Spiritgirl -v- Various DCAs

[car2403]

Thanks Spiritgirl and the same back to you! It's nice to hear you talking about enjoying Christmas rather than worrying about these problems... a yuletide turnaround if ever I've seen one

 

Santa has been nice to me already, delivering Judgment by Default on my 4 (yes, read 'em, 4!) claims against O2! Woo hoo!

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111666-car2403-o2-wescot-dca-2.html#post1292180 (post #39)

[reduk054]

Hi SG, hope that you had a peaceful and enjoyable christmas, so pleased that you have managed to deal so effectively with this Lloyds claim before christmas. I sincerely hope that the New Year brings the correct result with this one. i.e. that (and I am sorry cos I don't know the correct terminology!) Lloyds drop the case, as at this stage, going to court will make them look a bit silly (IMO). I will not be around much again until the end of Jan. I hope that when I return, there is some good news waiting for me regarding this one!

Glad that you are getting such great help and advice, and support. Hope that 2008 is a better one!

Love

Red xxx

[spiritgirl59]

Hiya red

 

Thanks so much for your lovely message x Best wishes to you too for 2008, lets hope its a good year for us all.

 

I am praying Lloyds drop the case too, but it remains to be seen. My holding defence was an absolute little belter thanks to the great help and guidance I had from everyone, and whatever the outcome will be, I feel stronger for fighting back and giving those bullying bar stewards at Lloyds' Solicitors something to chew over! SG will not roll over without a fight, the gloves are off LOL!

 

I'll be back as soon as I have any news.

 

Happy New Year to all of you.

Love & hugs

SG x

[surprise]

Watching your Lloyds case with interest. They have admitted to me that they have no agreement but are still going to pursue the debt. This was over 2 months ago and I have heard nothing since my last letter to them which I sent a copy to OFT.

 

With the support you have got with this how can you defence be anything else but the best.

 

Best wishes to you for 2008.

[spiritgirl59]

Hi again friends

 

Well I got a letter from SC&M, Lloyds Solicitors today stating that:-

 

"Following our clients instructions in this matter, you are advised that we have requested the County Court to enter judgment against you. A Judgment Order detailing payment will therefore be sent to you by the court in due course"

 

er...hang on a minute...what about myholding defence served on them before Christmas....!!!!

 

Surely they cannot just instruct the court to enter judgment?

 

The last letter I got from the court itself acknowledged receipt of my holding defence, advised they had served a copy on the Claimants Solicitors and said THE COURT would be contacting me to tell me what would happen next!!

 

So I phoned SC&M and asked what on earth they were playing at. I was told that as I had entered NO DEFENCE they were asking for judgment to be entered against me!!

 

I told the woman on the phone (whose details I have noted) that not only did I send them a copy of my Holding Defence prior to Christmas, but the COURT served a copy on them on 19th December as well!!!!!!!!

 

She said they had had received nothing and there was nothing noted on their system so she "suggests" I phone the Court on Monday to find out what's gone on!

 

Interestingly enclosed with their letter was a "Standing Order Mandate" which they have sent for my use saying that:-

 

"if I prefer this method of payment please complete the form and send it direct to ourselves ensuring that there are sufficient funds in your account to honour the Standing Order arrangement" Alternatively a book of bank giro credit slips will be sent to you by our clients under separate cover in the next 7 to 10 days"

 

and then they go on to say how I can make payments at any branch of Lloyds TSB (nothing about how MUCH to pay mind you...not that they are getting ANYTHING of course!)

 

Finally they state :-

 

"Please ensure that payments are made in accordance with the Judgment Order to prevent enforcement proceedings, which will incur additional court fees and Solicitor costs for which you may be liable"

 

Talk about ruddy cheek! What the hell are they trying to do????

 

Do you think this is another "tactic" of theirs - send me such a letter in the hope that I will assume judgement has been entered and panic...but how can they say they have no Defence when the COURT has served it on them??????????????

 

Any ideas/views would be really appreciated before I telephone the Court Clerk on Monday guys.

 

The OH's mum has been really poorly and hospitalised so we've got a lot on our plate right now worrying about her, and other family problems besides. The last thing I need is this firm of incompetents causing mayhem!!

 

Many thanks

A totally amazed SG x

[sosumi]

This is unbelievable SG.

Bumping up xx

[car2403]

Personally, I wouldn't worry about this until you've had OFFICIAL notification from the Court.

 

This, to me, appears to be a blantant breach of OFT Debt Collection Guidance, in that they seem to be implying they have already had Judgment already - which isn't the case if it ISN'T official!

 

Wait until Monday, (take the weekend to calm down!) then call the Court to find out what stage the claim is at. If they have filed a request for Judgment, make sure that the Court has received your Defence (they've confirmed receipt already!) then send them this;

 

URGENT - TO THE COURT MANAGER;

 

Dear Sir/Madam,

 

Claim Number XXX

DCA -v- SG

 

I refer to correspondace that I have received relating to this claim that implies that the Claimant in this case has submitted a request for Judgment by Default to be entered.

