Kings Hill - advice please!

[psykix]

Blazing-badger :-

 

That's all well and good, but are they allowed to use their OLD name on a court document dated in Feb??

[blazing-badger]

I believe so, yes. They are just using the same name throughout.

[psykix]

Just read the Seahorse thread, and seems the name change is irrelevant, so I'll just play on the CCA to start with, and try to get the court date adjourned for now... There's no way I can attend on Tue due to work commitments.

 

Will let you know what happens!

[blazing-badger]

Good luck!

[psykix]

As an aside, is it worth me writing to the court to ask for the judgment to be set aside, as I have had no proof that I actually owe these debts?

 

It says on the CCJ that I can do so (even if entered in default).

 

Becoming a bit of a personal challenge this now!

 

Cheers!

[Seahorse]

I'm a bit concerned that a CCJ can have been entered in default. Surely the court must have informed you somehow? It smacks of a bit of deceit somewhere along the line, so papers never got to you pre court? So you never knew you needed to defend anything?

[psykix]

Yes I did, but as said above, when I received the first summons, I wrote to Kings Hill (No.1!!!) and CC'd Hodsons, explaining my late wife's death, and the problems I had since then, and the debt and deceit she left behind, requesting that we come to a payment arrangement, and for them to delay the CCJ proceedings. I received no reply from Kings Hill, but received an acknowledgment of receipt of my letter from Hodsons saying they were awaiting their client's instructions.

 

Whilst I was waiting, judgment was entered against me by default.

 

I tried to be the nice guy - but lost....

 

So, now I've decided to bare my teeth and fight back, but I fear it may be too late in the day considering it's at charging order stage...

[psykix]

Oh, and by the way, that was the only correspondence I ever had with Kings Hill, and I am pretty sure that 6 years had already passed since I had last made any payments on those credit cards and my first correspondence with them, so I firmly believe that those 3 debts they bought (and lumped into one for the CCJ) are statute barred.

[Seahorse]

Oh, God. If only you knew then what you know now. And this is how they treat many thousands of people in a similar situation to you, never mind the ordinary victims they persecute.

 

It just reinforces my own opinion that NOBODY owes these parasites ANYTHING. Use a CCA to get out of debt? Bullsh1t. It's the ONLY way to go, and any other legal way out as far as I'm concerned. Once it's passed to a DCA, the gloves are off. Feckem all, I say.

[psykix]

Can anyone help me with filling in an N244, taking into account all the info I posted above?

 

If I can get the judgment set aside, then at least I can start again and issue a defence?

 

Cheers!

[pmhcfc]

Hang on, I'll see if I can get someone over here that could help

[pmhcfc]

I've sent for the cavalry.... hope its not too late for them

[psykix]

I've just written a letter to the court requesting a form N244, so don't have it to fill in yet!

[pmhcfc]

You can get one of those off of this site http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[psykix]

Ok, got it - done all but section C, it's ok - think I know what to write there!!

 

Cheers!

[tamadus]

psykix,

 

pmhcfc asked me to run over and take a look, your in very good hands with seahorse tbern and company. Its after 1 am again here and I have to be up at 6 but I'll take a closer look at the thread tomorrow and assist where I can.

 

One thing does worry me, have you told the court you can't attend this week? if nto then do so and ask for an adjournment, also send thsoe CCA letters and SAR letters immediately, you can then notify the court that your awaiting the information so you can compile a defence.

[JonCris]

PSY

You must try & attend court in person.

 

Either way request a continuence on the grounds that you only became aware of the interim order after it was granted also that the claimant has not particularised their claim. Also mention that when they do you believe that these claims are 'time barred'

[make them aktiv runners]

Also state you are awaiting disclosure of orginal agreements and DCA to proof they had a deed of assignment from all 3 creditors. Court may order them to provide it quicker - stops them taking criminal acts when under eye of court.

 

Did you contact the credit reference agencies to see if these debts were on your record? If you did at the first point of DCA contact and they are not on, it is good proof that the debts appear to be more than 6 years old.

[make them aktiv runners]

Does anyone know if contents of the form are seen by DCA at any future stage? If so I would not mention the possible capital going into house at all - the fact that you have offered to pay earlier knowing probablytime-barred makes you an easy target for some alleged DCA practices.

 

If you really cannot attend court can you get some-one to go to offer your apologies to judge and makes sure he gets a photocopy there and then of what you are posting tomorrow. The more you apologise for non-attendance the sweeter the judge will be. A letter from your employer confirming you must work would look good too, assuming there is some-one at work you can trust to keep quiet or not ask too much of why you want it.

[psykix]

I'll be ringing the court today to explain!

 

Cheers for the advice!

[Rhia]

Hello and I am very sorry to hear of your story and support all the advice my fellow CAGers have given you.

I too would like to know how a dormant company can pursue court action. This may be repeating some but I would SAR original lenders and King's Hill (and that should be interesting) once you get this you can see what really is owed. In particular you need a copy of the original executed agreements in all cases and if they send you the original application form this will not do. You need to reduce the debts at the original lender's stage. You also need to ask the court for a stay. And yes I would complain to ILex re Cabot's lawyers. They are starting these claims without the correct papers.

[psykix]

I rang the court today. They were less than interested, and just said the letter I send today will be passed to the judge tomorrow. I may write another tonight and hand deliver it through the letterbox at the court tomorrow morning on my way to work. What should I write though?

 

Thanks for all the help so far, it's been a huge help!

[psykix]

Ok, I've posted the following by registered delivery to the court...

 

Hope it's ok!!

 

2nd April 2007

RE: Kings Hill (No.1) Ltd v xxxxxxxxxxx – 3rd April 2007 12pm.

Dear Sir,

There is a court hearing scheduled for 3rd April 2007 at 12pm. This is in respect of a “Charging Order Absolute”. Unfortunately, despite my best efforts I cannot attend, and would be very grateful if you could adjourn the case in order that I present a defence.

An interim charging order was issued against me, and I was not given the opportunity to attend the hearing. The first I was aware of it was when the claimant’s solicitors wrote to me after the event.

I intend to apply to have the judgment set aside, as to date the claimant has not particularised their claim, and I have not received, as is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) a true copy of the alleged credit agreements. Neither have I received a Deed Of Assignment in relation to the 3 debts.

I also strongly believe that the 3 debts that the claimant are pursuing, are in fact statute barred. If it turns out that this is not the case, then I still have grounds to pursue for unlawful charges relating to the original credit agreements, which I presume I would need to pursue with Kings Hill (No.1) Ltd, as they are the new creditor. I would also like to point out that Kings Hill (No.1) Ltd are now a dormant company, and have been since 15th January 2007. I’m not sure of the implications of this fact.

I would appreciate if you can take the above information into account, and hope that you will see fit to adjourn the hearing. I would appreciate it if the interim charge was removed until such time that Kings Hill (No.1) Ltd, can provide documented evidence of the debts that they claim I owe.

Yours faithfully,

[JonCris]

You must also fax it 1st thing in the morning then telephone to ensure it's given to the DJ before the time of the hearing.

[psykix]

I have no access to a fax in the morning.. I'm setting up a new site, setting up the new network infrastructure and so I ripped their old telephone system out today - new one going in tomorrow!

 

I have sent it registered, and written URGENT on the front of the envelope, and URGENT, documents relating to hearing on 3rd April 2007 at 12pm on the back...

 

Fingers crossed!