help needed- ccj set aside, all action dismissed, solicited restarted action.

[Amethyst]

Hmmmm, in your application letter - you say you received a "Judgment for Claimant (Acceptance) " ( do you mean Admission? ) - anyway - do you have a copy of that ? That's the actual original judgment ( 18/5/17 ).

[hufflepuff]

this was the letter.

[hufflepuff]

this is all the paperwork i was sent regarding the complete shambles at the beginning of this. i thought i’d add it just in case it was of any use?

[hufflepuff]

to add this is the only things i ever received i DID NOT receive a new claims pack or anything else with correct details UNTIL 18/5/17 when i received the judgement of claimant letter.

[Amethyst]

That order in #17 says that you replied to the claim form with an admission and an offer to pay at £85 a month. Seems that's the order that they applied for the charging order on, and that you subsequently asked to have set-aside and resulted in just the charge being removed.

So, sorry, to go back to the claim form that was re-served and the original creditor changed to Egg from Brittanica Recoveries, do you recall at all what you replied to that with ? or ( as your set aside app says ) did they not actually serve that claim on you and you only got a copy later, after the judgment had been made when you were sorting out the set-aside app ?

Any completion of any Income/Expenditure sheets from the court ? Any of your letters to the Claimant that could have been deemed an admission and offer to pay ?

We will get there with this, so don't worry - just trying to work out how you a)ended up with a judgment by admission initially, and, b)the claimants agreed to a setaside but the setaside didn't get ordered.

So basically WHEN did you receive https://legalbeagles.info/forums/fil...hotoid=1430013 ? at the time, or after the judgment ?(it's marked as file copy do not post so presumably it was MC''s copy)

[hufflepuff]

thank you so much. so we never had claim pack re- served we just had all that sent from MCS the date it was sent was 21/07/15 the letter itself said we are re-serving claim form and response pack on you and then had ‘file copy do not post’ on it. we didn’t receive anything from the courts either. so we didn’t respond to that letter other than to ask again for more clarification of the debt as they just said egg debt. we believe this was a debt we already had a ccj and charging order for but they refused to provide any paperwork etc to confirm or deny if it was.

the the only time we filled in anything was at the beginning of all of this. (when they scared us and we had no idea what to do! ) this original paper work was the one i talked about in para 1 of my letter when the original ccj was applied for with the incorrect original creditor details.

never since then have we filled in anything they have sent. the only communication we have ever since sent was asking for clarification of debt and to provide us details from original creditor.
they generally write sporadically asking us if we wished to uphold our payment offer and to fill in an admission. which we never did!

i hope that clarifys that?!
i am hugely appreciative of your help

[hufflepuff]

the next thing we then received from the courts was that acceptance form in 18-05- 2017 so just short of 2 years later!

[hufflepuff]

that’s when we asked for it to be set aside and the whole sorry saga continued!

[Amethyst]

Okay. What a palava.

First thing is to see what their take on it is... so stick to a simple "WTF??" letter like the one I wrote above … and just include a copy of their letter saying they consent to the set aside and draft order ….. see what they come back with, then, if they are obtuse, it'll have to be another application to the court to get all this sorted out.

Do you have evidence of the original judgment you were paying through CCCS ? If not, then I'd try get hold of that and the schedule of payments made through the DMP off of CCCS ( stepchange ), as we'll want that for the court to evidence this issue/debt has already long since been done and dusted.


Ooo thinking - was the CCCS payment going to whoever the previous judgment holder was £85 a month?

[hufflepuff]

our payment was to drydens for our original ccj and charging order, and was £125. i think we came up with the help of cccs/ step change with the additional £85 as we by that point had paid off most other debts so could afford an additional £85.
i do

[hufflepuff]

i do have my original paper work for the drydens/ egg debt but don’t have a payment schedule/history. i can’t actually even find confirmation letter from them saying it had been paid off but obviously it was as stepchange/ cccs finished our dmp with them when last payment was made!

[Amethyst]

our payment was to drydens for our original ccj and charging order, and was £125. i think we came up with the help of cccs/ step change with the additional £85 as we by that point had paid off most other debts so could afford an additional £85.
i do

hmmm. That seems to be where the £85 is from then.Any idea when that change was ? So also send a SAR to Stepchange then asking specifically for everything related to your account with Egg ( Drydens etc ) - Subject Access Request Letter

And then I think give Drydens a call and ask if they have any records and could send you confirmation that the judgment was discharged. If they won't it'll have to be a Subject Access Request to them too.

Basically we need to get in progress all the information gathering that we need so that is MC are stubborn we have everything available to make an application to squash them.

[hufflepuff]

i have located this from stepchange it was sent around the date of very original ccj from MCS and it was attached to an email from them (stepchange) telling us how to fill in that original form in (the one that they (MCS) filled in wrong! i assume this is why the £85 figure appears (sorry my brain is so muddled with all of this!)

[hufflepuff]

i honestly can’t see why they still won’t provide us with the original debt info!?! when we first started our DMP we were really struggling, we had debts all over the place and were in a huge mess! this whole thing really scares me as we honestly think this originates to the egg debt paid off but i’m a little scared it’s another egg debt lurking we have no idea about but i guess could still exist? I said this to stepchange and they say that even if eventually MCS provide us with info saying it was another debt, said debt would not have been paid since 2010/11 and was not on our plan, so would be status barred by now and we can obviously add that in defence but i’m terrified that we have this huge debt still looming over our heads and is a ccj, which in either case shouldn’t be! sorry just had to let that all out!

[Amethyst]

No it's absolutely fine, you rant away... I do wish CCCS would leave court stuff alone though !

Anyway

attached to an email from them (stepchange) telling us how to fill in that original form

You haven't got a copy of that email have you? And that was in relation to the original claim from MCS which said Brittanica Recoveries SARL ?

You are a star keeping hold of the majority of these documents btw - mine would take forever to find out random boxes in the shed and most would probably have vanished into the bin by now.

I said this to stepchange and they say that even if eventually MCS provide us with info saying it was another debt, said debt would not have been paid since 2010/11 and was not on our plan, so would be status barred by now

I'm afraid as the claim was issued in 2014 and only re-served, not withdrawn/discontinued etc, that original issue date stands, and the debt wouldn't go statute barred.

But I can't imagine you can forget an £11k debt outstanding however messy things got financially and life wise, so seems likely it is the original Egg debt that has been mis-administered somewhere and ended up on a purchase list for Brittanica then Cabot.