Time To Start Sorting Things Out!

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Sorry for the bump. I just need to get into my head what my course of action should be on theclaim I have against me at the moment, whereboth a judgement and warrant has beenmade against that I need to try and set aside if I can

Court processed a judgement against me in January 2017 of which I only becameaware in July following a good repute check by my employer as everything wasdone on an old address of mine. I have subsequently discovered from the courtthat a warrant for baliffs was issued in July as well.I have obtained the judgement from the courtand had been advised to go to the solicitors, Judge and Priestly, for the claim documents which I requested 2weeks ago but still haven’t received.

The original debt was with MBNA(mastercard Virgin credit card ) which is marked as “satisfied” updated31/12/2012 on a closed account with a nil balance. The default balance of14,386 is shown as the lender PRA Group with a default date of 31/10/2012.On the balance history the debt is firstshown as 14,386 in June 2016 moving to 25,694 in April 2017.


I would like to get the judgement set aside if I can, thoughI would not be averse to settling in the region of the original balance. I’maware that asking for the decision to be set aside will attract a cost. What I would like to know is the following;-

- Does the fact I havenever seen the original claim documents constitute enough grounds for a courtto accept a set aside ?


- Do I need to send aformal request first to either Judge and Priestly or PRA Group or both, beforeI can send the documents to the court requesting a set aside?

I’d be grateful for any advice…thanks

[Kati]

Re: Time To Start Sorting Things Out!

[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION] ??

[Sunday Morning]

Re: Time To Start Sorting Things Out!

I've received the following email yesterday afternoon from a Sam Taylor at Judge-Priestly..

Removed

They enclosed two letters, both addressed to my old house



DATED 29/12/2012

Dear MrXXXX

We can help you get your finances back on track

Aktiv Kapital Portfolio AS, Zug Branchrecently purchased your outstanding balance with MBNA.

Who are we?
We are Aktiv Kapital (UK) Limited andwe will collect the balance you owe of £XXXX from you on behalf of Aktiv Kapital Portfolio AS, Zug Branch.
What next?
Please cancel any Direct Debits orStanding Orders with MBNA. Don’t make anymore payments to them as this will cause a delay in us being able to reduceyour balance.
You need to get in touch with us or payoff your outstanding balance as soon as possible.
You can clear your balance by:
· Making a card payment over the phone on 0800 180 8430
· Setting up a Direct Debit or StandingOrder with us over the phone
· Paying directly to our account throughtelephone banking
· Paying online at www.aktivkapital.co.uk
There are full details of all our waysto pay over the page, alternatively you can call us free on 0800 180 8430.
If you have questions about what youowe or if you would like to speak to us about clearing your balance, please doget in touch. We’ll be happy to discuss your situation.
Yours sincerely,
Aktiv Kapital (UK) Limited

DATED 20/01/15

We write to inform you that youraccount XXXXXXXXXX was assigned to us, PRA Group (UK) Limited, from Aktiv KapitalPortfolio, AS, Oslo, Zug Branch on 31/12/2014. This means we have been assignedall rights, title and interest to your above account and are entitled to all sumsowed under the account and also the right to continue with any actions takenprior to the assignment.

For your information, on the 6^thof November 2014 Aktiv Kapital (UK) Limited changed its name to PRA Group (UK)Limited.
Please note that should your account beregistered with the Credit Reference Agencies, this change will be reflected onyour record in due course. Your existing payment arrangements arenot affected by this transfer and you do not need to make any change to the wayany payments are made.
If your payments are being made via athird party, such as a debt management company or advisory service, pleasecontinue to make those payments to ensure your repayment plan is unaffected.
Your outstanding balance may be subjectto additional interest and court costs if court proceedings have commenced.Please see the reverse of this letterthat explains our company’s Data Protection Policy.
If you have any questions about theabove or if we can assist you in any way, please contact us on the abovetelephone number.

[Diana M]

Re: Time To Start Sorting Things Out!

I think you should remove the letter/email from J & P solicitors since it can identify your case. That letter implies that they are now planning to seek enforcement of the £20k judgment.

