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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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Help Please!! Claim struck out


Harvey32
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I just got a letter through today saying that the defence and the claim had been struck out for failing to comply with directions.

 

The problem is that I did comply, I sent in a full court bundle from here and all the other details that were asked for.

 

I phoned the court and asked why the claim was struck out and they weren't sure. I've since sent over the proof of delivery for my bundle which was delivered on time.

 

Could there be anything else I've missed? I'm gutted. :mad:

 

Any suggestions what to do now the claim has been struck out?

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This is a nightmare! The court rec'd my fax with proof of delivery and it now seems they have lost my bundle!

 

They will show the judge the evidence that I did submit it on time and I have to call back tomorrow afternoon.

 

Anyone know what happens in this situation?

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Harvey32,

 

Do not panic because a lot of people have not had a similar experience. However, the evidence exist that you submitted your bundle. The court may be overloaded with paperwork and may have misplaced your bundle.

 

When you call them tomorrow, ask them if they require another copy of the bundle they misplaced.

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Thanks Benny. I told the clerk that I have copies and can submit a new bundle if needed.

 

I just could have done without this so close to the finish. I hope my case get re-instated tomorrow and judgement is given against Abbey.

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how exactly did they word it did it say struck out beacuse of abuse of process or struck out the defence well its not been struck out because of anything youve done i think your the claimant not the defence thats the abbey so im would contact the court first thing and see whats going on cos i think u can ask for judgement on this dont quote me on this but well thats what it sounds like to me you need to find out exacly why its been struck out and take it from there but i dont think this is necessarily bad news xxxkia

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yes but surely it would be the claimant would be struck out thats you not the defence how can they strike out defence when its your bundle thats been lost do you get me can u not just print another copy just in case its needed cos as far as i can see this is the courts mistake so its up to them to correct it let me know what they say the courts its inefficent though to lose something that important isnt it good luck xxxkia ps not u annoyed at by the way hope it didnt come across like that its just this is hard enough without the courts losing stuff

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Thanks Kia. Abbey didn't bother to send a bundle into the court so as mine was lost their was no evidence for the judge so I guess he thought best to strike out both the claim and defence. I was fuming when I found out what happened.

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Hi harvey, It's not N'pton by chance? Last month I recieved a court letter saying case had been struck out because I hadn't submitted my bundle and like you I went nuts and had proof of delivery on time, basically, they found my bundle and sent it up to a Judge to be reinstated as it was their error, in my case it's been reinstated no problem but Abbey now have until about 21st to sort themselves out.... (originally it was 1st sept)..........So, if it's as you say then their shouldn't be any problem getting the case reinstated:) hope this helps

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looks as if they make a habit of it dont they but if they found chelseas then they might find yours too and u could say well u do seem to be making habit of it maybe even quote chelseas claim if that was alright to see if it will influence judge id be seriously p..d off too ill watch your thread see how the two of u get on xxxkia

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  • 2 weeks later...
  • 3 weeks later...

Just got an order through that the defence has been struck out due to non compliance and have been awarded judgement in default.

 

Please can anyone suggest what to do from here? Can they appeal against this? Thanks

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thats brilliant news, I too find it very strange that they manage to "find " your bundle after you send proof of delivery.

 

There should be a little tear off strip at the bottom of one of your bits of paper from the court, but speak to them as to how they want to play it, I would just fill it in and post it off (recorded delivery) to the bank or even take it there yourself and get a receipt.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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They might try but there is no guarantees that it would be successful, so ring the court Monday, On the notice that you received when you file should be the bit where you ask for judgement and show how you want to be paid.

 

In short, dont delay and get it done :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 2 weeks later...

Hi Harv, whats the news as i'm about 5 days behind you, recieved judgement in default on the 17th, not sure how to get the money, just seeing if you've had any progress..... also my claims over 5k, does this make a difference? for further info read the last few pagws of the thread, Chelseaboy vs abbey....

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Hiya Chels, makes no difference the amount of your claim, if the DJ says they have to pay, then they have to pay

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Chelseaboy,

 

I phoned the Court on Friday and informed them that Abbey hadn't paid up yet and they said that they should of by now. The court are sending me an enforcement pack out in the post but it hasn't arrived yet. I'm not sure what to expect either?

 

Hi Harv, whats the news as i'm about 5 days behind you, recieved judgement in default on the 17th, not sure how to get the money, just seeing if you've had any progress..... also my claims over 5k, does this make a difference? for further info read the last few pagws of the thread, Chelseaboy vs abbey....
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