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KNOCK KNOCK Mrs May, anyone at home ??? what are you doing about these CCJ's

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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 31 July 2017 at 7:42PM
    Guess Theresa May told porkies to the Daily Mail

    "Theresa May has pledged to root out abuse of county court judgments following a Daily Mail investigation."
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    Pure tory propaganda
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Theresa May still fast asleep

    zzzzzzzzzzzzzzzzzzzzzzzzzzz
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Why did Theresa May lie about her interest in these CCJ's


    THE WOMAN HAS DONE NOTHING
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    beamerguy wrote: »
    Why did Theresa May lie about her interest in these CCJ's

    I do wish people would check the facts before making sweeping statements.

    The following comes into effect on 1 October: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    This follows extensive consultation with various parties (you might guess the identity of some, I couldn't possibly comment, and nor could the Prankster), and the MoJ were under direct instructions from No.10 to get this sorted.

    What it will do, is to throw a very large spanner into the works of the robo-claim production lines of the likes of Gladstones, BW Legal etc, because there are now a load of hoops to jump through before claims can be issued. It will also affect bulk debt purchasers such as Lowell Portfolio.

    The wheels of Government do grind slowly, but they keep on grinding.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    looks good as far as setting out the rules and having proper forms to go back and forth

    doesnt mention anything about checking for an up to date address before sending out the forms , so it could go to an old address like now and not be seen for over 30 days or more anyway

    unless there will be some sort of system that ensures they have identified the correct address for the alleged debtor ?

    but a vast improvement on what goes on now and only less than 5 weeks to go

    so thanks for the link and the heads up
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    I thought she stated that she was going to bring an end to "crefit clamping", where the person was taken to court in there absence , and found out about a CCJ much later

    I see she has addressed this rather well (or not)

    letter.jpg
    Save a Rachael

    buy a share in crapita
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 1 September 2017 at 9:02AM
    bargepole wrote: »
    I do wish people would check the facts before making sweeping statements.

    The following comes into effect on 1 October: https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    This follows extensive consultation with various parties (you might guess the identity of some, I couldn't possibly comment, and nor could the Prankster), and the MoJ were under direct instructions from No.10 to get this sorted.

    What it will do, is to throw a very large spanner into the works of the robo-claim production lines of the likes of Gladstones, BW Legal etc, because there are now a load of hoops to jump through before claims can be issued. It will also affect bulk debt purchasers such as Lowell Portfolio.

    The wheels of Government do grind slowly, but they keep on grinding.

    Thanks bargepole and something the majority did not
    have a clue about unfortunately otherwise comments
    would cease !!

    Redx has a good point saying ....
    "doesnt mention anything about checking for an up to date address before sending out the forms , so it could go to an old address like now and not be seen for over 30 days or more anyway"

    3.4 If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings, subject to any
    remaining obligations the creditor may have to the debtor (for example, under
    the Financial Conduct Authority’s Handbook). Account should be taken of the
    possibility that a reply was posted towards the end of the 30-day period.

    And that's what this CCJ problem is all about .... not knowing about
    a Letter of claim in the first place ?

    So probably the robo-claims bunch will have a field day
    for the next month now
  • beamerguy wrote: »
    Thanks bargepole and something the majority did not
    have a clue about unfortunately otherwise comments
    would cease !!

    Redx has a good point saying ....
    "doesnt mention anything about checking for an up to date address before sending out the forms , so it could go to an old address like now and not be seen for over 30 days or more anyway"

    3.4 If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings, subject to any
    remaining obligations the creditor may have to the debtor (for example, under
    the Financial Conduct Authority’s Handbook). Account should be taken of the
    possibility that a reply was posted towards the end of the 30-day period.

    And that's what this CCJ problem is all about .... not knowing about
    a Letter of claim in the first place ?

    So probably the robo-claims bunch will have a field day
    for the next month now



    This does NOTHING to address the 'debtor not at this address' issue??? Which was one of the big issues leading to many set asides and thereby wasting court time.


    Or am I missing something?
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This does NOTHING to address the 'debtor not at this address' issue??? Which was one of the big issues leading to many set asides and thereby wasting court time.


    Or am I missing something?

    Indeed it doesn't, and this was a disappointing aspect of the consultation with the MoJ.

    They felt that the new Protocol had to apply to all types of debt claims, not specifically PPCs, and that service to the last known address was acceptable.

    There is also the factor that the Court Service is now run as a profit centre, hence the recent increase in the set-aside fee from £80 to £155, then to £255. They quite like having a few of those to top up the coffers.

    It is being suggested that the new independent CoP should mandate that any PCNs which are over X months old cannot be the subject of a Claim unless the current address has been verified. We'll see what happens with that.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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