Court Issues

[pineway]

Hi,

If a creditor takes court action and its ignored and judgement is entered by default and later you have the big boys on your door step demanding all sorts, so you pay £35 application to have them stoped.

and later you find out after reviewing the information that they have put your name down wrong both on a credit agreement and the court papers

Example

Mr John William Smith (The Correct Name)

Name on Agreement and Court Papers (Mr John JJW Smith)

what are the options?

 

[Cred-X]

They could argue that if the name was incorrect then you should not have signed the original agreement. If you agreed that all details on the form were correct then they could claim that you purposely tried to deceive or obtain monies by deception.
In that case you could find yourself in hotter water than they were.

 

[pineway]

After checking with them, Its been confirmed, they do not have the agreement as the account was opened in 1999 and they only keep documents for 6 years.


I only noticed the error in name in the last few days of looking at my credit file

 

[Moneyline]

You can apply to have the judgement set aside on the grounds that you do not owe them any money as there is no credit agreement. You can then enter your defence under s127 of the CCA for the reaqsons above.

Depending how long ago it was, and whether the judge is in a good mood or not will decide as to the outcome.

A copy of any credit agreement is essential in the first instance as, around 75% of agreements are unenforceable, with some only enforceable by the order of a judge.

 

[pineway]

The judgement was passed in 2006/07 i think but am not sure. Will have to check

If i had noticed this before i completed the application to stop the Fugs trying to get into my house, i would have had more grouds to kick up. but then not knowing my full legal rights etc, completed the application, which may go againsts me so i have been told. (Payment is admiting)

 

[Moneyline]

I'm afraid that any application to set aside will be rejected. Stump up on this one and use it as a learning curve.

Remember to check over any other credit agreements you may have.

 

[pineway]

Just been looking up

so should i put

Section 127 of the Consumer Credit Act 1974
Enforcement orders in cases of infringement
(1) In the case of an application for an enforcement order under-
(a) section 65(1)(improperly executed agreements)

on the N244??

What can i DO?

The Facts

Jugement Entered around 2006/07
(1) In the incorrect name
(2) Cant supply Agreement
(3) Cant provide Statement of account

due to this not being in my correct name, as ment its not showing on my credit file but a deafult is but yet again under the incorrect name.

 

[Ashley]

I agree with Moneyline, unless the Judge hates the agancy soltitor they will send and he got a lucky the night before you have no chance of a set aside.

If you lose (and if you win) and it is at hearing you will get costs added I imagine they will be no less then £150 but could be a lot more.

You have paid money admitting, very old and plenty of time to apply for a set aside and you only do so now someone is knocking on your door.

And your defence is dodgy IMO and even if set aside do you have a defence? as they will just adjust names, then you are back to square one just this time with more interest and more costs. A judge will not grant a set aside if there is no defence to be entered.

If you can not pay it use the form and pay over time.

 

[pineway]

Thats what i want, a Retrial of the case, but in the correct name

This will then let me use Section 78 of the consumer credit act 1974 whereby they are not able to provide a true and signed copy of the credit agreement.


Case Dismissed

 

[Moneyline]

The judge would just have dismissed it as a typo. Unless the name was smith and you were Jones, it would not make much difference.

He would also say that, ignorance of the law is no defence. In other words, you should have done your research into why the debt was not enforceable before the hearing and used that in your defence.

If you are going to do this, then yes you must put on the form that, as there is no credit agreement, you are requesting to have the judgement set aside so you can then enter another defence.

BTW, were you also sent a default notice? This is a reuqirement of the law to do so. If they didn't you need to also put this in the form.

S127 is only concerned with the unenforeability of a CCA, you are asking for the judgement to be set aside.

 

[pineway]

Would something like this Work

http://www.benwell.clara.co.uk/N244-ad.pdf

 

[pineway]

Not sure, as per credit file, it says default was done 2005

The judge would just have dismissed it as a typo. Unless the name was smith and you were Jones, it would not make much difference.

He would also say that, ignorance of the law is no defence. In other words, you should have done your research into why the debt was not enforceable before the hearing and used that in your defence.

If you are going to do this, then yes you must put on the form that, as there is no credit agreement, you are requesting to have the judgement set aside so you can then enter another defence.

BTW, were you also sent a default notice? This is a reuqirement of the law to do so. If they didn't you need to also put this in the form.

S127 is only concerned with the unenforeability of a CCA, you are asking for the judgement to be set aside.

