backdoor HSBC/DG CCJ - Now going for CO to seize my home?

[AnimalMagic]

I have had a response from the HMCS with a form letter with an option saying 'please note we are a bulk issuing centre and deal with claims from all over the country. If you did not receive any notification of these proceedings the you are entitled to apply to have this judgement set aside. please find forms and instructions'

 

One assumes then that there is a judgement, even though there is no case number mentioned and no obvious reference to it. The claim is for £2034 of which £700 odd is charges over a 6 month period. Anyone point me to how to proceed from here? Obviously I fill the form, but I'm wondering about recovering these excessive charges.

 

Regards

-Terry

[AnimalMagic]

It may be that you have a corrupted FF profile...my suggestion is that you download the portable (for a fast diagnostic) version of FF, and check the offending page again. If everything is 'clean' then you will definitely need to rebuild your profile.

 

Don't think it's a FF profile problem as I see it on FF and IE, but only in the HSBC forum.

 

Regards

-Terry

[natalie]

FAQ's. Take one step at a time and don't try to rush things., That's my advice anyway.

[Spiceskull]

Hmmm - interesting. I don't see it anywhere, and I use both browsers (...because I am a really really sad muppet...!)

 

If you still have the problem, post the URL - I want to look at this some more because (yes, you guessed...I am a really really sad muppet...!)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[BankFodder]

Write to the solicitors. tell them that you have no knowledge of a judgment or of any action against you.

Ask them to send you a copy of the judgment AND their particulars of claim. Sen your letter by recorded delivery - keeping a copy, of course.

Don't fill in any court forms yet

 

Can you keep me informed by pm when you post on this one please because you may be able to turn the tables a little. Please link me to this thread when you pm me.

Thanks

[henrysdad]

Animal Magic, when you write to, or visit, the County Court you might be well advised to not mention receiving the first letter informing you there was a judgement as you may be criticised for not taking action at that stage.

 

I am not qualified to say but I would have thought the Law Society would not approve of a Solicitor writing to a putative defendant stating that a Judgement existed when it did not - this would not apply to a shyster debt collector though.

 

Having said that, I have just looked up "shyster" in the OED and it is described as a "lawyer who uses unscrupulous methods"

[AnimalMagic]

Write to the solicitors. tell them that you have no knowledge of a judgment or of any action against you.

Ask them to send you a copy of the judgment AND their particulars of claim. Sen your letter by recorded delivery - keeping a copy, of course.

Don't fill in any court forms yet

 

Will do...

 

Can you keep me informed by pm when you post on this one please because you may be able to turn the tables a little. Please link me to this thread when you pm me.

Thanks for the offer, I could do with a little help

 

I am not qualified to say but I would have thought the Law Society would not approve of a Solicitor writing to a putative defendant stating that a Judgement existed when it did not - this would not apply to a shyster debt collector though.

It is illegal for a debt collector to say this, if it's not true. But getting any action is costly and difficult, especially when you're in debt.

 

Thanks for all the input...

 

Regards

[AnimalMagic]

Just tried to do a screenshot and it looks like it's all fixed

[Spiceskull]

Kewel!

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[BankFodder]

Yes, I don't know what it was because the HTML tags seemed all to be identical. however copied one which worked correctly and pasted it into the heading for each of the faulty forums, altered the text within each set of tags so that it showed the correct froum and hey presto it was all fixed. But they didn't appear to be at all different - and you could see from your browsers before it was fixed that the tags appeared to be correct.

Strange

[AnimalMagic]

Earlier this year I had a default judgement against me. I hadn't received the court papers and didn't know anything about it. I have informed the claimant that I am going to apply to have the judgement set aside and they have responded by applying to enforce the judgement.

 

I have yet to apply to have the judgement set aside - the claim is for an overdraft facility which I was unable to repay. They added £700 in charges over 6 months on an amount of £1300. I beleive the charges are disproportionate and that will be the basis of my defence and counterclaim.

 

Question is, how do I tackle this application to enforce the judgement. Do I simply send in the appication to set the judgement aside, or do I inform the court of what I am doing? Can I simply defend the enforcement with a counterclaim for the excessive charges? The judgement and the enforcement are at two separate courts. If the enforcement hearing goes ahead, will I still have the opportunity to have the judgement set aside?

 

Regards

[JonCris]

Whilst I know it's a little late but as a warning to others you should not have informed the claimant of your plans until you where ready to proceed. You should have explained (in writing) your reasons requesting they agree to the setting aside & given them only a very brief period for responding. If they didn't you should have then made your application.

 

You should make an application NOW to have the judgement set aside pointing out in your application that the claimant after as a matter of courtesy being informed by you of your intentions is attempting to circumvent the system by enforcing judgement without allowing you a fair hearing.

 

Unless you know any different the reason they have applied to another court is in case you had already made your set aside application to the original court & they wanted to beat you to the punch.

 

As the matter has now been transferred my advice is to seek to have the new court set aside the judgment asap then tell them they can't legally enforce the order

 

Also if they added £700 in charges I suspect that after adding their contractual interest rate you might find you owe even less than you thought.

