Need URGENT help regarding a court apperance next week - Wescot / MBNA

[markofaman]

Hello all,

I'm hoping someone can give me some advice / help,

I found out that I have a CCJ a while back and recently started the process of getting it set aside.

The hearing is to take place next Thursday at my local court;

the Original Debt was with MBNA credit cards.

This was taken out in 2000 and I defaulted when I became unemployed in 2005

this was then taken over by Wescot Credit Services.

I had payment protection but was self employed so it did not cover apparently

(I am about to start a PPI claim as well for this protection)

The amount is around £2000.

I made some payments to wescots agent MIL Collections of £5 a month but I have at the insistence of my girlfriend asked for proof of this debt from them,

stopped payments with them while they proved I had a debt with them and they have stopped chasing for this debt.

 

I received a letter yesterday from a litigation manager who works for Wescot.

He has done a witness statement with 12 points he is refuting why I should have the CCJ set aside.

He has CC the court apparently.

The letter does seem to be a template letter as it refers to me as a she a couple of times and other weird mistakes.

 

The CCJ was sent to my old address early 2008 but I had moved from that address 9 months earlier,

I have no recollection of having contact with them during this time and thought I had contacted everyone before I had moved.

 

I need help on if this is a scare tactic or if I have no grounds now etc. The 12 points are:

 

1: he states he can act on behalf of the claimant – no problem there

 

2: he states he has access to the claimants file of documents and computerised case management system – no problem there

 

3: He confirms the amount of the claim around 2k was assigned by MBNA to wescot in Jan of 2005

 

4: He confirms that the sum claimed relates to a MBNA credit card taken out in 2000, he confirms the credit card number and that it defaulted in 2004. He includes a computerized case management system printout – this is Wescots own system and nothing contains my signature or agreement with MBNA etc

 

5:He confirms that it went to Northampton county court bulk centre as a regular judgment

 

6: He states that claim form and judgment was served to my old address, he states the address. He states that in accordance with CPR 6.9 (2) were served to my usual or last known residence. He states I have given no supporting evidence that I have left the address and that I had not advised Wescot that I had left the address – As I was not in contact with them during this time I was not aware I had to inform them I had moved. I have proof of payment slips from my new job 80 miles away from my od address and also for my new tenancy agreement.

 

7: He states that I made payments to a external agency “Fredricksons” even though I had been making payments to MIL Collections. He has attached print outs of there system showing me making payments to external agency.

 

8: He states as I was making payment I acknowledge liability

 

9: He states under CPR13.3 (2) I needed to act promptly. He states as Wescot had entered judgment in 2008 and I did not start the process to get it set aside when I found out in April of this year that my application is a clear abuse of process.

 

10: He states that I had not provided evidence in support of my application, he then quotes a case of ICI chemical vs V TTE training ltd. Where he highlights that “a case should not proceed to trial on the basis that some further evidence may materialize in the future” - when I spoke to Northampton to check what I needed they said that I should gather my proof of why it should be set aside and bring it to the court hearing, was this bad advice? Do I need to send Wescot and the court a copy of my proof? I only have a few days till the court hearing.

 

11: He states that I need to have real prospect of successfully defending the claim. - I have asked MIL collections – wescots agent for proof that I owe this debt and they have no responded.

 

12: He states that a court should order that the claimant receives their costs when the court sets aside a regular judgment - not sure what he is getting at here.

 

So if anyone can give me some advice as to if I need to send of my proofs etc before the court case next week and to who etc?

 

Concerned person

[dx100uk]

def a scare tacic and quite naughty to do that too!

 

you didn't get the CCJ

it was sent ot the wrong address - end of really.

 

simple set aside.

 

dx

[dx100uk]

how old is this ccj?

dx

[markofaman]

CCJ is from 2008. So you think that I should just have to turn up at court (hearing time has been set for 30 minutes) give my evidence and it should be set aside?

[dx100uk]

i'll get omeone to pop in

 

there are lots of threads on this

 

just type in

set aside ccj

 

in our search top right

 

dx

[AndyOrch]

Hi Mark

 

DX as asked I pop in.

 

Ok they state that they was unaware of your new address, the few payments you did make they acknowledged them to your new address?

 

This is confusing " As I was not in contact with them during this time I was not aware I had to inform them I had moved. I have proof of payment slips from my new job 80 miles away from my od address and also for my new tenancy agreement. "

 

You really need proof that they was aware of a CoA before judgment to make a successful set a side.Otherwise service will be deemed good.

