IDR/LINK CCJ - MBNA Virgin Card - oppss i all but ignored the claimform now CO attained too

[s8n]

Hi Guys.

Due to persdonal issues i have been battling debt issues for some time.

Through the CCCS i worked out i had around £39k worth of unsecured debt.

 

My case has been on going with the CCCS, but because of long bouts of severe illness its dragged out a bit.

 

I told all my creditors in writing of this.

 

I was contacted by a company called IDR finance in regards to a debt with MBNA.

At the time i think i owed them £3016.

 

IDR had already started taking legal proceedings against me for this debt.

 

I received a claim form from the courts, to which i responded to the court explaining my situation, explaining my total debt, and that i had an a surplus income of £3 a month.

 

I also said my case was with the CCCS who was helping me with my situation.

 

I also said that a family friend had offered to give me money for a full and final settlement, and that was to be shared proportionally to all my creditors, and i could offer £100.

 

I did this online through moneyclaim.gov.uk

 

Since then i heard nothing from the court, until 2 days ago, since then i have been in a panic.

 

The letter states i had not replied to the claim form and that on 16/11/2012 a CCJ had been placed against me

and that i was owing £3218.95 to IDR to be paid in full.

 

If i didn't pay my posessions could be taken.

 

What do I do?

[Ganymede]

What EXACTLY did you send back to the Court?

 

It seems like you completed the Admission form and that is why you now have a CCJ.

[s8n]

Can i post the letter (with personal details ommited here?)

[s8n]

Due to un-forseen circumstances i have come into major financial

difficulty.

 

I have contacted the CCCS for assistance whom are working with me

to help remedy my financial crisis.

 

Unfortunately Due to illness from several major operation i have

been unable to take calls from my creditors.

 

I owe a total of 11 Creditors approximately £39,000 inclusive of

charges and interest. For many years i was able to juggle my

debts, in some instances borrowing money to pay debts but the

interest charges, and bank charges have over come me and have been

struggling for a considrable amount of time. This has affected my

physical and mental health and also my personal life causing my

family life to breakdown.

 

Below is my Income and Expenditure (a breakdown can be submitted

on request)

Total Income: £x,xxx

Total Expenditure: £x,xxx

Surplus: £3.

 

This surplus needs to be divided over my 11 creditors whom also

have received no payments.

 

However due to the offer of a family friend i am able to offer a

full and final settlement of £100 to the claimant. A similar

proportional offer has been made to all other creditors with no

preference to any. However the friend has stated this is only

available if it is a full settlement of this debt, not as a part

settlement.

 

I would greatly appreciate it if the court could take into account

the drastic affect it has had on my mental, personal and family

life when dealing with this.

[Ganymede]

Is that it? Are you sure you didn't send anything else or click that you admitted to the debt?!

[s8n]

I had a form to complete, for my defence, The form asked if i desputed the full amount or partial amount.

I called the court, explained my circumstance then the lady advised me to tick dispute in full, then put my statement in the supporting evidence box.

[Ganymede]

Ok thank you.

 

Sorry to keep asking the same question but exactly what forms did you send back?

[s8n]

Ok thank you.

 

Sorry to keep asking the same question but exactly what forms did you send back?

 

Not a problem, i am in need of help. and as long as you dont call me a moron i appreciate every bit anyone gives.

1 .Acknowledgment of service form: on which i said i intend to defend all of the claim.

2. Defence and Counterclaim: I disputed the entire claim and the defence statement.

 

Also see the courts response. It says i have not replied to the claim form.

[Ganymede]

Ok I see.

 

From the wording of the Order it doesn't seen like the Court received your reply. Either that or your Defence was not accepted due to not being in the correct format.

 

Do a bit or research around these forums on setting aside CCJs.

[debbbbsy]

Hi

 

This does happen. I know from experience.

 

Phone them first thing tomorrow. Have a pen and paper at the ready. Every person you speak too, take their name and note the time. Explain that you comlied with court procedures. Demand that they set a side the CCJ immediately. This can be done at no expense to you as the error is theirs. When this happened to me, they eventually admitted (after alot of phonecalls and insistance) that the defence submitted had not been put on the system. They were unable to explain why, the CCJ was set a side that day. Mistakes happen. Don't get angry or rude with these people, ask to speak with someone senior, make an official complaint...it can all be done via email...thats what I did.

