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County court claim

13

Comments

  • StopIt
    StopIt Posts: 1,470 Forumite
    sheraaz76 wrote: »
    Hi MSE Folks ,
    another update:

    I received this letter from court N24 General form of Judgement or Order.

    IT IS ORDERED THAT

    1.The claimant shall file and serve by *pm on *September 2017,copies of original loan agreement and a schedule detailing a breakdown of the costs and charges that make up the sum claimed.In default of doing so the claim shall be dismissed.

    Well I had asked them several times but they never replied,hope they do now :D


    No, you hope they don't!


    For if they don't you go to...
    fatbelly wrote: »
    They are being ordered to do so by the court.

    Note the date and time.

    On the following day ask the court if they have received ALL the documents (file means send to the court, serve means send to you) ordered. If neither you nor the court have received these ask for the claim to be struck out.

    Courts often delay this to give the claimant a bit of leeway, but there's no good reason why they should.
    This bit.


    If they are in default of the court request, their claim becomes invalid and you can get it struck out.


    These guys have been a shambles from start to finish. They clearly were hoping for a judgment in default. I hope we get a post in September saying they still haven't sent the details required and the court has flung it out.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • sheraaz76
    sheraaz76 Posts: 41 Forumite
    No I mean I hope they come up with something as I have the proof but Asset and collection ignored me all the way and just been sending me letters wich doesn't make any sense .I wanted to get it sorted once and for all.They claiming I owe a amount of a £300 loan wich is turned into £1609 but how they wont tell or give a breakdown and sometime they say its 1 loan then its 2 loan.
  • Well

    Its the 8th today and they were supposed to serve before 4pm on th 7th.However the court said it had a weeks backlog but u have received anything.
  • Dear MSE folks,

    Its the 11th september 2017 and the claimant still hasnt served the documents the court ordered them.I have been in touch with court and they haven't received it too.The court said that the claim will be dismissed but...
    Today I received a email from Asset and Collection with a different reference number for same debt as before saying;


    We have recently loaded a County Claim against yourself for the above outstanding balance, of which you will shortly receive a Claim Pack with regards to this.

    If you do not respond to the above-mentioned Claim Pack, judgment will be entered by default and in turn you will receive a County Court Judgment . It will be entered on your credit record at the Register of Judgments, Orders and Fines and will remain there for six years. This record can seriously affect your ability to obtain a mortgage, credit card, bank account and even a mobile phone contract in the future.

    To avoid the judgment in its entirety you must pay in full. You can choose to pay the amount in full straight away (plus any interest and court fees shown) and if you do, you do not need to send the forms back and you will not receive the CCJ.

    Please contact our Litigation Department on 0330 808 1585 to make this payment.

    In the meantime, you are encouraged to seek competent legal advice with regards to the above.

    In the meantime, you are encouraged to seek competent legal advice with regards to the above.

    Citizens Advice - https://www.citizensadvice.org.uk/
    If you are unable to pay this amount off in full, we can arrange a repayment plan with you direct although you will still incur the CCJ.
    We look forward to hearing from you. !
    Kind Regards,
    The Legal Collections Team

    One claim is still in court can they issue another claim for the same debt before the first claim has even been decided??

    Kind regards.
  • fatbelly
    fatbelly Posts: 23,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    When you say 'a different reference number' do you mean a different claim number (for the same old debt) or is this action against a different debt entirely?

    The answer to your last question is no. If this is another claim for the same debt then you just tell the court that this matter is already subject to claim XYZ123.

    The court will then try to establish whether that is true or whether there are two separate actions against you.

    If they have indeed paid for a second claim instead of complying with the court order for the first one then my previous comment applies:
    Sounds like Asset Collections have taken incompetence to a new level.
  • Thank you for your reply,

    Yes same debt but they have sent me a email that they have issued county court claim ,with a different client reference number this time but i have to wait to receive the claim pack for the same debt that is already in court and in wich they failed to submit the documents ordered by court :/.
    These Assets and Collections are taking stupidity to a next level:(
  • StopIt
    StopIt Posts: 1,470 Forumite
    sheraaz76 wrote: »
    Thank you for your reply,

    Yes same debt but they have sent me a email that they have issued county court claim ,with a different client reference number this time but i have to wait to receive the claim pack for the same debt that is already in court and in wich they failed to submit the documents ordered by court :/.
    These Assets and Collections are taking stupidity to a next level:(


    Don't worry, they've not just wasted their money here, but the courts time as well.


    Just send the court this rubbish, and it'll be dealt with accordingly. I thought these guys couldn't get more incompetent but here we are.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • Didnt receive anything but today when i rang up the court the admin told me they received a letter from CAB on my behalf and it has been forwarded with the file to the judge.I told them i never went to CAB and no one is dealing on my behalf.I am confused whats going on with them:cool:
  • fatbelly
    fatbelly Posts: 23,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    sheraaz76 wrote: »
    Didnt receive anything but today when i rang up the court the admin told me they received a letter from CAB on my behalf and it has been forwarded with the file to the judge.I told them i never went to CAB and no one is dealing on my behalf.I am confused whats going on with them:cool:

    That is bizarre.

    Can they send you a copy of the letter?

    Asset & Co surely didn't mock up a letter as if it was from the CAB?
  • They told me they forwarded it to the judge with the file.They havent received anything from Assets so all they said was to wait for correspondence from judge.:(
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