A CCJ without informing the defendant?

[TVJonesClassic]

I had a thread here last year about my partner's County Court claim from Cabot Financial and Drydensfairfax solicitors. The last thing we heard from them, in writing, after requesting a CPR and not receiving it, was that the case was on hold. This was 28th October 2015.

Yesterday she received a letter from a different solicitor stating that she had a judgement in favour of Cabot against her dated 11th November 2015, just two weeks after our CPR request for the first claim. She has had no prior communication about this. It has a different claim number. I rang Northampton County Court where the first claim number was filed and the helpful lady on the switchboard confirmed the initial claim was inactive, didn't get to court, and that the new claim number had been filed at Basildon County Court. They close at 2pm on a Friday so I haven't been able to contact them. The new claim was made by Mortimer Clarke Solicitors. I can't speak to them until later.

There has been no communication about a new claim, no second county court claim form, no notification of a CCJ, and nothing from either solicitor since our last letter from Drydensfairfax in October 2015. How the heck can this happen without the defendant being aware of it? I'm sure we didn't miss any mail from that time period.

[Diana M]

Re: A CCJ without informing the defendant?

I think you're saying that Cabot issued a claim (using Drydens solicitors) which was stayed in October 2015 presumably after you filed your Defence, and the court has told you it's still stayed.

Then Cabot issued a new claim (using Mortimer Clarke solicitors) with a different claim number to the first claim, but it was for the same debt.

You didn't receive the second claim so didn't file the AOS so the Claimant (Cabot) got a Default Judgment against your partner in November 2015.

The first you knew of the second claim was when you recently received a letter from Mortimer Clarke. If the claim has been transferred from NCCBC to a county court, that suggests the Claimant is seeking to enforce the CCJ in some way.

Or have I misunderstood this situation

Di

[nemesis45]

Re: A CCJ without informing the defendant?

Mortimer Clarke is part of Cabot's " empire" and often Cabot takes claims back "in house" for various reasons and there is a deal of Right hand not knowing what the left is doing.

Is it for the same amount as this first claim.

nem

[TVJonesClassic]

Re: A CCJ without informing the defendant?

I think you're saying that Cabot issued a claim (using Drydens solicitors) which was stayed in October 2015 presumably after you filed your Defence, and the court has told you it's still stayed.
Yes and no- didn't file a defence as we were awaiting the CPR 3.14 and assumed nothing would happen without it, but yes the court says it's on hold

Then Cabot issued a new claim (using Mortimer Clarke solicitors) with a different claim number to the first claim, but it was for the same debt.
I assume it is the same debt, we don't expect any others, and there are no amounst or details on the Mortimer letter.

You didn't receive the second claim so didn't file the AOS so the Claimant (Cabot) got a Default Judgment against your partner in November 2015.
Yes, I am assuming this, but then why did she not receive notification of a CCJ a year ago?

The first you knew of the second claim was when you recently received a letter from Mortimer Clarke.
Yes

If the claim has been transferred from NCCBC to a county court, that suggests the Claimant is seeking to enforce the CCJ in some way.
Yes, the Mortimer letter is warning of an application for an Attachment of Earnings order.


Or have I misunderstood this situation
I think you have it!

Di

Hi Nemesis, don't know the amount yet, I can't call them until partner gets home.

I just realised I posted this in the Welcome forum, sorry.

[nemesis45]

Re: A CCJ without informing the defendant?

No problem TV.

It might be worth checking Trust Online ( The Registry Trust which records CCJ's) just to be sure that there is a CCJ.

nem

[TVJonesClassic]

Re: A CCJ without informing the defendant?

No problem TV.

It might be worth checking Trust Online ( The Registry Trust which records CCJ's) just to be sure that there is a CCJ.

nem

Thanks for that Nemesis, I assumed that was possible somehow but didn't know where to look. Well, £4 later, "Nothing Registered" for my partner at this address. I wonder if they could have filed the second claim with an incorrect address (on purpose, as we were being difficult asking for the CPR) and got a default judgement? I won't know that until I speak to Basildon.

