30 Days to avoid CCJ

[Marcus846]

What do I put to this, do I have to fill the form in when it arrives?

[jaguarsuk]

Just ignore their letter, when you get the DQ from the court there is a link in my signature of how to complete it.

That Notice of Assignment is not what is legally required to prove assignment, the NoA has to come from the 'Assignor' which in this instance is BT. What they have provided you is a welcome letter from the alleged assignee.

As I have stated repeatedly, if they want to enforce the terms of a contract they are going to have to show that contract to the court, They know it, they're solicitors and are just hoping you'll give in if they insist you are in the wrong.

These usually get discontinued right before they are due to pay the hearing fee.

[Marcus846]

Thank you, I haven’t received anything else and then today this came:

Before a Court Officer sitting at the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NNI 2LH.

The Defendant, you have been sent Notice of Proposed Allocation to Track which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CBC by the date specified in the Notice.

IT IS ORDERED THAT

The Defendant must file the Directions Questionnaire with the CBC on or before 7 days from service of this Order with County Court Business Centre (CCBC) via post at St Katharine's House, 21 - 27 St Katharine's Street,

Northampton, NNI 2LH, via Document Exchange at DX 702885, or via email at cbcaq@justice.gov.uk. If the Defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the Court and, subject to the Claimant having complied with this order, the Claimant will be at liberty to enter judgment.

You can download a Directions Questionnaire from www.justice.gov.uk/forms. For claims up to £10,000.00 please download form N180. For claims over €10,000.00 please download form N181.

This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure rules Part 3.

This notice is served pursuant to paragraph 26.3(7 A)(a) & (b) of Part 26 of the Civil Procedure Rules. The parties have the right to apply to have the Order set aside, varied or stayed.

A party making such an application must file the application with the CBC (together with any appropriate fee) within 7 days of service of this Order.

The court office at the County Court Business Centre, 4th Floor St

[Marcus846]

I will fill in the N180 and send it to them.

Many thanks again

[Marcus846]

I’ve just had this response from the County Court and I’m completely confused, please can someone explain;

[Marcus846]

And just to clarify I filled it in and signed it, nobody else is involved.

[jaguarsuk]

Without seeing the DQ it is hard to advise.

Did you make sure you identified yourself as ‘defendant’ when signing?

Or is the defendants name different to your name?

[Marcus846]

Hi,
They have filed the court documents with my wrong first name, I have since told them that it’s not my name and I’m not signing it as a name that’s not me, they have said that my defence has been removed and the N180 as that’s not the defendant’s name. I have said the court that why has it be allowed though Court with the incorrect first name.

They have said to contact the Claimant??

Any advice would be helpful.

[jaguarsuk]

Hi,
They have filed the court documents with my wrong first name, I have since told them that it’s not my name and I’m not signing it as a name that’s not me, they have said that my defence has been removed and the N180 as that’s not the defendant’s name. I have said the court that why has it be allowed though Court with the incorrect first name.

They have said to contact the Claimant??

Any advice would be helpful.

I would ask the court to put a bar on the claim to prevent the claimant getting summary judgement.

If the court will not I would file the defence in the name on the claim form to ensure they cannot obtain summary judgement.

I don't know why they are saying you need permission of the court to act as a litigant friend, a litigant friend only has to ask for rights of audience seven days prior to a hearing to be able to represent someone in the actual hearing. So maybe point that out when you call to ask them to put a bar on the claim.

Is the letter they sent you claiming to be the Notice of Assignment addressed to the wrong name?

[Marcus846]

Yes that’s the only piece of so called evidence they have and that’s from Lowell not BT. It’s in the wrong name

[jaguarsuk]

Okay, you need to write to them and advise them that the court have pointed out that they have filed a claim not in your name, that you hadn't noticed, but it is obvious they are trying to claim against some one who is not you. That you told them you haven't had anything from BT, they need to stop writing to you and locate the person who did purchase whatever they are are chasing then speak to them.

Even if they get summary judgement, it couldn't be enforced against you because it wouldn't be in your name.

[Marcus846]

Thank you, I will write to Overdales and explain they have the wrong person.

[Marcus846]

The Court have send me an email saying I have to file a new defence in the other name, is that allowed? I have wrote to Overdales and awaiting a reply.

[jaguarsuk]

You can't file a defence in the defendants name because you are not that person and you can't act as their 'Litigant Friend' because you don't know them.

If the Claimant decides to apply for Summary Judgement what will that achieve? They'd have a judgement against someone you have never met and who doesn't live at your property, good luck enforcing that.

It won't be on your credit file because it isn't against you.

There's no risk for you here.

The Claimant is going to have to discontinue or stay the claim because if they try to amend the Defendants name to yours the 'evidence' they claim to be using is not in your name and therefore you can prove they are pursuing the wrong defendant - which would be your defence to an application to amend the defendants name.

They may not discontinue because they would have to provide good reason to the court to reinstate the claim if they did locate the true defendant and a judge might not be too thrilled they 'filed a claim to pursue someone with a similar name as the defendant, but now they found the right person' as a reason to bring the claim back.

Ask them to discontinue it, but if they won't then you want confirmation from them that they filed that claim and corresponded with you in error in relation to that claim. That they will not write to you at your address about this matter again and an apology. And you inform them that if they want to persist in this matter then you will be minded to inform the Information Commissioner that they have shared the personal data of a third party with you, namely the so called 'Notice of Assignment.'

They have painted themselves into a nice corner and luckily the court spotted the discrepancy, then acted on it.

[Marcus846]

Ok thank you so much, I’ll write to the court and to Overdales stating I’m not prepared to file a defence in a false name.

I will let you know their reply.