Having said that if the Set a side is successful what are your reasons for defending the matter? Set a side applications are 2 fold, no point set a side if you can not then offer a defence with merit.

 

Regards

 

Andy

[markofaman]

In 2007 I moved out from my old address and was not in contact with Wescot or there agents at the time.

 

The last payments they have record of near this time was 2005

whcih would have been at my address before my last one most likely,

 

then I started payments mid 2010 with MIL Collections of £5 per a month when they contacted me at my new address.

 

So to sum it up Last contact was with Wescot 2005 at my address 2 back,

CCJ at last address from Wescot 2008 but I had moved out 2007.

2010 MIL colletions agent for Wescot contacted me in and I started payment of £5 a month.

 

I am currently waiting for MIL Collections (Wescots agent to prove I have a debt with them, they have not been able to provide this to me.

[markofaman]

Also sorry the proof I have that I was not at my old address is:

Letter from my Mum showing I had moved in with her ( i moved in for a bit while looking for a new house)

Pay slips from my new job

Tenancy agreement showing my address at the time (which I moved into after my mums)

 

Sorry for the confusion.

[AndyOrch]

As long as you can prove that they were aware of your new address then that is enough to get the set a side., but as stated above then the DJ will want to ask briefly what is your intended defence?

If no Defence no set a side.

 

Andy

[markofaman]

I can't prove that they knew I had moved because I was not aware that I had to contact them, if you see my problem. And I do not believe I have a debt with Wescot which is my defense.

[AndyOrch]

Well your hearing is next week so this allows little time to prepare a proposed defence.Whos name is on the CCJ MBNA?

[markofaman]

No the CCJ name is Wescot SPV Limited

[AndyOrch]

Did you ever receive the following

 

A Notice of Assignment from either MBNA or Wetcloths?

A Default Notice from either?

 

Did you ever do a section 78 request asking for a copy of your agreement from either?

[markofaman]

A Notice of Assignment from either MBNA or Wetcloths? - No

A Default Notice from either? - I may have received a default notice from MBNA but it was some time ago now, so I could not confirm 100%

 

Did you ever do a section 78 request asking for a copy of your agreement from either? - I have asked for the below as part of a letter sent to them, this was sent via recorded post 2 months ago with a follow up letter and this week I am due to post a Estoppel letter.

 

"Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer you will be held culpable; you agree to pay all fee schedules; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further."

[AndyOrch]

Ok Mark this is what I would do, attend the hearing next week and refer to the points I have stated.I see little prospect unfortunately of the set a side being successful but you never know what mood the DJ may be in at the hearing, he may request proof of legal entitlement and the DN and the PPI if you raise these points.

 

You have paid for this application and if unsuccessful I would not persue it any further as the CCJ will fall off your credit file next year.

Pursue the PPI claim instead.

 

Regards

 

Andy

[markofaman]

ok Thanks Andy.

 

I'll update after the hearing and advise you as to what happened.

[AndyOrch]

That would be very beneficial to other posters to see what transpires.

 

Best of Luck

 

Andy

[dx100uk]

thanks andy for that

 

what seems strange here is i bet MIL made no ref to the CCJ when they got you

to start paying in 2010?

 

how did they approach you? threat-0-gram?

 

dx

[markofaman]

I Didn't know I had the CCJ until I got my equifax credit report as part of trying to sort out my credit rating.

 

They contacted me via letter to my mums address and threatened me with Bailiffs.

 

My Mum freaked out so I started a payment arrangement to get them off my back.

 

Oh and yes MIL Collections never mentioned the CCJ or removed that figure from my total amount owed, still shows the amount as the original figure.

[dx100uk]

ruddy fleecers

 

so what you paid them has never reduced the balance?

 

dx

[AndyOrch]

" Oh and yes MIL Collections never mentioned the CCJ or removed that figure from my total amount owed, still shows the amount as the original figure."

 

Thats why you should never pay a 3rd party debt collector, they cant account for payments or ever issue statements as per the CCA 1974 (2006) raise that with the DJ also Mark.

[markofaman]

My Balance has only ever gone up.

[AndyOrch]

My Balance has only ever gone up.

 

It will its called legalised theft:wink:

[AndyOrch]

Just an aside Mark if the balance is raising then interest is being added post judgment, the balance should remain static after judgment unless they are entitled to Post Judgment interest, which i very much doubt they are........raise that also!!!!!

 

Andy

[markofaman]

Another weird thing is the CCJ is for around £300 not for the full £2000 so not sure why that is either.