HELP please, received CCJ forms in the post

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

See this: ---> http://www.justice.gov.uk/civil/procrul ... m#IDAOIOVB


Have a read here too (about the N9) ---> http://www.tradingstandards.gov.uk/wirr ... urt/n9.pdf

Notice at the top it says "If you need 28 days (rather than 14) from the date of service to
prepare your defence, or wish to contest the court’s jurisdiction" - then you request this in the acknowledgement of service.... ---> http://www.justice.gov.uk/civil/procrul ... part10.htm

http://www.justice.gov.uk/civil/procrul ... m#IDAINJOB

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Hi Niddy,

That's why I'm confused - I did send back the AoS requesting 28 days. They said that they give you an additional 14 days from receipt of the AoS (not 28 days in total), so after them having received my AoS, my response date to the court is 2nd Nov (original CCJ papers received 13th Oct).

As suggested by the court switchboard, I wrote a letter to the judge (which they would have received yesterday) requesting more time as FLM have not responded to me. I included a copy of the request to FLM and evidence of the date they had received that request.

Guess I just have to wait now to receive confirmation from the court they have extended the deadline. As well as keep waiting to hear back from FLM..

I don't really understand all the notes on this process. If FLM don't respond to me at all, canthe CCJ be thrown out?

Many thanks, as always.
p

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

If they do not respond then when it goes to court it would be set aside until they comply with your CPR request. You've done everything right, bear with me I'll chase Paul (resident lawyer) and try get him to post a reply to you.

He's not been well lately.

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thanks Niddy, and please don't chase Paul on my account - I can wait! p

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Nah it's about time he got his sorry ass back to work lol.

I can only ask, see what he says.

Back later tonight.....

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Hi Niddy, well curioser and curioser - I received my paperwork back from FLM and they have a copy of the agreement.
Now I don't really know what I'm supposed to be looking for and what I can use for my defence, however these are the first things I've noticed:
1) They have withdrawn the court case and issued me with a new default notice (as they’ve lost the initial notice they issued me with in 2009 and have no proof of postage) for the amount of £2,844.83.
Mini hooray!
However while I wait for the new CCJ (As I can’t pay within 2 weeks) – I note the following – if they use the same figures etc:
2) The APR on the agreement is correct and is 24.7%. In the CCJ they have stated 47.9% so that is inaccurate and can be proven.
3) What confuses me is that they have 2 "balance" figures. I quote "Please find enclosed a statement of your account, showing all instalments due and charges. Please be advised that interest was not stopped at day 90 of the account being in arrears in accordance with our business practice. This has now been reversed from your account, as you will see in the entry of 25th October 2010. Please also note that the balance outstanding is different to the balance of the arrears - this is due to the intimate workings of our system and the figure for balance outstanding should be used for calculations, as the last payment on the account, assuming that the regular monthly instalment was made should have been 3rd December 2012.
Now given the balance on the CCJ paperwork was £5342.57 + interest as pleaded in the sum of £1977.68.
The balance in my paperwork from FLM (dated 28th Oct) - "current arrears" - £5,567.57
"current balance" £2,844.83 and this is the figure they’re going to give me the option of paying in 14 days of they’ll pursue a new CCJ.
So neither of these numbers tallies with the now defunct CCJ paperwork, and given their quote above that the "figure for balance outstanding should be used for calculations" and the fact that the new default notice will be for that figure - shouldn't the figure in the CCJ paperwork be £2,844.83 ? In which case it would also fall under the £5k threshold and they wouldn't be able to request interest on top?

Or if they do use the £5, 567.57 figure, to my understanding that already includes interest so how can they get to add it on again to the £7k figure?

No urgency, I'm just trying to get ahead of the game for the new CCJ. Also, if I don't receive the new default notice does that have any bearing on the new case?

Many many thanks and sorry for another really really long post!
p.

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Hiya

Don't worry - there are too many errors, plus the fact they've cancelled one claim already, that help you if they should try again.

Transformer has done a great defence here: ---> viewtopic.php?p=36086#p36086

That should go some way to help you find things to look for, such as the default notice / termination notice etc. You really need to read, then read some more finally reading it all again so you're clear with the processes - then and only then do you file a defence. However, please update us if you get a chance cos I missed this thread (sorry) so I may be too late!

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Hiya, thanks so much for all your help - this week they re-accepted my monthly payment offer and are no longer taking me to court!

Also the total amount outstanding is now just over £2k as they fiddled the interest so this court case has actually SAVED me about £5k !!!

Absolutely over the moon!

Thanks so much,
p.

[transformer999]

Re: HELP please, received CCJ forms in the post

Congratulations on sorting this mess and I am pleased for you, you have received some excellent advice from NID or is Mr Cool?

Anyways, great work, hopefully you will be able to relax a bit more now and remember to keep on top of things and get everything they have said and agreed to in writing.

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thanks transformer, indeed everything is now in writing (in fact was before, made no difference) and NID was an absolute godsend! I don't know what I would have done without this forum.

One day, when I have some money again (don't hold your breath guys, it might be a while off!!!), I hope to come back and donate some cash to the running of this site. Long may this forum help the little guys !

Thanks all again.

[transformer999]

Re: HELP please, received CCJ forms in the post

I totally agree with you there,

Great advice from NID

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Hiya, thanks so much for all your help - this week they re-accepted my monthly payment offer and are no longer taking me to court!

Also the total amount outstanding is now just over £2k as they fiddled the interest so this court case has actually SAVED me about £5k !!!

Absolutely over the moon!

Thanks so much,
p.

v wehey - brilliant news and what a result eh?

Keep us updated, and again - brilliant result....

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thanks transformer and Niddy!

I did want to highlight, in case it helps someone else reading this, that it seems to have been the fact they had no proof they'd sent me a default notice initially as to why they cancelled the court case. Not withstanding the fact all their APR and balance figures were complete BS!

Maybe that might help someone else - in that though they had the copy of the default notice but it was sent automatically by their system and wasn't sent recorded or special delivery and they couldn't prove I'd received it.

I didn't ask them to cancel they did it voluntarily as a result of my CPR request and stated they were cancelling in their response to that. I doubt these guys do much voluntarily so the proof of default notice sent must be pretty key?

hth,

p

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Hiya

You cannot obtain a CCJ without first issuing a default notice, then a termination notice and after that can you then apply for a CCJ. If those two steps were missed then any application for formal judgment (ccj/co etc) will always be thrown out anyway.

There is a process to follow....

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thanks NID - Am I right in thinking they have to PROVE they sent a default notice (i.e. by recorded or special delivery), rather than them just having a copy of one sent ? It seems to be the reason FLM stopped pursuing me initially..