Judgment for Claimant

[shelly71]

Hi please can somebody help.

 

I took out a credit card with MBNA in 2009. My debt eventually ended up at around £5,000.

 

I telephoned the credit card company as l was struggling with the monthly repayments. I asked for a reduced figure and they said no.

 

In Sept 2012 l cancelled my direct debit and ignored the debt as l couldn't afford and nobody would help.

 

Debt letters seem to come in time from various people. Each time the only thing l have requested is a copy of my credit agreement and l have never been sent it.

 

The last company to take on the debt was Aktiv Kapital. On 25 October 2013 l received a judgment for claimant saying "You have not replied the claim form it is therefore ordered that you pay the claimant £5,339.99 for debt and cost of £320.00. Total £5,659.99.

 

And if l ignore this order they could remove goods from my house. The date on the letter was 18 October, however honestly didn't receive until 25th.

 

Didn't know what the claim form was as l have never had one before. I written to Northampton County Court on 25 October saying l hadn't received a claim form and in the meantime l now have a ccj.

 

In todays post l have now received a "Notice of issue of warrant of execution" basically saying if l don't pay the full amount which is has now gone up and is now £5,732.24 by 6 November, they will be instructing a bailiff to remove my goods.

 

Rang up the courts said l hadn't received the claim form and they said l had to fill in an application for suspension of a warrant. This form shows all my earnings and l have to pay £40.00 to apply for this.

 

In the meantime l have a letter ready with a postal order for £1.00 to go to Aktiv Kapital in the morn (recorded delivery) demanding a copy of my credit agreement.

 

Please can anyone advise, thank you so much !!

Edited October 31, 2013 by honeybee13
Spacing.

[BazzaS]

You can get the CCJ "set aside" and the case reheard.

Thing is, if they supply a (reconstituted) copy of your CCA compliant agreement : do you have any defense?.

 

If not you will just be delaying the CCJ being re-instated, so it would be a gamble.

[shelly71]

Hi, Thank you, would l still get a ccj if l am willing to pay in instalments ?

[BazzaS]

If you got the CCJ set aside and then reached an agreement to pay such that they didn't go back to court to get a CCJ ; then no, but why would they do that?

 

There is little benefit to them in doing so now it has reached this stage .........

 

If they said they would agree to that, then you have to wonder if they have an enforceable agreement, as why else would they agree to it? (They'd be accepting an agreement that wasn't enforceable against having a CCJ that was enforceable) ......

[shelly71]

Oh okay, l understand what you mean. I amsending for my credit agreement today, can l hold off on sending my expenditure form to the courts until l get this or should l also send this today ?

[DonkeyB]

Oh okay, l understand what you mean. I amsending for my credit agreement today, can l hold off on sending my expenditure form to the courts until l get this or should l also send this today ?

 

Pointless. Until you get the judgment set aside, the judgment IS the agreement, ie. it has superseded the original CCA. They would not be obliged to respond. At all.

[shelly71]

Okay thank you, l will send my expenditure form today. I still think its unfair that because l havent received the claim form that all this happened, you would think with all the extra costs that they bang on that they could send their paperwork recorded delivery ??

[DonkeyB]

Claims are sent out by the court, not by the claimant.

 

Do you have any defence or dispute with the claim, eg. the amount, excess charges, PPI, etc? If so, you should be seeking to set aside, claim refunds and negotiate on the balance.

 

Aktiv will now own this debt. Did you receive a Notice of Assignment? Have you received any letter before action or any demands from Aktiv or their agents?

[andydd]

There would normally be more than one letter sent, so you would have to prove you received none of them, does the court have your proper address, is it a shared mailbox, have there been instances of post going missing/undelivered, without proof of these a court may dismiss your set aside.

 

As mentioned above did they follow the proper CPR process by sending Notice Before Action (unfortunatley when it comes to DCA's they are always sending umpteen NBA's but often they have no intention of actually pursuing court action).

[AndyOrch]

This is the form to suspend/vary Shelly:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order.

 

Regards

 

Andy