 

After speaking to the Court staff today by telephone, I understand that this is the case and such a formal request has been received by the Court.

 

I would like to refer the Court to the correspondance I received from you dated xx/xx/xx in which you confirmed receipt of service of my Defence.

 

I would like the Court to note that, due to the service of such Defence, the Court is excluded from granting Judgment by Default under CPR Part 12 Practice Direction 1.1(2) and 4.1(2).

 

Where the Court has already wrongly entered Judgment by Default, I would hereby request that such Judgment is set aside under CPR Part 13 Practice Direction 13.2(b) in that a Defence was entered within the timescales allowed within CPR Part 15 Practice Direction 15.4(1).

 

Yours faithfully,

 

SG

 

Good old CPR! Sometimes they get this wrong, but a prod in the right direction usually always works...

 

[spiritgirl59]

LOL Car I love it ! You've made me feel so much better.

 

I find the whole thing unbelievable...but then should I be shocked at anything done by these DCAs/Solicitors these days!!

 

Thanks for your quick response, and also to Sosumi for bumping my thread.

 

I shall do what you say - am going fishing tomorrow with my OH to chill out for a bit - and then battle will commence on Monday morning !!

 

I'll keep you posted!

 

(((cyberhugs)))

SG x

[car2403]

Just to make you feel a little bit better, SG - this now seems to be a standard process for these Solicitors to follow while waiting for the Allocation process the Court follows to start, as they've done exactly the same thing on this thread, at this post;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/122545-help-wit-court-clainm-2.html#post1324317

[spiritgirl59]

Thanks so much Chris x I've subbed to Gaz's thread (where I saw your name is Chris so I can stop calling you a car LOL)

 

I'll be back to let everyone know what happens when I phone the Court tomorrow.

 

I wonder how many poor people have fell for this trick and think judgement HAS already been entered ... the mind boggles and it makes me so bloomin' mad

 

Love SG x

[babybear39]

Umm...I did...

[gaz2006]

Yes they are bar stewards keep me informed regards Gaz

[spiritgirl59]

Morning friends

 

Just spoke to a Court Clerk who advised me that the Claimant has "jumped the gun" in asking for judgment to be entered against me. She said the court have written back to them and told them judgment is refused and they need to respond to my Defence!

 

They have another week or so in which to do so, after which the case will either be stayed or barred. If they don't respond in the time allocated by the court now, they could bring the case up again in the future, but the court will want to know why they didn't deal with it the first time round.

 

Interesting to see what bow larks they now come up with won't it?, since they have failed to respond under CPR and not responded to my Defence!!

 

Must say I feel better now, I had a sleepless night about it. The Clerk was lovely, she said that this "often happens" (which is extremely worrying of course) but told me not to worry as they now have to abide by the court's request for a response by the given date.

 

Chris, I don't think I need to send that letter now do I?, since judgment has not been entered by default? She said to wait to hear from the court for allocation of the case to my local court if it goes ahead, so shall I sit tight???

 

(((Babybear))) I am so sorry you fell for their tactics my friend - I'm sure there are thousands out there who have done. They are as crafty as a barrel load of monkeys - I am being polite here!

 

(((Gaz))) good luck mate! you may be put on hold for a while because the court is busy, I had to wait a while to be put through. I'll watch your thread to see what happens with you too.

 

Love SG x

[car2403]

I'd say no - did you get the name of the person you spoke to for future reference, BTW?

 

I think this will "often happen" a lot more as these Solicitors seems to have adopted this as standard tactics! It might be worth a complaint to the Law Society, if they are regulated, (you'd be surprised how many "Solicitors" aren't!) to point out the impact it has having on litigants in person?

[spiritgirl59]

Hiya, yes I did take a note of the Court Clerk's name and the time I phoned for future reference. That's a great idea about a complaint to the Law Society IF they are regulated, I will do some investigating and see what I can find out.

 

Love SG x

[spiritgirl59]

:)Hi again friends

 

Spoke to the Court again today, these bozos SC&M have another couple of days in which to respond to my Defence otherwise this case will be stayed.

 

She told me that then if they want to resurrect it, it will cost them a lot of money to open up the case again, and in her experience this is very unlikely.

 

She said that the fact nothing has been received into court by now in her opinion nothing is likely to be, and they have had "no contact whatsoever" from the Claimant" (her words) but I've to phone back next week after the system has updated itself following the deadline.

 

Chris, I've checked and they are not with the Law Society, they are instead with the "Solicitors Regulation Authority" which according to that website is the "independent regulatory body of the Law Society of England and Wales".

 

Following the deadline for court I will be contacting them with the full sorry saga surrounding this incompetent firm.

 

I'll post back after the deadline.

 

Hope you are all OK.

Love SG x

[ncf355]

Not at all surprised by this SG

 

SCM have failed to reply to a claim I issued about 2 months ago (acknowledgment but no Defence)

 

Have applied for JBD but nothing from the court as yet

[mcuth]

Hi SG

 

Since I've heard absolutely nothing from SC&M on my case either, you just prompted me to call the court & see what's happening.

