Urgent help needed please

10past6

I've just been directed to this thread

skylined_gtr wrote: »

in February 2009 a charging order had been placed on the house for the sum of £1800 due to an unpaid, unsecured debt

Re the above, you need to apply to the court using this form and request that case be set aside, if your application is successful (no reason why it shouldn't be) you must request the Judge to give instructions for the charging order be removed.

skylined_gtr wrote: »

another letter from Northampton County Court so I opened it. Found another claim form in there stating I owed £10,000!!!!!!

When was this issued?

If it was ove 14 days ago, again, use the form above and request the case be set aside

Northampton County Court is actually a bulk centre, it deals with all online claims issued through MoneyClaims, the reason creditors / DCA prefer to use Northampton, it allows them to get away with filing a claim, yet not having to produce any documents/ proof of debt/ or any kind of evidence, whereas it’s totally the opposite if they issued through a County Court.

Any problems / issues, come back and post or PM me.

chevalier

i hope that you get this problem, and wanted to offer my support
chev

skylined_gtr

I'm so sorry for dissappearing off the face of the earth, I couldn't find this thread and started to panic!!! Oh thank god I found it again, well and truly bookmarked now so I don't loose it again.

Fantastic information, thanks so much everyone, this is where we are so far:

1. No reponses as yet to the SAR's sent off. Recorded delivery shows they were delivered on the 1st of June, I have printed off and safely kept the proof of delivery.

2. Todays my final day for submitting my defence, this is what I have come up with so far, please take a look and let me know your thoughts?

Dear Sirs

I do not acknowledge any debt with the claimant - I believe I have been the victim of mistaken identity or an Identity Fraud which requires further investigation by the Police.

My first and only realisation of this claim was at the time I sent the Acknowledgement of Service Form. Approximately 2 and a half years ago, I moved out of my mortgaged dwelling (Address removed for the internet!) due to a family disagreement between my mother and I pertaining to the newly mortgaged property. I continued to pay the monthly mortgage payment, in full, in order to honour my agreement with the mortgage company despite no longer living at the address. For that particular period of time my mother and I had no contact. Just recently we have sought a resolve and I have moved in to assist her (she is disabled) at which time she informed me there was a charging order placed on the property by another Debt Collection Agency in February 2009 which she had assumed was due to an unpaid debt generated by me. My mother sent in a defence but sadly it was not acknowledged. I do not acknowledge the charging order and am currently seeking legal advice on overturning the judgement. All of my personal finances are in order, I have one bank account, one credit card and one mortgage which have been managed impeccably from the start.

Upon requesting an updated credit report recently, I noted multiple accounts, aliases, public records information and linked addresses that are nothing to do with me. I have since joined CIFAS, the UK fraud prevention service, to block further attempts to gain credit in my name. As a result of the information on my credit report I have sent Subject Access Requests under the Data Protection Act to the originators of all the loans including the loans this claimant is claiming for (Argos and Monument/Provident). To date there has been no response and therefore I can only assume there is no evidence to substantiate the claims OR the request is still in progress. All communications were written and sent registered delivery to ensure receipt.

I have contacted the Police who will not acknowledge the Identity Fraud as a crime but a civil matter due to the looser ultimately being the financial institution (claimant), not me. They inform me that until such time as the financial institutions report the matter to the Police they are unable to investigate the matter further. For reference, I spoke to PC 296 ‘Stephen’ of xxxxxxxx Police Station.

This is causing me significant difficulty with a cost attached, I work Monday to Friday and am desperately trying to stay dedicated to my work given the current economic climate for fear of redundancy but unfortunately this is a difficult situation to resolve. I have had to take time from work to visit the Police station, speak to people on the phone to obtain legal advice, write letters asking for information held about me and visit the Post Office to send letters registered delivery and obtain Postal Orders to pay for the information requests. To further complicate matters I am scheduled to emigrate to Canada on the 8th of July 2009.

Therefore I kindly request you either stay the judgement or deny any claim against me whilst I am seeking to resolve this terrible mess caused by someone posing as me.

10past6

skylined_gtr wrote: »

Dear Sirs

I do not acknowledge any debt with the claimant - I believe I have been the victim of mistaken identity or an Identity Fraud which requires further investigation by the Police & or The creditors.

My first and only realisation of this claim was at the time I sent the Acknowledgement of Service Form

Insert the date.

skylined_gtr wrote: »

Approximately 2 and a half years ago, I moved out of my mortgaged dwelling (Address removed for the internet!) due to a family disagreement between my mother and I pertaining to the newly mortgaged property. I continued to pay the monthly mortgage payment, in full, in order to honour my agreement with the mortgage company despite no longer living at the address. For that particular period of time my mother and I had no contact. Just recently we have sought a resolve and I have moved in to assist her (she is disabled) at which time she informed me there was a charging order placed on the property by a Debt Collection Agency in February 2009 which she had assumed was due to an unpaid debt generated by me. My mother sent in a defence but sadly it was not acknowledged

Why not, what did she do when she received the original claim?

skylined_gtr wrote: »

do not acknowledge the debt.

skylined_gtr wrote: »

All of my personal finances are in order, I have one bank account, one credit card and one mortgage which have been managed impeccably from the start.

