County Court Money Claims center

[PlanB]

Re: County Court Money Claims center

Jo (the solicitor) is on holiday. I don't have a clue about car finance but I'll ask Niddy what he thinks your son should do.

As Pixie has said Jo is on annual leave. She'll be back in the office on 17th August.

Why don't you email Niddy any/all paperwork you have in the meantime.

This claim/CCJ/AOE is in your son's name. He will need to give authority for you to deal with it (via a third party) on his behalf if that's what he wants. Can you get that from him.

From what you say you may have collapsed the agreement on his behalf with or without his knowledge or agreement. This may be a good thing or a bad thing but the paperwork will probably provide the answer to that.

Has your son sent a SAR to get the history of this loan?

Plan B x

[Never-In-Doubt]

Re: County Court Money Claims center

Jo is still working. She's not like on holiday, ie unavailable. So it's business as usual. As said I've mailed Jo...

[nick0]

Re: County Court Money Claims center

Hi All,
Still nothing, the Army have told him he needs to confirm in writing TODAY or they will start taking money out of his salary with immediate effect. Unfortunately I am on holiday so trying to sort this out for him without having the legal knowledge.
I think I will have to use a Plan B and blag with a nicely worded letter that will hopefully do.

Plan B, I gave all the information to Jo via NIDDY email 27th July.

I will keep checking the site today and a nice way to spend my birthday (thanks for the kind wishes).

Cheers

Nick

[nick0]

Re: County Court Money Claims center

This is the letter I have given him to give to the Army.


Dear Sir/Madam,


It has been brought to my attention via a letter from Renault Finance that there is a County Court money claim against me for £6,634.21 that I have no knowledge of.

I have instructed XXXX solicitors to obtain copies of all relevant paperwork in regards to the following.



1. Renault Finance had my XXXX Barracks address and never sent me any information regarding court action.

2. The finance company failed to give me notice of court action and their letter dated 30^th June 2016 clearly states I was in Kenya and so they would have known that I could not challenge any legal action because I was not in the UK and therefore the papers have been served incorrectly.
3. I have not made any payments against the judgement because I was not informed there was a judgement
4. There was no permission given to anyone regarding the car or its disposal and nobody was authorised to contact Renault on my behalf.



The above clearly shows Renault are in fact in breach of the consumer credit act because I was not allowed any chance to defend myself or contest the judgement, they failed to follow the correct procedure in issuing court action against me and I will now apply to have the judgement set aside as are my legal rights.


My solicitor has sent a subject access request to Renault finance and due to this the Army does not have to follow the courts instruction set out in article 151A of the Army Act 1955.

The procedure to obtain the judgement has clearly been obtained incorrectly (see point 2).


I trust my salary will be paid to me in full and any further correspondence from Renault finance or their solicitors will be dealt with by my solicitor XXXXX.





Yours Sincerely


XXXXXXXXXXXX


(signed in print)

[Never-In-Doubt]

Re: County Court Money Claims center

That's a good letter. See what they say to that

[PlanB]

Re: County Court Money Claims center

The army has given my son till 16th August to either challenge the decision or they will deduct
£200 a month from his wages.

It appears that your son's boss has moved the goalposts.

You said in your first post on this thread last month that he was given until next week (16th August) to challenge the decision. Have you any idea why they suddenly brought forward the deadline to today?

Plan B x

(Happy Birthday BTW)

[nick0]

Re: County Court Money Claims center

His Barracks have gone on leave and his boss wanted it sorted before payroll on 16th so that was the last available day that he could challenge it.
I can confirm it has given him a bit of time to get some legal advice.
Cheers
Nick

[BuzzyBee]

Re: County Court Money Claims center

His Barracks have gone on leave and his boss wanted it sorted before payroll on 16th so that was the last available day that he could challenge it.
I can confirm it has given him a bit of time to get some legal advice.
Cheers
Nick

I always thought a creditor could not obtain an attachment of earnings order against someone in the armed forces, and that fact is confirmed by the CAB themselves: https://www.citizensadvice.org.uk/de...om-your-wages/

Your creditor can't apply for an attachment order if you're:

• self-employed
• unemployed
• in the army, airforce or navy
• in the merchant navy.

[The Tech Clerk]

Re: County Court Money Claims center

Already stated in the past that the unit would pay any bill if it is legitimate (credit agreement /CCj or as such) & make deductions through payroll

[Never-In-Doubt]

Re: County Court Money Claims center

A creditor shouldn't be doing this period. It's a joke, and they've clearly abused their position so a definite formal complaint needs doing AFTER Jo guides you on trying to reverse this mess but really you need your son to start getting involved. He *MUST* have had something or heard something. Things like this don't vanish.

That said it sounds as if they've gone straight to the court with the application - your phone call saying he wasn't there fell on deaf ears. I'd see what Jo says but it's not on that they go get judgment then apply for AoE knowing he's not able to respond / defend.

First time I've ever seen this, most likely as they know if he's in forces it's likely he's there for several years. For instance if he was 24 and a sergeant with 6 years working history at army, the lender would rightly assume in most cases that they'll still be there in 5-10 years. It's *how* they've acted which is wrong IMO.

[The Tech Clerk]

Re: County Court Money Claims center

Already stated in the past that the unit would pay any bill if it is legitimate (credit agreement /CCj or as such) & make deductions through payroll

They did me being the 1st person ever to have a Parking Ticket within hours of the new law in Co Durham!

[BuzzyBee]

Re: County Court Money Claims center

They did me being the 1st person ever to have a Parking Ticket within hours of the new law in Co Durham!

Different rules apply to the enforcement of parking tickets and other "offences" as opposed to CCJs. The debtor should have received an N55 and and N56 to be returned. It is an offence not to return the N56 and the court would have ordered a statement of means hearing upon that failure. It looks like they may have known he was in the Army and went straight to them instead. This is all lawful, since the judgment debtor is at fault for failing to return the form. He could have asked for a suspended order if he'd received it.

[nick0]

Re: County Court Money Claims center

Hi All,
Ok Im back from my holidays and the good news is the Army will not deduct and monies from his wages
due to the information received via my letter.

That should give us time to get the info needed to challenge it.

Nick

[Pixie]

Re: County Court Money Claims center

That is good news nick0

[PlanB]

Re: County Court Money Claims center

This is the letter I have given him to give to the Army.

Dear Sir/Madam,

It has been brought to my attention via a letter from Renault Finance that there is a County Court money claim against me for £6,634.21 that I have no knowledge of.

I have instructed XXXX solicitors to obtain copies of all relevant paperwork in regards to the following. . . .

. . . . My solicitor has sent a subject access request . . .

Which legal firm/solicitors has your son instructed?

Plan B x