 

Debbie

[s8n]

Hi guys.

Much appreciated for all your responses.

I finally managed to call the court today. I spoke to the help desk. The lady confirmed that they had received the acknowledgement of service, but not the defence. I read out the online status of my MCOL account.

 

She asked me to email MCOL to investigate what had happened.

 

She said if there was an issue they will automatically set the claim aside.

 

Here is what i sent marked urgent for the attention of a manager:

 

---------------------------------------------------------------------------------------------

 

Re: Claim Number: #XX#####

MCOL Number: ############

 

To whom it may concern.

I was issued a Northampton County Court Claim on 01/08/2012, this was received through the post on 10/08/2012.

After speaking to a help desk advisor, i acknowledged the service on 10/08/2012 through moneyclaim.gov.uk , at which point shortly after i also submitted my defence also on moneyclaim.gov.uk.

 

After this point i received no correspondence, until 21/11/2012 saying that due to not responding to the claim form i had a CCJ placed against me and was ordered to pay £3,218.95.

 

Today, after a bout of illness i have called the court helpdesk and spoke to an advisor. She stated that the court had received my acknowledgement of service, but had not received my defence.

I explained my situation, also stating that i had a screen print of my MCOL account (see attached) stating the times when i had both submitted the acknowledgement then 30 minutes later my defence.

 

Therefore i believe the court has failed to acknowledge my defence even though my defence had been received online.

Please can you investigate this matter with utmost urgency, and also to take action to set the CCJ aside before any further action is taken place against me or any further inconvenience caused.

 

I would appreciate a prompt response.

 

Thank you

XXXXX XXXX

00000 000000

 

---------------------------------------------------------------------------------------------

 

What happens after they set it aside? do they reschedule another court date?

 

Thanks again.

Me

[s8n]

Hey guys, quick update.

 

After not receiving an acknowledgement, but no further contact from Moneyclaim online, i gave them a call.

I got through to a very rude person with a very heavy foreign accent.

 

I explained to her i had received no response. So she said she was reading the notes.

She then went to say, because i had said i was finding it difficult to pay, that is a full admission, therefore i will have received a letter saying that i had not submitted a defence. Then i said how can that make sense, her response was, if you want to complain write to Cardiff court.

 

I stopped her, said bare with me i need to make a note of what you are saying, she responded saying sorry i cannot wait any longer i am only allowed 3 minutes for the call it has been more than 3 minutes.

 

So i have asked to speak to a supervisor.

 

Is what she said true? if a person says i cannot afford to pay in full, i can however offer you xxx amount, its automatically classed as a full admission, and there for no response received?

[Ganymede]

Your letter to the Court could easily be interpreted by a Judge as an admission.

[s8n]

Your letter to the Court could easily be interpreted by a Judge as an admission.

 

Thanks for the response.

I have a few queries:

1. If it was seen as an admission, why would does it show as i hadnt placed a defence?

2. Obviously i admit to the debt getting to a certain amount, but not the aditional charges (i know i didnt make that clear), even still i stated i couldnt afford to pay that in full but able to pay a certain amount, so where would i stand?

3. how could i make that letter better? It seems today i have recieved another court summons :s

[AndyOrch]

The content of the defence has no bearing here Judgment for Claimant in Default is a judgment without Trial.You acknowledged and you submitted a defence therefore they cannot request Judgment.

Northampton error it should be reversed with no cost to you.

 

Regards

 

Andy

[Ganymede]

s8n essentially filed at least a partial admission at best and a full admission at worst IMO.

[AndyOrch]

A partial admittance still requires a defence to be submitted Ganny so CPR 12 is not an option to the Claimant.

Now if as you state no defence was submitted they may request DJ CPR12 (3) (a).

 

Regards

 

Andy

[Ganymede]

I think there may be some merit in a set aside. After all the Defendant is a lay person so can be excused for not wording a Defence correctly.

 

I suspect too much attention is being paid to the wording of the Order, knowing Court clerks they probably just used the wrong template!

[s8n]

Hey guys thanks for the comments.

 

Why do i get the feeling i made a mistake responding to it my self and not getting representation to help me.

 

As it happens no manager has called as yet, if they haven't called by Monday its further ammunition for a complaint, and leverage to get it set aside.

 

Can anyone give me terms on which to set it aside?

 

Also i have received a second CCJ claim form from another company for the same court.