 

Apparently both AQs were received on 3rd January, but they haven't been put before the DJ for review as yet. That's going to be done today, so I should get an update from the court in the next week or so.... at least they're not trying the same trick in applying for judgement!

 

Meanwhile, I asked if I could have a copy of SC&M's AQ and that's now winging it's way to me

 

Cheers

Michael

[spiritgirl59]

:)Good luck Michael - I'll watch for your next post.

 

ncf I'm a bit naffed off to be honest - all the stress and worry I had, and all the effort put into preparing such an ace Defence with the help of everyone on here, and it looks like it will come to nothing.

 

One thing the Clerk did say which I forgot to tell you all was that she suggests after the deadline I write a letter to SC&M confirming the status of the case, and that they have failed to respond to the court or myself, so I have a copy of it for any future dodgy dealings they try to make. She said to send a copy to the court for their file too

 

Has anyone done this before in the same situation? Some help with appropriate wording would be great if possible? Or can anyone direct me to a thread where this kind of letter has been done?

 

And of course I can then send a copy of that letter along with my complaint to the Solicitors Regulation Authority and hope that SC&M get their backsides well and truly kicked

 

Love SG x

 

p.s. on another subject in this thread Creation Finance have confirmed in writing they cannot "enforce" their alleged debt until they provide an agreement (which they clearly don't have since they have sent me several copies of a very illegible freepost application form since this long saga began back last April) but say I am still "obliged" to start repayments. I have told them I will see them in court when they try to enforce it and have told them politely to go and visit a taxidermist for their own benefit So I would say "result" so far on this one!!

[reduk054]

hi SG,

just catching up again, and this is such an interesting case.

I know that it is fustrating for you, from the first point of contact from SC&M through to the ?impending? court action, and subsequent burying their heads in the sand, with all of the hard work that you and everyone who has helped you with your correspondence/defence etc. I would say though that good things have occured as a result of this case.

It looks reasonable for you, whatever the out come, in the sense that if SC&M do decide to crawl back out of the woodwork before the deadline, that you have a great defense and if nothing happens, then you have the complaints / reporting of SC&M to look forward to.

Also on another positive note, your recent posts have shown you as being so strong, and determined, and I think that this situ has been really character building, and hopefully giving you confidence too!

Fingers crossed for next week!

Love Red x

[car2403]

ncf I'm a bit naffed off to be honest - all the stress and worry I had, and all the effort put into preparing such an ace Defence with the help of everyone on here, and it looks like it will come to nothing.

 

Er... Don't you think they've seen your Defence and decided it isn't worth continuing? I'd disagree that the Defence has "come to nothing", if it works!

 

I wouldn't worry about doing anything until you know what's happening next - it's fine Court staff telling you what to do and how to do it, but ultimately only a Judge can stay the claim. I don't want to scare you, but that's the truth.

 

On the other hand, not long to wait now before you know what's going on - either the claim is stayed or you'll have a Court date set where you can put an end to this sorry state of affairs. It's win-win either way, but the war isn't over yet, SG... IMHO...

[Hopeful1]

Hi SG. I just wanted to add my support. Fingers crossed your defense has scared them off. Stay strong.

[spiritgirl59]

(((thanks guys)))

 

Red you are right, its definitely made me feel stronger plus its given me such a lot more knowledge now for if any other DCA crawls from under their stone and tries this kind of thing on

 

Er... Don't you think they've seen your Defence and decided it isn't worth continuing? I'd disagree that the Defence has "come to nothing", if it works!

Chris I did wonder about that today??? I'm not blowing my own trumpet here, but I used to work as a Legal Secretary and worked for some years in a Barristers' Chambers so I knew how to lay out the document to make a good impression if you know what I mean;) Forgetting its contents, it did "look" good. I've noticed these days that a lot of the legal formatting has gone by the board which is a shame. LOL I can remember typing up Conveyances on a MANUAL typewriter when I first started ...and you daren't make any mistakes cos you couldn't use Tippex!! (pmsl showing me age now ).

 

Anyhow what I am trying to say here is that I hope that the Solicitors realised I am totally professional and serious and will take this all the way!!...which I still may have to of course!

 

(((Hopeful1))) hugs to you x

 

Thanks again for your lovely replies, I'll post back when I have more news.

 

Love SG x

[popeye1]

Second that Good luck

[reduk054]

SG, hopefully you will not have to go through this stress again, and also that your defense has made SC&M think twice.

If the situ occurs that you possibly do have to go to court, is there anyone on here who could possibly be a court buddy? Think you are in the middle of the country aren't you?

Don't start me off about manual typewriters! Painful memories of the early electric ones that you could also not correct, I am suprised that I passed my typing exam! LOL Infact there could be lots of people who agree with me on this site from the state of some of my posts! At least now I know not to tipex the screen!

Fingers toes and eyes crossed for you SG!

Red x