for a reply While ignoring the bailift letters? So I shouldn't bother with Northants bulk?

 

 

 

 

[dx100uk]

yep pdf the lot too ins co.

if might pay you to still ring northants bulk though.....

ask for a copy of the judgement CCJ AND you want a copy of the claimform Particulars of Claim (exactly verbatum!) AND the address it was served too,  by email pdf. there might be a small charge.

 

sometime they state they do not have a hard copy of the claimform, if they say that RECORD THE CALL and get them to read out the POC and the full served address and date.

 

dx

[dx100uk]

extra...as for the bailiff...there is no right of forced entry on consumer debt CCJ. but IF you want to engage should they turn up film them go outside lock your door and explain what has happen. you;ve been scammed in a nut shell by NWNF scammers. with the help of the party ofcourse. but the NWNF would have got more than they did in fees!!

 

only court bailiffs and you've yet to have a notice of assignment before a visit so poss no fees yet either.

they should just forget you.

 

 

[Mazuto]

Right so I just got off the phone from Northants bulk with a recorded phone call. Gave all the details as requested and they just said that they no longer have ANY files about this case. I asked about claim form POC and she insisted they have nothing and I should call the County Court of where the warrant of control was issued...

 

So I'll try to do that but I'm confused now more than ever.

[Mazuto]

Okay so I called the County Court and they couldn't give me the files in pdf format as he "doesn't know how to do that " which was helpful... so I got the POC and CCJ sent to my address by post - unfortunately I am away for a week so I will not be able to know what it says until the following Monday.

 

I did ask why I never received the ccj or any letters before I got warrant of control and the person said all of the letters were sent to the solicitors who were acting on my behalf and I recorded that bit ( ccj being not sent to me )

 

But this is a pickle, so I never get sent ccj or any forms -they get sent to solicitors but I do get sent a Warrant of control. Very convenient.

 

 I suppose I will have to now just non stop chase the insurer to sort this whole mess and send over the ccj and POC once I have a chance to do so next week.