Debt collector not providing proof of claim

[POLLY777]

Re: Debt collector not providing proof of claim

Hello Di,

Thank you for your reply.

I have received two things from the Court in a Court envelope. A General Directions Order from the DJ and attached to it is a copy of the Application the Claimant sent to the Court dated in May. The Order is dated September!? I think that's odd in itself.

Hope this helps?

Thank you

[Diana M]

Re: Debt collector not providing proof of claim

Then I think (guessing without seeing the paperwork) that in May this year Mortimer Clarke made a no-notice (without informing you) Application to the court to lift the stay and grant a Default Judgment since you hadn't filed a Defence in 2014. They would have asked the court to make a decision without a Hearing.

It appears that in September 2017 (just now) a DJ may have granted their wish (a Default Judgment) and has made an Order with Directions where you have been given 7 days to 'react' to the Order (apply to vary or set-aside etc).

What exactly does the General Directions Order say?

And which court did the envelope come from? Was it NCCBC (Northampton) or was it from your local county court (more likely)?

Oddly enough we (my firm) had a similar scenario on Monday with a client who had been told by the Claimant's solicitors that everything was on hold in 2013 so they needn't file a Defence, and then last week (i.e. four years later!) found that they had a CCJ (at their old address) a few months ago.

Does that sound like what may have happened to you?

Di

[POLLY777]

Re: Debt collector not providing proof of claim

Hello Di,

This is a terrible state of affairs and extremely unfair and underhand isn't it.....how can a proper judge allow this behaviour?

The Order states:

Before District Judge......sitting at the County Court business Centre, 4th Floor St Katherines House, Northampton..

It is ordered that:

The application to lift the stay and enter judgment is granted.

Its goes on to states this order has been made without a hearing and I may within 7 days of service apply to the court to set aside etc....

I don't understand how this can be and what they are playing at. I'm not coping with the stress this is causing and I feel so angry about it this is fraud to me...

Thank you for your help...what do you think I can do?

[MIKE770]

Re: Debt collector not providing proof of claim

Set Aside Application

[Diana M]

Re: Debt collector not providing proof of claim

A Judge hasn't heard your side of the story so that's why this has happened.

However the court has now given you the opportunity to make an Application to Vary or Set-Aside that Order.

If you do that then this would likely trigger a transfer of the proceedings to your local count court where you will have an opportunity to make the court fully aware of the history of what has gone on.

Try not to stress because they may have won a battle but they haven't won the war

Di

[CharlieP]

Re: Debt collector not providing proof of claim

You need to apply to have it set aside, now, immediately. Follow Mike's link above.
You'll need to create a draft defence, order and witness statement. Post up a redacted copy of what you want to submit before you send in the application. As it stands nobody can help you with that here as you haven't provided any background info to do with this credit card account i.e agreement start date, amount, last payment made etc. If you don't think you can do this on your own I suggest you contact a solicitor (I used Joanna Connolly) and see what they say.

[Diana M]

Re: Debt collector not providing proof of claim

they did issue a claim form but to the wrong address back in 2014.

I wrote to them from my new address and asked them to provide me proof of claim etc - they then wrote back and said that they would put the account on hold until their client provided the documentation I requested.

that was the last I heard in 2014.

They never bothered me again at any address and so I thought the matter was closed until this happened.

They have stated that I failed to respond to the claim but this is a lie as I have a bundle of letters I sent them at the time.

It says the claim was stayed as the claimaint did not request judgment within the required period of time!

They are claiming judgment by default - as if I did nothing. But I did and they acknowledged my letters at the time and told me the account was on hold until the documentation was forthcoming.

This isn't going to be straightforward, it's going to be complicated, but not insurmountable.

It seems the claim on which they have got the CCJ was issued and served on the wrong address for you in 2014. That should have been set aside since you imply you have evidence of this.

You also say the claim was stayed because the Claimant didn't inform the court that they intended to continue with the proceedings. That would only have happened if you had filed a Defence and the Claimant had been given 28 days to respond and failed to do so before the deadline.