I would also remove the exact amounts and dates from the other two letters and replace them with XXXX etc.

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks Diana

Are you able to advise

1) Whether I need to formally request the solicitors to agree to a set aside before proceeding with an application to set aside

2) On what grounds I could submit a set aside application and what chances it would have of succeeding?

Thanks SM

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Hi, sorry to bump again. I want to go ahead with the set aside process regarding the case where I have the CCJ and Warrant or Order against me which i have only recently found about about.

However, before going ahead with it, In formally requesting PRA's solicitors to agree to set aside, I want to at the same time make a settlement offer. Can anyone tell me if this is a good idea or a waste of time?

Here's the letter i have drafted....would be grateful for advice on whether I should amend it or not bother sending it!

Judge & Preistley LLP
Justin House, 6 West Street
Bromley, Kent
BR1 1JN

Attn: Sam Taylor

18 September 2017
Dear Sirs

Without prejudice

PRA GROUP Customer Ref no XXXXXX
Original Account MBNA
Original Creditor Reference ?
County Court Judgement Case No. XXXXXX

As per our telephone conversation of 7th September 2017, and your subsequentemail sent on 12th September, regarding the above.I understand there was a county courtjudgement raised against me back in January 2017 and, more recently, a warrantof control was issued in connection with it.

As all correspondence regarding these appears to have beensent to an address where I have not been resident for over four years since itwas sold in May 2013, I am formally requesting you to have this judgement setaside.

I currently have another county court judgements against mein respect of tax owed to the Inland Revenue, another claim lodged in the courtand a request from a debt agency for settlement of a credit card debt. Allthese relate to debts incurred prior to 2013 and all correspondence has beendirected to my current address. In respect of the judgement against me, thecourt has stipulated I must pay a certain amount each month to the InlandRevenue. This takes up a significant percentage of what I have left each month.

Even if I were to accept that there is justification for theamount of money you are claiming against me, I would not be able to pay infull, and neither would I in a position to make a meaningful monthly payment

However, my sister has indicated that she is willing toassist clear up this matter. She hasoffered me to assist me pay to you a sum as a full and final settlement of theaccount, and because of that assistance I am making an offer ofXXXXX to be paid by the 31st December 2017 asfull and final settlement.This offer ison the clear understanding that, should you accept it, neither you, nor anyassociate company will take any other action to collect or enforce this debt inany way.

If you accept this offer, please confirm that you will markmy credit reference agency file to show that the above account has been paidand closed, mark the outstanding CCJ as satisfied and have the warrant of orderwithdrawn. The money will then be paidto you as soon as possible after receiving your written acceptance of thisoffer but no later than 31st December, 2017

In the event you are unable to accept this offer, could youplease confirm in writing and, in response, formally advise you position withregard to my request to have the related CCJ set aside?

I look forward to hearing from you.

[Diana M]

Re: Time To Start Sorting Things Out!

I want to go ahead with the set aside process regarding the case where I have the CCJ and Warrant or Order against me which i have only recently found about about.

However, before going ahead with it, In formally requesting PRA's solicitors to agree to set aside, I want to at the same time make a settlement offer. Can anyone tell me if this is a good idea or a waste of time?

So you're asking them to consent to a set aside of a CCJ while at the same time making an offer to pay and telling them you can find the money to do this through a family member.

Why would you do that when you may have a potential legal Defence?

You need to consider your options and then make an informed decision based on what feels right for you.

Di

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks for the response Diana.W hat I don't know is what my chances of the set aside succeeding are? I appreciate that there may be some technicalities by which I could perhaps escape any obligation to pay. But I don't think I can afford to have something drag on for a long while . I need to prove to my employer I am working to resolve my issues from a few years ago. Besides, although the letters J&P copied me in don't appear to quote the MBNA credit card account no relating to the debt, I don't want to avoid responsibility for debts I previously racked up. However, that said, the default debt has risen from 14.5k to 25k with PRA and I would like to contest that, as well as ensure that the account at 14.5k did not include charges that have since been ruled illegal. I genuinely don't know the best way to proceed. The offer of assistance from my sister is there on condition it resolves things once and for all, though it can only be a percentage offer of the debt for a full and final settlement.
I don't know where I stand with a warrant against me (on my old address) and the CCJ already in place. I rent a room in a flat so surely they have no right of access to that flat? I have no savings nor anything of any value so I don't know how they would proceed?