 

[Moneyline]

The reason that you wasnt to set aside is because, due to more recent evidence that has come to light, it appears there is no credit agreement in place to show that a debt exists.

And enclose a letter from them to prove this.

S127 comes into play in your defence , should you get the set aside.

 

[Moneyline]

BTW, I still think you are wasting your money.

But I hope I am wrong

Good Luck

 

[pineway]

Ok, all noted, i shall make a payment offer of £1.00 per month (Debt £14k)

1166 Years to repay and due to the incorrect names, it has not effected my credit history

 

[Cred-X]

Well there's no guarantee that the judge would agree to an offer like that and I would be amazed if the Claimant would.
You may find yourself being ordered by the judge to appear under oath and having to provide financial information to the court. Or the claimant may just decide to issue bankruptcy against you and take what they can from any assets they can sell off.

 

[pineway]

But what would they do, Of course, i have the cash to pay it off, but dont want to unless foreced,

bankruptcy would be there only option, but then again, i would pay if off, if it came to that, but given the fact they have the name wrong.

MR David DDJ Benwell hereby Required to attend court.

Reply, Sorry, there is No one here of that name,

Well there's no guarantee that the judge would agree to an offer like that and I would be amazed if the Claimant would.
You may find yourself being ordered by the judge to appear under oath and having to provide financial information to the court. Or the claimant may just decide to issue bankruptcy against you and take what they can from any assets they can sell off.

 

[Cred-X]

Well with all due respect to you and your situation etc etc, there are many companies on this site that suffer an impact on their own cashflow, on their livelihoods, because of debtors taking exactly that sort of attitude.
If you took out a loan or what ever then you should have the courage of your convictions and pay your dues, not try and weasel out of it.
I'm not defending the rights or wrongs of a single piece of paper or trying to uphold another debt collector here but all too often on these types of topics it seems that the thoughts of the creditor are totally dismissed. They loaned you a considerable sum of money and yet you think that they should be forced to squirm and dig to get paid what you were so quick to take from them?

There are genuine debtors out there who fall on hard times or who are taken advantage of by unscrupulous debt collection agencies - I would be the first to say that they need and deserve help and assistance - that's why I help with voluntary debt workshops at a local councillor office. But people who simply try and evade responsibility using any little loophole certainly do not deserve assistance, not when the rest of us may end up indirectly paying for it.

Sorry of this sounds like a rant, it's not intended that way, I'm just voicing my opinion of how this thread seems to have evolved.

 

[Dawg]

It's quite surprising that you come onto a forum, and the open part of a forum which is well tracked by Google, and discuss ways of avoiding your debts because of an administrative error. It's interesting that you have the money to pay the debts, but feel this is your best course of action.
Do you think having this discussion, in public, with you signatures visible, will be a marketing success for you? Will people think, "Mmmm, must do business with him?"

 

[pineway]

When i was out of work back in 2005, Lloyds TSB where of no help

I took out a credit card in 1999 and in 2005 i lost my job and could not afford to pay what they wanted, (never defaulted until then) hints £14k limit - I even have a Overdraft on my bank with them at £5k limit

before i lost my job in 2005, i was on very good money - Typically, Overdraft limits are based on 50% of your monthly wage,

not many people get a 5K limit on a persoanl bank account, but my proven track recorded with them let me

they hammered lots of charges on the account,

now days, your just a number on there books, no previous history counts.

Now days, if you miss two or three payments, they pass out to the like of HFO, Capquest, Lowell



6 Years with excellent payments - but soon as i get in hardship due to losing my job in 2005 they cut lose.

So i now have no respect for them.

If they where more helpful in 2005, i would of NOW paid the full balance


The banks, killed me financially in 2005

Do banks that pass debts to the likes of Capqest who try and charge £25.00 per phone call
Derisive respect?

Remember this, its the Debt Collectors that destroys many Familys and its about time people stand upto them and fight back.

hints why now, if any debt collector phones me, I ask them to prove it, before i pay

If they comply dont had ££££ to the account balance, then i will pay them

IF they take the P*S* then so can i

I hope you guys understand what i am getting at here

Before long, the Debt Recovery Industry will become regulated to the extend that Security Gards have become (SIA Licence ) example

 

[pineway]

You hear so many people say, We had XXXX on the phone to day, I am not able to work for health reasons, but get told, "You have signed an agreement saying you will pay £££ per month, NOW you pay it, or we will slap you in the face with £££ Charges knowing full well that people like this wont be able to pay the debt.