[Diana M]

Re: A CCJ without informing the defendant?

don't know the amount yet

I'm wondering whether Drydens 'forgot' to tell Cabot that they agreed to put the claim on hold when they returned it.

So along came Mortimer Clarke who got a Default Judgment since your partner did not file a Defence within the 33 days deadline believing the claim to be on hold.

Although it's puzzling as to why there would be two different claim numbers?

If it is/was a new (second) claim, then it is odd that your partner didn't receive either the summons or the Default Judgment in the post unless it went to another address. But if Mortimer Clarke have written to her about a planned AOE application at the current address, then that's even more odd.

If the first claim is still 'live' then a second claim for the same debt would be an abuse of process so with that set aside and dismissed, your partner could file a Defence to the first claim.

Did you send a CCA Request as well as a CPR 31.14 Request for the first claim? If so and that's not been complied with then your partner would have a Defence.

Let's she what she says first

Di

[Amethyst]

Re: A CCJ without informing the defendant?

It would be unusual for a DCA to file through a local court as opposed to using the bulk processes. So something odd afoot - annoying you won't be able to find out properly until Monday though. Have you checked your credit report to see if it shows on there? (free with Noddle if you already have Noddle set up for your partner)

[Diana M]

Re: A CCJ without informing the defendant?

Any application hearing for an AOE order could be adjourned if she makes an application to set aside the CCJ. The court would wait for a decision on that (set aside) before dealing with the AOE application.

Both applications would be dealt with by Basildon County Court since the case would have been transferred there from NCCBC when the Claimant sought enforcement of the CCJ (by Default).

Di

[nemesis45]

Re: A CCJ without informing the defendant?

Thanks for that Nemesis, I assumed that was possible somehow but didn't know where to look. Well, £4 later, "Nothing Registered" for my partner at this address. I wonder if they could have filed the second claim with an incorrect address (on purpose, as we were being difficult asking for the CPR) and got a default judgement? I won't know that until I speak to Basildon.

Possible yes, probable yes an old trick in the debt purchasers weird world. Maybe a good idea to check other known addresses.

nem

[TVJonesClassic]

Re: A CCJ without informing the defendant?

Diana, no CCA as the claim relates to a bank current account.

Thanks for all the other comments. Yes, it does seem odd. I think I need to speak to Basildon or Mortimer Clarke and get details of this new claim number or we won't know what is going on. My feeling is to speak to Basildon first.

Amethyst, thanks, yes I will get partner to credit check with Noddle.

[Diana M]

Re: A CCJ without informing the defendant?

Diana, no CCA as the claim relates to a bank current account.

Ah, so it will be this claim here on your other thread :

We had the Acknowledgement accepted and sent the CPR request but Dryden's immediately came back with a letter which rather dishonestly said "We have not heard from you etc..." and saying they had applied for a default judgement. We have heard nothing more from the court, only from Dryden's with the letter mentioned above, replying to the CPR request.

How long can they keep this 'on hold'? Will they ever come up with the initial documents? Can we hold them to a time limit?

Link > http://legalbeagles.info/forums/show...898#post611898

Di

[TVJonesClassic]

Re: A CCJ without informing the defendant?

Yes that's the claim. But after that letter saying they had applied for a default judgement I contacted the court, and found they hadn't. They were trying to spook us by sending that letter out on the same day they received the CPR request. Very professional, chaps. If I pulled that kind of dishonesty in my line of work I'd be out on my ear.

[nemesis45]

Re: A CCJ without informing the defendant?

Yes that's the claim. But after that letter saying they had applied for a default judgement I contacted the court, and found they hadn't. They were trying to spook us by sending that letter out on the same day they received the CPR request. Very professional, chaps. If I pulled that kind of dishonesty in my line of work I'd be out on my ear.

A not unfamiliar occurrence!

nem

[TVJonesClassic]

Re: A CCJ without informing the defendant?

Basildon County Court, open from 10am to 2pm, don't answer their phone. (Ask us how we know...) I've emailed and not had a reply yet. I'll send a letter also, to try to get details of the claim. In the meantime we're waiting 4 days for a credit report for other addresses.

Is there any other way to get details of a claim we have the claim number for, apart from through credit agencies or the court?