Hi, just joined

[gmleo]

Re: Hi, just joined

Hi All. Been a while

Quick update.
All is quiet, I'm slowly losing some defaults from my credit file as SB.
All except the largest debt of mine, CCJ with MBNA /Arrow Global listed earlier in this thread.
Bryan Carter Solicitors just said goodbye, and Drydensfairfax Solicitors have just said hello, on Monday 28 April.

Drydensfairfax Solicitors sent a standard letter talking of enforcing the CCJ, highlighting the usual threats, repossession, attachment to earning and bailiffs.
This debt has been quiet since the CCJ was first obtained in Jan 2012.
My circumstances are the same, they can't really threaten me with the above three threats, I'm self employed, renting and have nothing of value except work related items I need to work, tools.
How likely are they to try to close my bank account, or worse, try to enforce bankruptcy on me?

I've also read on one of the court documents that the CCJ has rolling interest at 8%.
Means the Debt isn't £9.6K anymore, it's more like £12K.
I've still not paid anything toward the CCJ to date.

Would the amount of time that has passed, 2.5 yrs, likely be viewed as "too long" by the judge? As in they left it too long to enforce it, so.. have a hard time trying to do so?

Thanks in advance

[gmleo]

Re: Hi, just joined

I'm worried :ranger:

[Amethyst]

Re: Hi, just joined

Hiya, having a read back through. Posts during the early hours do sometimes get missed through the next day, my apologies xx back in a few mins xxxx

[Amethyst]

Re: Hi, just joined

Just quickly on this bit

"'Would the amount of time that has passed, 2.5 yrs, likely be viewed as "too long" by the judge? As in they left it too long to enforce it, so.. have a hard time trying to do so?''


No, they have six years from judgment to commence enforcement.

[bluebottle]

Re: Hi, just joined

I would contact the court about the "rolling interest" and ask them to confirm what was on the Payment Order issued by the court. The annual rate for Statutory Interest is 8% and the daily rate, I believe, is 0.022%.

[Amethyst]

Re: Hi, just joined

Would you be able to post a copy of the freds letter up?


I think, to stop further enforcement, you should start looking at entering into some kind of arrangement as the judgment amount will just keep increasing at simple 8% each year, an income expenditure/assets sheet and an offer of £1 a week might assist them in leaving you alone.


Presumably as it was default judgment it was a forthwith order? Did you discuss repayments or anything at the set aside hearing ?

[gmleo]

Re: Hi, just joined

Thanks for replies.
Scanner only connects when it's in the mood, trying to scan the letter now.

Didn't discuss anything else with the Judge, no payments discussion at the set aside hearing.
Bryan Carter solicitors didn't attend the set aside hearing, they just sent a 2 page letter that beat me instead.
This letter stated that they would be agreeable to taking reduced payments, that was the only reference to payments.

Original Default judgment was made in my absence on 17 Jan 2012.
Letter written 01 Feb 2012 arrived from Bryan Carter solicitors to say they had won judgement.
The claim form dated 21 Dec 2011 arrived to my place Feb 11 2012, After the CCj hearing had already happened.
That was my reason to apply for setting aside of the CCJ, so I could prepare a defense, to get the CCA from the creditors, which took them a further year to send.
I could not afford to consult a solicitor at the time, and here we are.
Yay.

My set aside case was dismissed and the original default CCJ stands.

Yes, if it comes to it, I'll have to start paying something.
Worst case plan is I come to an agreement as I ultimately need it removing.
I'm hoping to negotiation a plan to pay 50% (£5K) at £500pcm, only on the proviso the CCJ will be removed entirely.

If I understand the alternate route correctly, I need to ask the court for permission to appeal the judgment?
Followed by asking for permission to appeal out of time?
Only then if I get past those hurdles can I actually talk about the UE loo roll contract, and win?
And these permissions are only granted if I can demonstrate the judge made a mistake in law with his ruling? Or words to that affect.

