Continous Applications to Court for me to attend, why?

[Squirrel Nutkin]

Not sure I have posted this in the right place but I have a question I hope someone can answer!!

 

An old debt originally for around £750.

 

Sold to a small company who have added interest and escallated it to around £2750 with bogus call out charges, find charges.

 

Court said pay,

I've said cant as do not have the money.

 

This time last year court appearance infront of judge who told the creditor to set the bailiffs on me.

Heard nothing more.

 

late last year had to go for questioning about my finances for this debt.

 

Showed letter that confirmed behind in mortage, electric bills and she (court lady) suggested offering £5 a month which I did on the form.

Heard nothing.

 

Now letter to go back to court infront of judge.

I'm not really sure quite what the creditor is trying to prove.

I am thinking to SAR the court?

Just to find out exactly what has been recorded/

 

This guy has been chasing me for years and it really feels like harressment.

 

I feel that there is nothing I can do!!!!

 

Any suggestions please.

 

Many thanks

[Ganymede]

Never heard of anyone sending a SAR to the court.

 

Not entirely sure if a court would have to comply but would need to look into it.

[citizenB]

If they have a judgment against you then they can continue to ask the court to look at your finances.

 

Have you been making any payments toward the judgment debt?

 

Did you not challenge the charges / add ons when it first went to court ?

[Squirrel Nutkin]

Never heard of anyone sending a SAR to the court.

 

Not entirely sure if a court would have to comply but would need to look into it.

 

I have found a web page from the Dept of Justice that gives a specific form to use but I'm not sure either! Anyone know?

 

Heres the link https://www.justice.gov.uk/information-access-rights/foi-requests/make-an-foi-request-online

 

Might be of use?

[Ganymede]

FOI requests can't be used for information on individuals.

[Squirrel Nutkin]

If they have a judgment against you then they can continue to ask the court to look at your finances.

 

Have you been making any payments toward the judgment debt?

 

Did you not challenge the charges / add ons when it first went to court ?

 

Yes I did challenge the charges but I dont think the judge even looked as I was late doing it. It seems rediculous to just keep pulling me back into court every 6 months!

 

I havent made any payments. I heard nothing after the offer made. There was another occasion, probably at the beginning of last year where another offer was made and heard nothing.

[Andyorch]

If you have not made any payments...keep going to court at their expense...make your £5 offer....they probably wont agree and wont collect and soon the judgment will be Statute Barred if it exceeds 6 years.

 

Muppets.

 

Andy

[Squirrel Nutkin]

If you have not made any payments...keep going to court at their expense...make your £5 offer....they probably wont agree and wont collect and soon the judgment will be Statute Barred if it exceeds 6 years.

 

Muppets.

 

Andy

 

This is so interesting! He bought the debt in2005/6 and has been chasing it since then? If you are right..... but why do the court keep accepting him dragging me back to court? Are they muppets too? Sorry to say that! But everytime he takes me back for questioning, he adds money to the debt?

[Andyorch]

No there not muppets they just keep taking payment for applications/hearings...up to the creditor how much they wish to throw at the debt.

 

He may be adding it but the judgment amount wont change:wink:

[Squirrel Nutkin]

No there not muppets they just keep taking payment for applications/hearings...up to the creditor how much they wish to throw at the debt.

 

He may be adding it but the judgment amount wont change:wink:

 

Hi andyorch and thank you.

 

I have tried to google being satuate barred

 

but I am getting the impression he is totally in his right to keep dragging me back to court every six months, as he doing,

and there is nothing I can do about it.

 

The court wont stop him as they get paid.

But I have to wonder if it comes into harressment.

 

He has been chasing me for this for 7/8 years! It is just ridiculous!!!!!

 

My husband and I run our own business but the debt is to me, not the business,

infact we didnt have the business then, or the property.

 

I dont draw a salary as such and we certainly dont make a fortune.

 

Infact, with the recession, we have just managed to stay afloat.

 

But he seems to think I am minted!

 

He is very wrong!

[Squirrel Nutkin]

Just out of interest, a further £150 has been added for taking me back to court. Taken the debt from 2593 to 2743. What is the point!

[Andyorch]

If the claimant has not " executed the judgment " within 6 years then their judgement becomes statute barred... as the judgment replaced the debt in effect the debt as also become Statute Barred.

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

 

I would raise the issue with DJ if the judgment has expired as to why he is allowed to keep adding to the debt having had ample time to secure the debt by other means.He has ignored the courts advice re Bailiffs he has refused your offered payments.....perhaps he thinks he can inflate the value by this prolonged

action and as you state is now verging on harassment.

 

Regards

 

Andy

[Squirrel Nutkin]

If the claimant has not " executed the judgment " within 6 years then their judgement becomes statute barred... as the judgment replaced the debt in effect the debt as also become Statute Barred.

