Marlin/Phoenix CCJ on HSBC OD debt now want SD - Charging Order objection - ***WON***

[hammyhound]

Well Molly if the judge ordered it I would say they would have to supply copies to them.

 

As I said I would write to them asking for copies and also possibly ring the court to see if they have sent copies to them also.

 

Even send in another objection letter stating that your other creditors will be severly prejudiced by this creditor as your other debts are are larger.

 

Have you been given a new date for your next hearing.

 

Keep an eye on the date. If you or the court have not heard anything within the 28 days ring the court to check if anything received by them, if not and you haven't received a court date send a letter in to the Judge explaining that the Claimant's solicitors have now breached the order.

 

Put the pressure back on to them.

 

HH

[OnMyWayOut]

Is it possible to request copies of the letters sent by the solicitor to the other creditors and their repliesto prove that they have actually contacted them prior to going for the charging order?

[molly13]

Hi

No new date as yet..though I do wish they'd hurry up.I just want it over and done with.

I've phoned DCA this morning, they said they 'were in the process of doing it'. Phoned the court, nothing logged on computer as yet, they are behind with paperwork!

I'm going to write to DCA asking for copies of letters, and I am also considering a complaint to SRA regarding their solicitor breaching CPR 73 in denying knowledge of the other creditors.

 

Molly:)

[hammyhound]

Personally and this is my opinion, I would ask for proof that the letters were sent and received by the other creditors ie ask for copies of the receipts signed for by the other creditors. Ask the solicitors have they sent the letters and if so they should send them by RD just to make sure that the other creditors receive them.

 

Keep on at them Molly don't forget they can slip up and you will have the upper hand.

 

If they don't send the letters RD tell this to the judge and explain that there is no proof that your other creditors received the same - keep the pressure on them.

 

HH

[hammyhound]

When I had my CO hearing the "agent" couldn't find the copy letters!!! He just assumed I would not turn up and he would have an easy afternoon.

 

Second hearing they faxed a letter to the court that morning saying they had only just been informed of the hearing - I knew about the hearing 2 months before. Judge threw their case out saying "if they can't be bothered to turn up they obviously don't deserve the second chance".

 

Dont forget Molly post back if you receive a hearing date.

 

HH

[molly13]

Hi HH,

Thank you for your encouragement, it is much appreciated:)

I'll keep you updated.

 

Molly

[molly13]

Hi, Further to my post #9, when I phoned the DCA to ask if they had informed the other creditors....

 

I have today received a letter from DCA asking me to supply further details of other creditors,ie ac.no's, addresses etc.

I have already provided them with lists of creditors several times over the last four years, so am I legally obliged to do this again?

The judge ordered that they should serve the other creditors on the list in front of him,so I don't really see why I should do their work for them!

And anyway, I am of the opinion that if they wanted to know,they should have asked before applyinf for the CO!!

So what do I do now??

Any input much appreciated, thank you.

Molly:)

[hammyhound]

No Molly dont ring or write. The Judge has ordered that they inform your creditors - why should you do the donkey work - cheeky buggers. They have the means and powers to obtain access to your other creditors - obviously when they told you they were "in the process of writing" they were lying as they have now asked you for the information.

 

The judge did not say "Molly you give the DCA all the information they need so that they can get a CO on you" ignore them they are under a court order and if they don't that's their lookout not yours.

 

HH

[molly13]

I thought that I wouldn't be obliged to supply the details...

But I do worry that the Judge would find that I was being obstructive in not doing so...

Thanks again HH

Molly

[hammyhound]

Molly have a look on their application it should say other creditors and their addresses. They should be writing to the creditors. Why would a judge think you are obstructive?

 

HH

[molly13]

Hi HH,

 

On the application form they state that 'they are not aware of other creditors'.

However they have been sent several letters with names and outstanding amounts of creditors, including with my letter of objection to the court. which is what the Judge looked at,at the hearing. There are no addresses though, but they are all well known companies, so therefore, in my opinion, should be easy enough to notify.

I think they are just being lazy!!!

I am going to phone the court this morning to see if a date has been set yet.

Molly

[hammyhound]

Molly,

 

that is deceitful because a judge looking at the application would automatically assume you dont owe any other money. They will be aware of your other creditors.

 

Dont ring them, the clock is ticking and yes chase up for a court date.

 

Imagine at the hearing, sorry judge we haven't sent the letters as we dont know the other creditors!!

 

BTW jot down your other creditors and their amounts ready for the court hearing so you can say that as the other creditors have not been informed they will be severely prejudiced as the debt owed to them is far greater.