Upon requesting an updated credit report recently, I noted multiple accounts, aliases, public records information and linked addresses that are nothing to do with me

Can you supply copies for the courts attention?

skylined_gtr wrote: »

I have since joined CIFAS, the UK fraud prevention service, to block further attempts to gain credit in my name. As a result of the information on my credit report I have sent Subject Access Requests under the Data Protection Act to the originators of all the loans including the loans this claimant is claiming for (Argos and Monument/Provident), due to the time allowed to issue the documentation, the request is still in progress. All communications were written and sent registered delivery to ensure receipt.

skylined_gtr wrote: »

I have contacted the Police who will not acknowledge the Identity Fraud as a crime but a civil matter due to the looser ultimately being the financial institution (claimant), not me. They inform me that until such time as the financial institutions report the matter to the Police they are unable to investigate the matter further. For reference, I spoke to PC 296 ‘Stephen’ of xxxxxxxx Police Station.

This is causing me significant difficulty with a cost attached, I work Monday to Friday and am desperately trying to stay dedicated to my work given the current economic climate for fear of redundancy but unfortunately this is a difficult situation to resolve. I have had to take time from work to visit the Police station, speak to people on the phone to obtain legal advice, write letters asking for information held about me and visit the Post Office to send letters registered delivery and obtain Postal Orders to pay for the information requests. To further complicate matters I am scheduled to emigrate to Canada on the xx July 2009.

Therefore I kindly request a) the original judgement be set aside, and b) the CO placed on the property be removed

Some parts I've amended

skylined_gtr

Fantastic! Thanks for reviewing.... I should have mentioned this is being done online via the moneyclaim.gov.uk website so the date, case number, claimant, defendent, etc details will already be there.

When mum received the first claim she sent in a defence explaining that she is disabled and would not be able to attend court, supplied a document I had written and signed stating I had no financial interest in the property (this was what the argument was about so I wrote a document out and handed it to her as I left :-( ) but she never heard anything back..... next thing she got a charging order issued from a different court on the property. I think that's how it panned out but I will need to check. Have pasted in the document below so you can see what it said.

I have copies of all my bank statements, credit statements and recent credit file showing my true accounts are in a perfect paid up order and that the false accounts are all defaulted. If need be I can show them to the court.

In the last part you have ammended, we are asking them to remove the charging order. So far, for this particular claim no charging order has been issued, should I still say that?

Thanks very much again and please see below the document I left my mum with:

To Whom It May Concern

With reference to: (Address removed for the internet)




I, <MY NAME>, do hereby declare that the above mentioned dwelling is of no financial interest to me. I have no stake or share belonging to me nor any assets or personal belongings in the property.

I, <MY NAME> do hereby declare that I was recognised as living at the dwelling by the XXXXX council at the time Mrs <MUMS NAME> initiated the purchase of the property and was required to be placed on the mortgage alongside Mrs <MUMS NAME> as a mortgage underwriting requirement only.

I, <MY NAME>, do hereby declare that at the time of purchase of the above dwelling, I made this agreement in the presence of Mrs <MUMS NAME> and the witness named below, Miss <HER NAME> to show that Mrs <MUMS NAME> is the sole beneficiary of any profit made from the sale of said property and that I have no claim against this.

I, <MY NAME>, do hereby declare this agreement is to stand as a legal, binding contract between Mrs <MUMS NAME> and I.

I, <MY NAME>, do hereby declare this agreement was made on 20 November 2006.





<MY NAME>:


Signed:___________________________


Date: ____________________________




WITNESS <HER NAME>:


Signed:___________________________


Date: ____________________________

10past6

skylined_gtr wrote: »

In the last part you have ammended, we are asking them to remove the charging order. So far, for this particular claim no charging order has been issued, should I still say that?

Do you have 2 litigation cases?

a) a current claim

b) one where the CO was issued

Both are from separate creditors?

skylined_gtr

Yes that's correct.

1 CCJ resulting in a CO on the property I own issued in February 2009 (claimant HFO Services).

1 Claim form from Northampton County Court received May 2009 pursuing recovery of a debt (Cabot Financial).

Let me know if you need any more details?

10past6

Ah, OK

Submit your defence today re Northampton.

Then, complete this form to have the CO case "Set aside"

skylined_gtr

Great - understood. Thanks very much, will keep updating this thread with information as I progress and send you a PM when I do

10past6

If your application to set aside the CO is successful, you must request the judge give instructions for the CO to be removed, it doesn't always happen if one doesn't request it.