Di, I really appreciate your responses on this thread and value your advice. I really would appreciate any advice you could offer me in this circumstance. Thanks SM

[Diana M]

Re: Time To Start Sorting Things Out!

Thanks for the response Diana. What I don't know is what my chances of the set aside succeeding are?
. . . .
Di, I really appreciate your responses on this thread and value your advice. I really would appreciate any advice you could offer me in this circumstance.

Maybe you need to establish your legal position/situation?

Di

[Amethyst]

Re: Time To Start Sorting Things Out!

For this MBNA debt there will be a few issues ( assignment to PRA ( you've had a copy of the assignment notices already though I think?), MBNA credit agreement compliance, charges etc, The Debt when you defaulted was around £14,000. It rose to £25,000 by April this year so that needs looking at and so on ) As it is such a high amount they are likely to fight back so you are likely to need formal help dealing with it. I'd certainly look into your legal position with it before making any offer. For now you should concentrate on applying to set aside the Judgment. Once it is set aside it comes off your credit file ( assisting greatly your good repute checks ) - you could at that stage make an offer if you felt you didn't want to defend the claim or risk the judgment being reapplied. There is a costs risk as your case will be in fast track so I wouldn't recommend doing it alone. Di's firm ( or other firms) might be able to assist on a CFA basis ( they get costs from PRA at the end ) but you'd need to check with them any potential cost liability that could fall on your shoulders should you lose. It's worth a chat to check out the legal position with this before offering to settle - your priority I think is getting it removed from your credit file, settling at a reduced amount is quite unlikely with a CCJ (and thus security on the debt) in place. Once the set aside is done, if you wanted to make a f&f offer you will be in a stronger position. On your 'good repute' checks - will a CCJ that is marked as Satisfied be better than an open CCJ ?

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks guys. I guess I should dispense with the letter and go for the set aside. Is there any argument I can use to pursue the set aside apart from never having received the relevant documentation. I understand this might not be an argument the Court feels is enough to grant the set aside?

Do I need to have formally requested J&P to agree to a set aside?

[EXC]

Re: Time To Start Sorting Things Out!

Thanks guys. I guess I should dispense with the letter and go for the set aside. Is there any argument I can use to pursue the set aside apart from never having received the relevant documentation. I understand this might not be an argument the Court feels is enough to grant the set aside?

Do I need to have formally requested J&P to agree to a set aside?

I haven't read this thread properly but if you didn't receive the original court claim docs then they are good grounds to apply for a set aside, however you'd still need to demonstrate that your defence has a reasonable chance of success which maybe Di or Amethyst could advise on.

If you can't get the claimant to agree to the set aside you can formally apply to the court (without needing the claimant's consent) but you'll need to pay the application fee.

[warwick65]

Re: Time To Start Sorting Things Out!

To apply for a set aside you would normally ask the claimant or their representative to agree in the first instance

Considering the size of the claim I think it really is worth getting legal advice. As Amethyst and Exc have suggested [MENTION=87380]Diana M[/MENTION] I see no harm in saying if you click on her name you will see her email address in her signature. Drop her a line- the worst they can say is no or you have no chance but at least you would know where you are at.

[Sunday Morning]

Re: Time To Start Sorting Things Out!

Thanks Exc and Warwick.

Diana...if it's ok I will you direct?

One other thing....regarding my letter to J&P... should I send them one anyway (or an email) just to request them to get PRA to set aside the CCJ and the warrant of notice, without offering any reason why (other than my not receiving any documentation) and without making any sort of offer?

[Diana M]

Re: Time To Start Sorting Things Out!

Diana...if it's ok I will you direct?

Yes of course you can.

My email address is in my signature at the bottom of this post.

Di