Wright Hassall - A bit of a strange one?

[garyclarke1962]

I have a bit of a strange problem with Wright Hassall and was hoping to get some advice.

 

in Oct 2014 WH started chasing an old debt (aprox 5 years old) I ignored their letters,

 

 

on 24/11/14 I had a blue claim form in the post from the court.

 

I wrote to WH and told them I thought the debt was over 6 years old

and that they were statue barred from chasing it.

 

 

They didnt reply within the 2 weeks that i gave them for a reply

I decided to defend the claim from the court.

 

On 30/11/14 the court wrote and acknowledged receipt of the defence.

 

On 27/1/15 I had 2 letters from WH,

one offered a discount if I paid up asap,

the other said they were proceeding with the claim

because my last payment had been on 30/4/10 and it wasnt statue barred for being out of time.

 

On 28/1/15 I had a letter from the court saying WH were proceeding with the claim

and it was suitable for the small claims track, and mediation.

 

 

I replied to this, first

of all querying if WHs letter had been received by them in time

(WH had 28 days after I submitted the defence to issue a reply but they didnt do so until 27/1/15),

 

 

secondly I said I didnt want mediation

if the court agreed that the claim wasnt statue barred then they should just issue a CCJ.

The claim was then transferred from one court to another a couple of times

 

 

on 11/3/15 the court asked me to provide an income/expenditure statement which I sent to them on 24/3/15.

 

On 24/4/15 the court told me there would be a hearing on 13/5/15

 

 

on 11/5/15 WH copied me in on a statement of their costs which they were sending to the court for £715!!

I didnt hear anything else from either the court or WH

 

 

18/9/15 WH wrote to me and said that a CCJ was entered on 13/5/15

and that if I wasnt able to pay the amount off in full straight away,

they were prepared to negotiate a suitable monthly repayment.

They have given me 30 days to get back to them,

if I dont they are threatening attachement of earnings, charging order agaist the house, or bailiff action.

 

what I'm after is your thoughts and suggestions on what I should do next.

 

Do I ask WH for a copy of the CCJ order which was supposedly issued by the court but I never had a copy of?

 

Do I ask the court for a copy of it and risk them investigating if one was never issued?

 

Do I do nothing and wait to see what WH do next?

 

The things that seem strange to me about this case are,

 

1) I wasnt sent a copy of any CCJ order that was issued on 13/5/15

 

2) If a CCJ was issued, wouldnt that have said how much my monthly payments would be,

rather than leaving it open to negotiation with WH?

 

3) Why has it taken WH 5 months before they have started chasing me up for payments?

 

Thanks in advance for any help anyone can give.

 

Gary

[renegadeimp]

Have you checked with the court to see if a ccj was issued. If you used a sb defence then you need to find out why it wasn't accepted

[citizenB]

If you submitted a defence, then I would have thought there would have been a hearing ?

 

So, I guess you do need to contact the court to find out what has happened to your copy of the judgment.

[silverfox1961]

Hi,

 

On 24/4/15 the court told me there would be a hearing on 13/5/15

 

Did you not attend the hearing?

[garyclarke1962]

As I said, if no CCJ was issued I didnt want to go to the court and start stirring things up and get them to issue one.

The SB defence wasnt accepted because it turned out a payment was made in 2010 that i had forgotten about.

No I didnt attend the hearing because I didnt see any point, the defence had been shot down by the payment in 2010.

 

Doesnt a CCJ usually say how much is to be paid monthly?

[Old Cogger]

forthwith but of course not being in court means that you had no chance to set a monthly figure, you will have to ask court for deliberation on repayment due to your circumstances - not being funny but not attending did not help, even before you could of asked for a Tomlin Order that would stop court proceeding as long as you kept to it, bury head in sand backfires on most occasions, you have to make the best of a bad situation and get onto the court to set easy repayments i.e. I& E etc

 

 

The court would of been just a room with DJ you and a solicitor - not Rumple of the bailey type

[dx100uk]

SB'd doesn't stop anyone chasing a debt.....

 

 

you should have countered the 2010 payment claim.

 

 

what was the debt

did you ever ask for a CCA ?

 

 

seems like you've got a CCJ by default.

 

 

whats the debt all about

original creditor

type of debt

when taken out?

 

 

you might be able to set this aside if you didn't get the forms

have you moved since the debt

were the court writing to your correct address before the CCJ was issued?

 

 

dx