 

PS make your application in person & don't forget to tell the court the matter is urgent. Take 3 copies (1 for the court & 2 for you) & ask them to seal your application while you wait as you intend serving them yourself. Then send a sealed copy of your application to the claimant by PO's "track & trace"

[AnimalMagic]

Thanks JonCris,

 

As the matter has now been transferred my advice is to seek to have the new court set aside the judgment asap then tell them they can't legally enforce the order

 

Should this be in the form of a letter or the actual application? I have yet to prepare the letter to the claimant demanding disclosure under DP which I will need for the defence. I am self employed and working all hours to establish my business, so time is precious! I not quite sure what order to do things.

 

Regards

[Guest Zooman]

Hi,

 

When you fill in the N244, put both the Claim number and warrant number.

 

intend to apply for an order ( a draft of which is attached) that

 

(1) An order to set aside the Judgment in default to allow defendant to file a defence and counterclaim. (2) Suspend the enforcement of the [County Court Warrant] [writ of Fi-Fa].

 

 

As said you should send it to the Court that issued the Judgement (can you tell us which court this is and at the same time is this your local court). I doubt it has been transferred, what will have happened is that they will apply to the Court they got Judgement at for the warrant and your local Court bailiff will be collecting the money, quite normal.

There is no need to to do it in person (and if it is not your local Court it may be impossibile). Just send it with a chq for £65 to the Court the bailiffs WILL not enforce once the court has this until the court has made a ruling on the order.

 

Keep a copy just in case the bailiff comes while it is still in the post (is it a County Court Bailiff or High Court Enforcement Officer), he will take you word on it. So fill out the form today and if it is not your local Court post it today at your sorting office PO and you may find they have it tomorrow (I know it Sunday sorting offices work on Sunday and early Monday).

 

You only need one copy in the envelope of the N244 and no covering letter and self serve is not an option.

 

The only other thing is if it is a "High Court Enforcement Officer" enforcing a writ of Fi-Fa you need to Fax them a copy of the N244 today, just in case they are coming tomorrow, if they are coming they will not take anything with order in but they will add a lot of fees so you need to show them that there is no point in coming.

[Guest Zooman]

post your grounds for a set aside before you send it and I will go though them.

[JonCris]

A letter will only provoke them to try & act quicker. Get your application court sealed & delivered.

 

You must decide your priorites but doesn't the judgment make it harder for you to build your company & do you really want to go out to work everyday worrying about what might happen.

 

I would suggest no matter how difficult you take a couple days off & concentrate on this.

[AnimalMagic]

As said you should send it to the Court that issued the Judgement (can you tell us which court this is and at the same time is this your local court). I doubt it has been transferred, what will have happened is that they will apply to the Court they got Judgement at for the warrant and your local Court bailiff will be collecting the money, quite normal.

 

The judgement was from the Northampton bulk processing centre. The latest judgement and summons is from the Chichester County Court, which is closer (20 miles), but not my local court. My local court would be Guildford or Aldershot & Farnham, both 15 miles away.

 

The summons is for a hearing to decide 'whether the charge created by this order should continue (with or without modification) or should be discharged'

 

The hearing will be heard on 12 Oct 2006.

 

On the 18 Aug 2006 at Chichester, they appear to have been given a charge over my property. I was not informed of this either.

[Guest Zooman]

No that is right also that would be the first time you heard from them about the Charge.

 

PM sent

[JonCris]

Charges are frequently placed on a persons property without their knowledge. The 1st time they discover it is when they either try to sell or remortgage.

[AnimalMagic]

Hi Guys,

 

I wasn't able to attend court and the court doesn't seem to have taken any notice of my submissions. They have ordered that the charging order should continue. I have received a letter today from DG Solicitors saying that unless I pay up, they are going to apply to enforce the order for possession and sale of my property.

 

I have written to First Direct, the first data protection template letter on 11th Oct 2006. I have had no response.

 

I do not believe I can go to court without the disclosures requested in my letter, so where do I go from here?

 

Original thread here: http://www.consumeractiongroup.co.uk/forum/hsbc-bank/2567-dg-solicitors-court-judgement.html

[MrShed]

For that amount of money, it is EXTREMELY unlikely that any court would enforce the sale of your property. And when I say extremely unlikely, I mean virtually completely unheard of. Are you planning to sell your home within the next six years? There is an argument(although not yet sure if this has been tested in court), that a charging order becomes unenforceable 6 years after the initial order.

[AnimalMagic]

Thanks for the advice.

 

I have now had a letter this morning saying I must pay them £800 by yesterday or they will send in the baliffs... I have had no response to my data protection request.

[JonCris]

Thanks for the advice.

 

I have now had a letter this morning saying I must pay them £800 by yesterday or they will send in the baliffs... I have had no response to my data protection request.

 

Assuming you sent a CCA demand & £1 PO write NOW & send recorded reminding them of your demand.

[AnimalMagic]

I sent the first template letter in the library here, along with a cheque for £10. I just noted that their letter is dated 27th Oct - 1 week ago. I had a previous one about a week before that. I think they're trying to enforce it before I am able to get my case heard. Is there anyway I can stop this?

 

Should I just submit my request to have the judgement set aside anyway, without the DP response?

[JonCris]

You sent a S.A.R - (Subject Access Request) not a CCA. Yes you should submit your set aside application now. I also strongly advise you find the time to attend any hearings in the future