Welcome /IND claimform- N39 received - phantom Payment syndrome URGENT... please help

[Davren22]

Unfortunately i don not have access to a scanner until tuesday now but all they handed him was a form N39 order to attend court for questioning form. Definately no ccj on the credit file and tte default dropped off a few years back

[Bazooka Boo]

OK, so only four days in which to collate as much info you have regarding this.

 

IMO, I'd be printing off a copy of his credit file showing no defaults and CCJ.

 

Statements showing no phantom payment ever being made.

 

Their SOA showing no phantom payment ever being made to them.

 

And ensure you detail your time spent in dealing with this, so you can possibly counter claim for costs, but I'm not really au fais with legal practice.

[AndyOrch]

If a N39 has been issued ...then there as to be a CCJ in place.

 

Check the Trust Registry

 

http://www.trustonline.org.uk/

 

Andy

[Davren22]

Just paid the £4 to check his records and it says nothing registered which ties in witg his credit files

[Bazooka Boo]

Well this would be an abuse of process surely?

 

What the hell are they playing at?

 

Something isn't right?

[AndyOrch]

Just paid the £4 to check his records and it says nothing registered which ties in witg his credit files

 

Next stop is MCOL Northampton then...I assume you still have the original court papers and claim number ?

[Davren22]

Yes i still have the old court papers,

 

how would i go about taking the next step and do i have time bearing in mind the court questioning date is in 4 days ,

 

have i done the right thing in copying all correspondence to the courts ?

 

Will it have any positive effect and will my partner still have to physically go to court ?

[dx100uk]

What does MCOL say is the status of the claim on MCOL?

[Davren22]

After reading all of your helpful comments and also the N39 form again properly, i think this means that Welcome finance issued my partner with a CCJ on 30 October 15, if this is the case then why wouldnt the CCJ be showing on the trustonline website and also why does this not show on his credit file ?

 

dx100uk, you asked what MCOL say the status of the claim is on MCOL, i apologise but i do not know what MCOL is, is it a website, if so how would i see what they say with regards to the CCJ ?

 

Thanks again guys

[honeybee13]

Hello there.

 

MCOL is money claim online, the government's system.

 

HB

[dx100uk]

have you the original court paper ?

the claimform via the court? N1

 

they'll be an information box on the middle right

at the end of that there will be a password.

 

on that claimform you'll it mentions a website.

[Davren22]

I do have them i found the password and entered it into tge mcol website along with the claim number but it said they were incorrect the claim form is from 2013

[dx100uk]

did you register first as a new individual.

and get the long number?

 

then use the claimform details

but it could be too old

shame you could have run Northants yesterday and asked

you'll have to wait till Monday now

 

just a though of you not finding it.....

when you got the claimform in the first place

are you still living at the same address?

[Davren22]

No we have moved now we moved the end of 2014

[dx100uk]

aha

and I bet they didn't know you'd moved

CCJ on 30 October 15

 

then you need to check the old address then on trustonline

 

and make sure that old address is showing under linked addresses on his credit file.

[Davren22]

apologies for the late reply I have not been around over the weekend,

 

I went back on trust online and entered our old address in and it also says nothing registered, I am very confused.

 

I also went into his credit files, for all 3 agencies,

all addresses are linked and there are no CCJs registered or defaults.

 

The court date is tomorrow,

 

is there anything at all that can be done ?

 

Thanks again

[dx100uk]

Ring northants

Find out what is going on?

[Davren22]

I called the courts up to explain that my partner cannot make tomorrows date and asked them what is going on,

they said that the CCJ was not formalised back in 2013,

 

 

I'm not too sure what this means but that is the reason it is not on his credit files or showing at trustonline.

 

 

I explained to them that I believe they have made up a phantom payment to stop the debt being statute barred

she said I may need to get legal advice and mentioned that it might be worth sending in a form N244 to set the judgement aside.

[AndyOrch]

If a N39 has been issued ...then there as to be a CCJ in place.

 

Check the Trust Registry

 

http://www.trustonline.org.uk/

 

Andy

 

As already stated they cant issue a N39 without a judgment

[BazzaS]

I called the courts up to explain that my partner cannot make tomorrows date and asked them what is going on, they said that the CCJ was not formalised back in 2013, I'm not too sure what this means but that is the reason it is not on his credit files or showing at trustonline. I explained to them that I believe they have made up a phantom payment so stop the debt being statute barred she said I may need to get legal advice and mentioned that it might be worth sending in a form N244 to set the judgement aside.

 

If they have received a N39 they MUST attend court (or get the court's permission to reschedule).

It sounds like a CCJ was never issued and the N39 was issued in error, OR there is a CCJ and you aren't tracing it for some reason.

 

If your partner attends as required, offers to provide any information required, and explains that they weren't aware of a CCJ, would like details of the CCJ (since they haven't been able to trace it!).

 

Also, that if there is a CCJ, they will be applying to have it set-aside as

A) They have only just become aware of it

B) Had an absolute defence, as it was statute barred prior to 2013.

 

The delay in becoming aware of the CCJ may be an issue, so screenshot the proof that you can't trace it even now that you are actively looking for it. Did they inform IND of the change of address?

[theoldrouge]

Not a good idea to not turn up imo, the n39 should have given all the details of the judgement

 

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/how-a-creditor-can-get-information-about-your-finances/#h-if-you-can-t-attend-the-court-hearing-to-obtain-information

[AndyOrch]

There is a CCJ Bazz...its just that it was never finalised.....for whatever reason ?

[mercyblue]

There is a CCJ Bazz...its just that it was never formalised.....for whatever reason ?

 

I don't understand what that means never finalized ? ?

 

Not turning up for an n39 isn't a good idea. You could end up with a contempt of court charge. Most likely if you did ignore it they would issue it again missing it again would be much more likely to end up with contempt of court charge.

 

An oral examination is just that. A court official will ask the questions the claimants representative asks to try and find out your means/assets etc. The original ccj doesn't come into it.

[mercyblue]

And I have been subject to an oral examination myself, admittedly a long time ago, so I do have first hand knowledge and as far as am aware only the terminology has changed slightly in those years.

[BazzaS]

There is a CCJ Bazz...its just that it was never finalised.....for whatever reason ?

 

 

I don't understand what that means never finalized ? ?

 

I don't know what is meant by that either: do you mean judgement issued but not placed on the register?

 

"Most CCJs will appear on the register but there are some that don’t. To be capable of being registered the judgment must either have been issued in default (i.e a judgment without trial where no defence was entered) or else defended and payment is by instalment order or where enforcement action is being taken. (There are other conditions and exemptions and for the full list of criteria please refer to the latest statutory instrument relating to the Register of Judgments, Orders and Fines Regulations.)"

From http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/ccjs-what-are-they

 

 

Not turning up for an n39 isn't a good idea. You could end up with a contempt of court charge. Most likely if you did ignore it they would issue it again missing it again would be much more likely to end up with contempt of court charge.

 

An oral examination is just that. A court official will ask the questions the claimants representative asks to try and find out your means/assets etc. The original ccj doesn't come into it.

 

Agree that not attending isn't a good idea.

As for "The original ccj doesn't come into it" : except you can't be ordered to attend for questioning because of a CCJ unless the CCJ remains not settled .....