What is the best way for me to deal with it?

 

Thanks

[s8n]

I finally received an email 07/12/2012 from someone called "sam on emails", i will hope this was a manager, as that is who the email was addressed to in the subject line.

 

Here is the response:

------------------------------------------------------------------------------------------------------------

Good Afternoon,

 

Thank you for your email.

 

I have looked into the matter and see that you spoke to the helpdesk yesterday regarding your concerns.

 

Your response was received on 7th November 2012 and had been reclassified as a Full Admission.

 

The helpdesk attempted to call you back regarding your concerns but it appears they were provided with the incorrect telephone number.

 

You may wish to apply to set the judgment aside at Cardiff County Court as the case is no longer with us and you may wish to point out in your application that the judgment has been entered incorrectly by the claimant.

 

Regards

Sam Brown

CCBC Emails

Northampton County Court Bulk Centre

CCBC Helpdesk 0845 408 5302 / 01604 619400

MCOL Helpdesk 0845 601 5935 / 01604 619402

------------------------------------------------------------------------------------------------------------

 

I can only assume that her comment about trying to call me was some sort of call centre call management game, as they the correct number was repeated on the call 4 times, and included in the original email i sent.

 

I feel like i am being sent in circles, as the court told me to contact them about the court not receiving my defence, and now these guys are just telling me what i already know.

 

What to do?

Thanks

[s8n]

feeling extremely disgruntled here is my response to sam.

-----------------------------------------------------------------------------------

Hi Sam.

Thanks for your delayed response.

 

Firstly, please can you tell me if you are a manager? this email was originally addressed to a manager on advice of the Northampton County Court because of the urgency.

 

Secondly, i am extremely disappointed and dis-satisfied to see that an urgent response took 6 working days to respond to. Because of the delayed response and the court I am now outside the 14 days of appeal of my case.

 

I would like to take this opportunity to comment on the extreme dis-satisfaction i had from speaking to your colleague Axxxx Kxxxxxx on the 06/12/2012. It seemed as though her need to get me off the call was more important than actually providing me with any valuable information in regards to my urgent time sensitive query, also her rush made her note my number incorrectly, which is also correctly stated in my email to you below. Please note i do not appreciate being told she was provided with an incorrect telephone number (as outlined in your email below), which implies this was a fault. Please provide me with a copy of the recorded conversation so i can ascertain whether this is a training need for your staff or whether i had actually given an incorrect number.

 

Also on the same call I did ask Axxxx to ask a manager to contact me, which i expected on the same day, to which i have not yet received a Call.

 

As detailed below, my query was in regards to the court not receiving my defence. Please can you confirm my defence was in-fact provided to the court when i had originally submitted it?

In your response you mention that the judgement has been entered incorrectly by the claimant, please can you clarify this for me.

 

I would again like to ask to be contact by telephone by a manager on ##### ######, if i am not available please do leave a message for me to contact them back on.

 

Thank you

Yours sincerely

XXXXXX XXXX

[s8n]

Hi Guys

About a week ago i received a County court claim form.

It is dated 30/11/2012.

 

My first question is do i have to respond within 14 days of the date of issue? (i.e. today), or do i have some additional days considering it doesnt arrive on the date of issue?

 

Now the claim form has come from a solicitors firm, working on behalf of a company located in Ireland called Varde Investments.

The debt is to an MBNA account.

 

I have never heard of Varde Investments before, including not been contacted. Will this help in my defence against this?

Thanks in advance

[Old Cogger]

Experto Credite in Reading are their agents in the U.K.

 

you will need to give proper details on this for peeps to advise/help?

[s8n]

Oh i see, i did hear from them.

I contacted them, but never heard from them.

Almost feels as if they ignore your contacts so they can jump strait to legal action and therefore a charge order

[s8n]

Hi Guys.

You where kind enough to respond to my thread last week.

I have updated it a little.

 

Please can you tell me on what grounds i should request for the CCJ to be set aside, and how to do it free if possible, i dont think i can afford the court fees :s

 

I also have another thread for another County Court Claim:

http://www.consumeractiongroup.co.uk/forum/showthread.php?375933-County-Court-Claim-Urgent-help-needed&p=4077567#post4077567

 

Please can you advise me how to respond to that without making the same mistakes as i did the first thread?

 

Many Thanks

S8n.