 

HH

[molly13]

Hi HH,

Sorry, had a few PC probs.

 

Update as follows...

hearing date 27.8. No replies from DCA re. request for copy notices to other creditors. I'll phone one or two of the lesser creditors a few days before the hearing to find out if they have been served or not.

Well, I'm ready for it.. ( I hope)

Molly

[hammyhound]

Molly,

 

Are your other creditors receiving up to date payments.

 

If they are yes by all means ring them up as you say to see, get the person's name etc if they say they have not been advised so when you attend court you have more ammunition.

 

You never know they could have been advised and might have already sent a letter to the court stating their objections.

 

Good luck

 

If anything turns up before then update your thread!!

 

HH

[molly13]

Hi,

 

Well I'm absolutely steaming at the moment. I just don't believe some so called solicitors:mad:

 

I have today received a letter from sols. inviting me to agree to have the next hearing adjourned!!!! Due to my lack of co-operation, they have been unable to serve the other creditors in time.... If I don't agree to adjournment, they will make a formal request to the Court.

They have had bags of time, and now they are blaming me:confused:

I am going to write a letter of objection to the Court and hand deliver it during this week. Get in there before them as it were.

Sorry about the rant.

Molly:)

[supasnooper]

Make sure you attach a copy of the solicitors letter to your letter of objection when you submit it to court.

[robcag]

Hi Molly

 

Correct me if I'm wrong, but from your thread I understand that it is a DCA and their solicitor who are trying to get a CO, and not the original creditor?

 

I'm no expert, but if so, there might be another angle of attack which may stop them in their tracks, even if it only adds a delay to them proceeding.

 

Who obtained a CCJ against you, the OC or the DCA?

 

What I'm thinking is that if the DCA are claiming to have been assigned the debt upon which the OC obtained a CCJ, then this would bring in to play the matter of a Notice of Assignment being properly served on you in accordance with the law of Property Act 1925.

 

As most of these so-called assignments seem to bypass the requirements of proper service, they are unlawful (unless you acknowledged receipt in some way) and the DCA could then be put to strict proof that they have lawfully served you with a NoA.

 

Perhaps I'm barking up the wrong tree though ..... ?

 

Cheers

Rob

[molly13]

Hi Supasnooper and Rob

 

Thanks for your replies.

Letters written and ready to go tomorrow, and yes all correspondence has been attached to the objection letter.

 

Rob, it was that DCA, you know our mutual friends who really, really "get tough", and as you know from my previous correspondence the NOA is worthless, but due to all the queries about it, they know I had received it.

I just can't believe the nerve of them, when the judge at the hearing told them to supply an explanation for their false evidence.

I'll keep you updated.

Thanks again.

Molly

[molly13]

Hi,

 

Well I'm even more steamed up today..

 

Objections was lodged with court and copy sent to solicitors.

 

By the way,this account was passed from the solicitor who brought the claim and obtained the CCJ, to another solicitor who brought the application for CO and was ordered to do as above and to which I sent objections etc.

Just got home todayto find a letter from the 1st solicitor enclosing a notice of change of solicitor sent to the Court and informing me that they have applied for an adjournment.

 

What is going on???? Now they have suddenly decided to take it back!!!

Are they are just messing me about?

 

This is in my opinion getting completely ridicilous.

 

Is the judge more likely to adjourn now?

 

It is really beginning to stress me out now and all I want is for it to be sorted one way or another.

 

Any comments gratefully accepted.

Molly:)

[molly13]

Actually, thinking about it, are they allowed to change solicitors in the middle of a case?

 

Molly:)

[robcag]

Hi Molly

 

Actually, thinking about it, are they allowed to change solicitors in the middle of a case?

 

Molly:)

 

I think they are allowed to change solicitor providing they notify you (required by one of the CPR rules).

 

I recall this seems to be a favourite trick of Restons, first notifying that they are no longer acting, then notifying that they are the new solicitor.

 

All highly confusing and annoying!

 

Cheers

Rob

[molly13]

Thanks for that Rob, just wonder what the judge will make of it?

 

Molly

[molly13]

Do I now also have to serve a copy of objection to this sols. or will the other one have passed it on?

 

Molly

[molly13]

I am a bit stuck at the moment...

Has anybody got any idea how I proceed now, please?

Ideally I want to deal with it before the week-end.

Do I just wait to see if the Court adjourns or is there something else I can do?

 

Thanks in advance

Molly:)

[lilly white]

well if it was me i would fold my arms take the letter to court with you.

 

Its down to them ,their move not yours.

 

Regards lilly white