In some cases we find that the Claimant's solicitors take the Defendant's correspondence and then send it to the court to file it on the Defendant's behalf.

Or is there a possibility that you wrote to the court at some point and they took that letter to be your Defence? This happens.

Another possibility is that the solicitors abandoned the first claim and then re-issued a second claim with better Particulars of Claim (to suit their legal argument and/or lack of documents) or even applied to the court (ex parte) to amend the POC for the first claim (to suit their legal argument and/or lack of documents).

Check the claim reference numbers with the Order you received yesterday.

Di

[Diana M]

Re: Debt collector not providing proof of claim

I didn't receive the actual claim form - only have sight of it from an SAR request
. . . .
As I can see from the records I have - the claim form was sent to an old address and returned to sender, (Mortimers).
. . . . .
I never got the claim form properly - only through an SAR so it was a photocopy.

^ ^ ^ ^ I've just spotted this

Unless I've misunderstand the claim form was served on the wrong address and returned to sender which I presume was NCCBC . If that was the case then NCCBC would have informed Mortimer Clarke.

I think you're also saying that your SAR to Mortimer Clarke produced evidence of this (otherwise how else would you know) so that begs the question how were they able to obtain a Default Judgment for a claim which NCCBC would/should have known was not served on anybody?

And if Mortimer Clarke knew the claim form had been returned to them by the court (because that information is in your SAR from them) what reason have they got for making an Application for a Default Judgment three years later?

(Unless they issued a second claim?)

Di

[POLLY777]

Re: Debt collector not providing proof of claim

Hello Di

Thank you so much for helping me!

That is an extremely good point!! I am going to get another SAR asap and flush them out!

I couldn't find these posts so I ended up doing another post/question just now about time limits with Stays on Claims.

I was told the limit was 6 months so surely 3 years is not allowed - otherwise nothing would ever come to an end with these Claims.

This has been on my credit file for 6 years as a Default and came off last Autumn. How can it go back on my Credit File again?

I am so grateful for your help.

I have written to the Court and I will update on here when I hear back from them.

Have a great weekend.

[Diana M]

Re: Debt collector not providing proof of claim

I am so grateful for your help.

I have written to the Court and I will update on here when I hear back from them.

I've explained that a letter to the court is not the way forward.

Di

[POLLY777]

Re: Debt collector not providing proof of claim

UPDATE

I have sent an application to court for strike out/set aside and hearing has been set.

The claimant has never produced any proof of claim from my letters requesting this, therefore, I think I need to write to them directly and demand this proof and documents don't I?

On reading this site do I use the CPR 18 Rules AND a CCA Request etc or do I use the new Pre Action Protocols from 1st October 2017 which have come into play?

Please can Di or someone advise me which route to go down as I think I need to write to them before the hearing date to get them to show me the documents they think they have to prove their claim. Also - as there is a Hearing now - is there a specific right I have to view all the documents they are going to rely on in Court?

Please remember I have never received a claim form and I don't even think this should be in court but we know how this systems railroads you......it is now statute barred by over a year.

I am also worried that by requesting the above documents I will breathe new life into a claim they have not served legally.

Really appreciate this site and all the help as the stress is really getting to me now and have even had time off work!
Thank you

[Kati]

Re: Debt collector not providing proof of claim

[MENTION=87380]Diana M[/MENTION] xx

[POLLY777]

Re: Debt collector not providing proof of claim

hello

is there anyone who could reply to my previous post please as I need to send off a CCA request and CPR18 0r 31? to their Solicitors?

Not sure which way to jump right now and time is ticking.

Thank you very much x

[POLLY777]

Re: Debt collector not providing proof of claim

Did you send a CCA s78 request + £1 fee to the Claimant?
If yes, do you have proof of postage?

Hello there,

Yes I did and yes I have.

Thanks

[warwick65]

Re: Debt collector not providing proof of claim

Hi Polly

You could always contact Di directly by PM or email if you want to talk to her. Her email address is in her signature on her profile