Backdoor CCJ Arrows/Cater - Old Lloyds Card debt - set aside ***Claim Struck Out***

[maybelate]

Hi, I had not received any further communication from the claimant and the deadline on the court order has now passed so I decided to write a letter to them (copied to the court) to say how surprised that I was that they haven't made any attempt to contact me especially as they asked for a one month stay to try to settle before the hearing , then today I received another copy of the documents they had previously sent to me (post #98) stating that they are not obliged to send me a copy of the DOA as this is a "private agreement" between them and the originator and they have also said that as they have provided all the documents to evidence my liability of the debt I should contact them with a payment proposal immediately Shall I just ignore this letter and wait to see what comes from the court? Or shall I reply in some way?

[citizenB]

They are correct in that the DoA is a private sale agreement between the Original Creditor and the Debt Purchaser and as such, they do not have to provide it, unless of course the court ordered that they let you have sight of it.

 

What did you hope to achieve by seeing this ?

 

It would normally be a list of accounts with perhaps the value of the outstanding debt.

[maybelate]

Hi CB, tbh it was part of a list of documents that I requested in my Draft Order for Directions that was sent with the AQ.

[citizenB]

Righto - but how do you think it will benefit you if you were to see it ?

[AndyOrch]

You didnt request just the DoA as a singular document but proof of assignment MBL.

 

Here are your draft Directions:- (assuming you used the ones I provided)

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

o Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

o Document, contract or deed of assignment

o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

o Copies of any statement or other document relied upon

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

 

o An amended defence sufficiently particularised in response to the documents supplied by the claimant.

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

Regards

 

Andy

[maybelate]

Hi Andy/CB, yes I did use the draft directions that you suggested Andy, makes more sense why I asked for the DoA now . Do you think I should do anything else to follow up now Andy or shall I wait for the court to act (assuming that they will at some point)?

 

regards

Maybe

[AndyOrch]

Check the status with the court MBL and if the claimant has made any move, if not we will consider application to Strike Out.

 

Regards

 

Andy

[maybelate]

Okay Andy thanks will check with cc tomorrow.

[maybelate]

Hi Andy, I have checked the court order and the claim is stayed until the end of next week but the date when action should have been taken by has already passed. Do I need to wait until the date the claim was stayed until has passed or shall I contact the court on Monday to see if the claimant has made any contact?

 

regards

Maybe

[AndyOrch]

By action MBL you mean they or yourself inform the Court the result of mediation?

 

Regards

 

Andy

[maybelate]

The court is asking for either of us to take some action Andy (post #92).

 

regards

Maybe

[AndyOrch]

" On or before **date** one of the following steps must be taken

 

either

 

the claimant must notify the court that the whole of the claim has been settled Which it hasn't

 

or

 

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken toward settlement and identifying any mediator, expert, or other person helping with the process.Which neither of you have

or

 

all the parties must file a completed AQ at the court. Where a settlement of some of the issues is dispute has been reached, a list of these issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed."

 

So MBL you either make application to extend the stay or complete a further AQ

 

Regards

 

Andy

[maybelate]

thanks Andy, I don't think I want the stay extended, so it sound like I need to submit another AQ, but really not sure how to do this or what to put on AQ and only have a couple of days before other stay finishes

[AndyOrch]

Ok download a fresh AQ N149/150 and I will assist you in completing it.What date does the stay expire?

 

Andy

[maybelate]

It expires on 20 September Andy. I did send a letter to the claimant stating that they haven't supplied any documentation that was requested in my draft directions and I copied it to the court all before the date when the court order stated that action was to be taken by expired (6/9), don't know if this makes any difference though?

 

regards

Maybe

[maybelate]

Hi Andy, I've downloaded the AQ (N150, hope that's the correct one, it's the one I used before), but I really haven't got a clue how to fill it in, are you able to help please?

[AndyOrch]

Yes MBL I will run through this with you later this evening.

 

Regards

 

Andy

[maybelate]

Okay thanks for your help Andy.

[WiseEagle]

You have a duty under law to inform your creditor when you move. Judges know that debtors move to escape there debts and so you will not be able to use this reason to set aside.

 

What you must do is telephone the court, ask to speak to the Court Manager. Tell them your judgement number and say you cannot afford the amount you have been ordered to repay per month. The Court will then send you a form in which you must give a detailed breakdown of your monthly income. The form must be returned to the Court within 28 days and a hearing will be held. You may not need to attend but hopefully Judge will allow you to repay a reduced monthly amount that you can afford ( as little as 5 or 10 pounds per month). You must keep up the repayments. If you don't your creditor can apply to the Court to have an enforcement order against you.

 

Some County Courts have a duty solicitor who attends usually one morning or afternoon each week and you can go and see them and talk through this problem with them. You don't have to make an appointment and it will cost you nothing.

[DonkeyB]

What’s that smell?

[DonkeyB]

Have you actually read the thread, or are you trolling?

[Bazooka Boo]

You have a duty under law to inform your creditor when you move. Judges know that debtors move to escape there debts and so you will not be able to use this reason to set aside.

 

Could you tell me which Law? states this..... I doubt there is such a thing, and if your statement to have a CCJ set aside was "Well me moved to avoid this debt and they were able to award us one by default" will of course be very foolish.

 

Creditors and DCA's do obtain judgements by default, purely because they know the debtor has moved, but send the summons to the debtors old address with the sole intention of obtaining judgement by default.

 

:spy:

[AndyOrch]

You have a duty under law to inform your creditor when you move. Judges know that debtors move to escape there debts and so you will not be able to use this reason to set a side.

 

Well having successfully set a side on the 4th July obviously the DJ thinks there are trialable issues and that the Claimant gained judgment by using underhand tactics and so we proceed with the claim and defend the matter against the unscrupulous methods adopted by these DCA,s.

 

Can you point me to the last AQ MBL.

 

Regards

 

Andy

[maybelate]

I used the one in the link that you kindly provided for me in post #80 Andy and edited it to suit.

 

regards

Maybe

[AndyOrch]

Ok yes so its virtually the same apart from one provisos..... :

 

 

Under A your response ....Having tried ADR with the Courts Mediation Service it would appear the Claimant is not perceptible to any offers put forward in narrowing any differences in this claim and made the situation untenable if anything.

 

Directions are the same.

 

Ok for now MBL?

 

Regards

 

Andy