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

I would raise the issue with DJ if the judgment has expired as to why he is allowed to keep adding to the debt having had ample time to secure the debt by other means.He has ignored the courts advice re Bailiffs he has refused your offered payments.....perhaps he thinks he can inflate the value by this prolonged

action and as you state is now verging on harassment.

 

Regards

 

Andy

 

Thank you Andy!

 

I went on to some website to find out about the judgement. It's there!

 

He bought the debt in October 2006 and got a judgement on 20 April 2011!

 

At that time the debt was £2,112.

 

With the continous back to court to check my finances,

 

it is now £2,743.34 so he has added £631!

 

The original debt was £750.

 

I do have a horrible feeling there is nothing I can do!

 

I read another post that said what happens in the courts is not always what is supposed to be happening.

 

Wish they had said more what they meant!

[BRIGADIER2JCS]

It would be interesting and possibly helpful to know how this debt arose and the name of the "small company" that is handling it.

[Andyorch]

Okay so the judgment is still in its infancy...disregard the above.

 

You keep referring to the claimant as " he " is this an individual?

[Squirrel Nutkin]

It would be interesting and possibly helpful to know how this debt arose and the name of the "small company" that is handling it.

 

Hi Brigadier! You helped me with this back in December 2011. We pm'd a lot? I'm sure you deal with so many you may not remember. I'll pm the name of the company and individual, one and the same really. Hope you are well!

[BRIGADIER2JCS]

Hi Brigadier! You helped me with this back in December 2011. We pm'd a lot? I'm sure you deal with so many you may not remember. I'll pm the name of the company and individual, one and the same really. Hope you are well!

.

 

 

Ok squirrel got the message I know of him now you reminded me, a close friend in the area he operates in has had trouble with him for a non existent debt he is persistent if nothing else!!

To save time has he taken any enforcement action, instructed bailiffs to enforce a warrant for instance?

 

 

I've seen him off with a letter for my friend earlier this year.

 

 

Brig.

[BRIGADIER2JCS]

Ok the " paper" you wrote and sent to the court should have been on the correct form and accompanied by the correct fee at the time I think this was £80.00, was there any reply from the court on this please.

 

 

Brig.

[Squirrel Nutkin]

Ok the " paper" you wrote and sent to the court should have been on the correct form and accompanied by the correct fee at the time I think this was £80.00, was there any reply from the court on this please.

 

 

Brig.

 

Um, no. I think I did pay something, not £80. Was cash! But nothing about correct form? Think they did send me a letter confirming the payment. Where is it, is the question!

[BRIGADIER2JCS]

Um, no. I think I did pay something, not £80. Was cash! But nothing about correct form? Think they did send me a letter confirming the payment. Where is it, is the question!

Did you pay the court or our 0ne man band DCA?

[Squirrel Nutkin]

Did you pay the court or our 0ne man band DCA?

 

I delivered the "paper" by hand to the court with an envelope enclosed with cash, I think is was £40.

[BRIGADIER2JCS]

I delivered the "paper" by hand to the court with an envelope enclosed with cash, I think is was £40.

Ok that would be an application for "set aside without a hearing", what was the outcome of this please?

[Squirrel Nutkin]

Ok that would be an application for "set aside without a hearing", what was the outcome of this please?

 

I had to go to court (May last year) and this is when the judge told me I had wasted my time writing the "paper" as I was out of time, too late.

 

He told you know who to pursue me with bailiffs. He said he had already started doing that but then nothing more happened

until I then recieved a letter to attend court for questioning about my finances with a court clerk in December last year.

 

"He" tried to be in the room and I refused to discuss anything infront of him and he was told to leave.

 

This is when I offered £5 a month and then heard nothing more until recently to attend again infront of a judge again.

 

Does that make sense?

[Squirrel Nutkin]

Just out of interest, I spoke to the FSA who knew the name!

 

Below is what FSA wrote to me after conversation.

"My main area of confusion is asyou explained, our member continues to the go to the courts to have the amountreviewed. As you financial situation has remained the same, the £5 a month hasremained. It may be worthwhile raising a complaint with our member why theapplications to court are continuing to be made when direct contact could bemade to assess income and expenditure. I will send a copy of ourcomplaint documents."

[BRIGADIER2JCS]

I had to go to court (May last year) and this is when the judge told me I had wasted my time writing the "paper" as I was out of time, too late basically. He told you know who to pursue me with bailiffs. &^%$ face said he had already started doing that but then nothing more happened until I then recieved a letter to attend court for questioning about my finances with a court clerk in December last year. "He" tried to be in the room and I refused to discuss anything infront of him and he was told to leave. This is when I offered £5 a month and then heard nothing more until recently to attend again infront of a judge again. Does that make sense?

 

 

To be perfectly honest none of what this idiot does makes any sense from what you have said and what my friend experienced.

 

 

Not surprised the judge disallowed the attempt at set aside, do you see the same judge on each occasion.