Buchanan clark wells - ccj help - **CLAIM DISCONTINUED**

[Mightyacorn]

Follow the link below and check if CCJ exists:-

 

Check the registers for your CCJ, judgment and fine records - Trust Online

 

Cost you £8 but worth it.

[cosalt]

Have already checked as suggested further up the thread, checked both addresses (£16 ) nothing on either.

[Mightyacorn]

Sounds to me that a SAR would be handy, served on BCW. I don't believe that a debt can be sold on after a CCJ granted.

 

I would still post all your correspondence on here, the exact wording used is very helpful to those giving advice.

[cosalt]

Ok thanks again Mighty, will try to post up today.

[cosalt]

Here we go links to correspondance, all sent to correct address.

 

http://i407.photobucket.com/albums/pp152/cosalt/BCWNOA.jpg

http://i407.photobucket.com/albums/pp152/cosalt/HowardCohenCourtClaim.jpg

http://i407.photobucket.com/albums/pp152/cosalt/HowardCohenNOA.jpg

http://i407.photobucket.com/albums/pp152/cosalt/BCWPOSTLEGALNOTICE.jpg

http://i407.photobucket.com/albums/pp152/cosalt/BCWDEMAND.jpg

[Mightyacorn]

I am totally confused by this one. What I suggest you do is check the progress of the claim via the link:-

 

https://www.moneyclaim.gov.uk/csmco2/frontendcontroler?eForms_action=next_LoginCommand

 

Put the claim number in and indicate that you've lost your password. I can't understand why the Court wouldn't/couldn't tell you.

 

I have a feeling that somewhere along the line Cohen's have made a cock-up and have realised they've made a cock-up so have withdrawn the CCJ claim.

[cosalt]

I am totally confused by this one. What I suggest you do is check the progress of the claim via the link:-

 

https://www.moneyclaim.gov.uk/csmco2/frontendcontroler?eForms_action=next_LoginCommand

 

Put the claim number in and indicate that you've lost your password. I can't understand why the Court wouldn't/couldn't tell you.

 

I have a feeling that somewhere along the line Cohen's have made a cock-up and have realised they've made a cock-up so have withdrawn the CCJ claim.

 

 

Hi again, have tried logging on and hitting lost password and all it says is to phone a number to regain access. They then ask for security questions from the paperwork which we don't have....................

[Mightyacorn]

Hi again, have tried logging on and hitting lost password and all it says is to phone a number to regain access. They then ask for security questions from the paperwork which we don't have....................

 

 

All I can suggest then is that you phone the Court up again on Monday, and try and get a proper response from them. I have never had any problem with them.

[cosalt]

Will do, hope to have some answers monday !

[Huff&Puff]

I think this may well be another case of a "phantom" CCJ. Read this thread and see what you think:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206823-have-you-received-phantom.html

 

There are many other threads in a similar vein too.

[cosalt]

Thanks for the heads up huff&puff, have posted over there.

[Bazooka Boo]

I agree H&P, if they have truly gained a CCJ then it does beg the question why they are still asking for payment?

 

The Judge will have set the amount you will have to pay them, not them asking you to pay a figure they have plucked out of the air?

 

Either way setting up a direct debit with any of these DCA's is a very big no no!

[cosalt]

Ok, we have made some progress, have contacted the court and they have forwarded on a copy of the claim. It is dated 28th July but no Judgement has been granted.

 

Not sure what to do now ? The court says I need to put in a defence, for both it being sent to the wrong address and against the actual claim.

 

The other thing is the debt has been asigned to Aktiv Capital in December, what bearing does this have? Can CL finance still get the judgement granted or can Aktiv Kapital, or neither ?

 

Thanks for your help.

[palomino]

If the court says to do it then you should do it.

You can also add that the claimant has assigned the debt to another party and now has no cause to bring the claim - your defence is that the claim is not valid as the debt does not 'belong' to the claimant.

 

These people are really incompetent.

[cosalt]

Thanks for the advice palomino.

 

Is there any particular wording for the defence or can I just put it down as I see it with no need for 'legal talk'

[cosalt]

Bumping up, I could do with some help with the defence.

 

[cosalt]

Anyone able to help me with the defence on this ?

 

I really need to get this sorted asap.

 

Thanks in advance.

[supasnooper]

Palomino has advised you as to your defence.

 

There is no particular need to write it in legalease.

[Mightyacorn]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206593-howard-cohen-discussion-thread-8.html#post2980027

[cosalt]

Thanks mightyacorn

[Mightyacorn]

Now we need a short resume of where we are please Cosalt

[cosalt]

Ok, here it is-

 

1. Received a letter from Howard Cohen (CL finance ) stating they had got a CCJ against us

 

2. Upon checking they had put in a claim to our old address, this was then changed with the court and received by us. However no judgement had been obtained.

 

3. Letter received from Buchanon Clark wells stating Aktiv Kapital had bought the debt from CL finance.

 

4. Defence sent to court stating the claim had been sent to old address and the claimant had sold the debt so had no right to claim anyway.

 

5. AQ received which was sent back saying basically as above and asking for claim to be struck out.

 

6. Received order saying hearing next monday to decide if debt has been properly assigned and if so what the defence is.

 

 

Now there is an update to this, we emailed Howard Cohen today to say the we would invite them to discontinue as we have the letter saying they no longer own the debt and it is clear we will win. this was a chance for them to stop incurring costs. They have replied saying they have no record of receiving an order and will consult with their client when they do.

 

cosalt

[Mightyacorn]

I take it no DN or NOA from anyone

[Mightyacorn]

Here we go links to correspondance, all sent to correct address.

 

http://i407.photobucket.com/albums/pp152/cosalt/BCWNOA.jpg

http://i407.photobucket.com/albums/pp152/cosalt/HowardCohenCourtClaim.jpg

http://i407.photobucket.com/albums/pp152/cosalt/HowardCohenNOA.jpg

http://i407.photobucket.com/albums/pp152/cosalt/BCWPOSTLEGALNOTICE.jpg

http://i407.photobucket.com/albums/pp152/cosalt/BCWDEMAND.jpg

 

 

Save looking for old posts

[Mightyacorn]

You could do with a copy of the County Court Claim, to see what POC says, without that you can't really do a CPR request. Contact the Court see if they'll email you a copy, or if you can pick one up.

 

I'm not sure what the position is where a claim is made, and then the account is sold on, perhaps someone could have a look at that side of it.

 

It looks to me as though Cl have sold the account to Aktiv, and have told them there is a CCJ in existance....I don't think they'll be too happy when they find out there isn't.

 

Whilst all this is going on, I'd do some SAR's to Santander, CL Finance and Aktiv, see what they've got