The hypocrisy drives me insane, I have to admit.
A creditor can enforce a CCJ 5 years after judgment, no qualms, quite normal practice, right?
But the debtor can't challenge with new evidence, they have only a month (or 21 days) and that's virtually it?
Why the discrepancy? Why do they get the full 6 years or more without penalty, when we get a month and then it gets harder the more time passes, when after only 2.5 years later I'm almost forbidden to try?

The courts are making a mini fortune in claim fees, so makes little sense for them to kill that cash-cow.
All seems a bit one sided to me.
Fail to understand how they can slap a CCJ on someone even if they have no legal contract against the debtor (or any contract at all!) then it's up to the poor debtor to become a mini-lawyer and defend correctly, within a month.
That's assuming of course the claim form arrives on time, if ever!

Or is it just me?

[gmleo]

Re: Hi, just joined

Scanned Drydensfairfax letter. Hoping it's attached in the window?
I'll soon find out.

[gmleo]

Re: Hi, just joined

I would contact the court about the "rolling interest" and ask them to confirm what was on the Payment Order issued by the court. The annual rate for Statutory Interest is 8% and the daily rate, I believe, is 0.022%.

Thanks BB.
"Rolling" was my word. As in "Rolling Interest".
This is the document I saw it. It mentions the interest at the bottom left, I may have some extra special attention as it's over £5K?

[bluebottle]

Re: Hi, just joined

Did the N1 claim form that arrived at your home after the court hearing at which a default judgement was obtained arrive at the time it did because you had moved address and it was redirected? What date was the postmark? If not, it sounds like the court may have been mislead. However, after two years, it is likely to be difficult to get a potentially iffy judgement quashed.

[gmleo]

Re: Hi, just joined

Did the N1 claim form that arrived at your home after the court hearing at which a default judgement was obtained arrive at the time it did because you had moved address and it was redirected? What date was the postmark? If not, it sounds like the court may have been mislead. However, after two years, it is likely to be difficult to get a potentially iffy judgement quashed.

Hi BB.
No, same address for 10 years at the time.
The letter unfortunately wasn't post marked, standard brown envelope with franking machine smudge.

I can't get my brain around how it could be done, is it possible for the OC solicitors to delay a letter being sent from out from Northampton?
I don't know how it's even possible, but I suspect that Bryan Carter solicitors have deliberately timed the CCJ by issuing it days before Christmas, perhaps delayed documents to the last moment to obtain a judgement against me before I even received the claim form; which would have given me advance notice of the pending hearing of 17 Jan. Instead I received the claim form on the 11th Feb, after the CCJ had been granted.
I'm wondering if a SAR would be useful here? Hypothetically, if that were the case and I found proof of that, surely that would be grounds for appeal?

[bluebottle]

Re: Hi, just joined

I think some of your suspicions may be pretty close to the mark. The smudged franking machine imprint is rather suspicious. Sending an SAR to the court that granted the CCJ asking for details of when BC lodged documents and copies of all letters, etc., they sent to the court in connection with the case, would be useful. My suspicion is that your right to a fair hearing has been violated which is unlawful. This may need to be referred to HMCTS HQ, in London, but see what the SAR discloses first.

[Amethyst]

Re: Hi, just joined

Scanned Drydensfairfax letter. Hoping it's attached in the window?
I'll soon find out.

lol, they'd do well to enforce a judgment obtained in 1899

[Amethyst]

Re: Hi, just joined

When you entered the set aside application did you include a draft or outline of the defence you had against the claim ?

The judgment is for an instalment order of £50 a month from Feb 2012 onwards. Did you ever pay anything ?

There wasn't a hearing, it was simply a default judgment because you hadn't replied to the claim form, because you didn't receive it. You applied to set it aside once you found out about it, your application failed (at a hearing), and the judgment order of £50 a month stands. You haven't made any payments on the judgment and therefore the claimants are looking to enforce.

[gmleo]

Re: Hi, just joined

lol, they'd do well to enforce a judgment obtained in 1899

I did notice that, made me smile Cute little funny buggers.

Robert Cecil, 3rd Marquess of Salisbury. Prime Minister of the United Kingdom in 1899
What did he have to say on CCj's again? I forget.