CCJ scare tactics

Just_Di

Rem001 wrote: »

January 2019 company contacts me to say I owe X amount and to ring to arrange payment.

"Prove debt" letter sent.

Company responded saying CCJ was issued in 2017.
This was not true. CCJ was not awarded due to them not serving court papers.

Debt is now statute barred. Letter sent. Company still chasing payment. Latest words used "we will apply to the court to lift the stay in the claim and enter judgement".

My understanding is they now need to have the court serve me and I will have the right to defend my claim.

Company implying that CCJ already awarded and then saying they will apply to have the lift to stay etc is disgusting behaviour. It's lies. Anyone got any advice? Should I just wait on the court documents now?

I’ve only had a quick glance at your thread but could you clarify a few things before I make my suggestions.

A claim was issued in 2017.

From what you say no CCJ has been obtained yet.

The claim remains ‘parked’ at NCCBC (if it was issued by MCOL).

You did not file a Defence to the claim because you didn’t receive the claim?

The Claimant has written to you to say that they will be making an Application to the court to lift the stay so that they can continue with their legal proceedings (apply for a Default Judgment due to you not filing your Acknowledgment of Service?)

What you need to establish first and foremost is where you stand in these proceedings before you can contemplate your potential Defence (assuming you still have the opportunity to file your Defence).

Who is the Claimant (Cabot perhaps) and who are/were the solicitors (Mortimer Clarke or a Reston’s or Shoosmiths).

How much is the claim because that will probably be relevant to any prediction of what may happen next.

If the claim was for a credit card, loan or any other debt regulated by the Consumer Credit Act then it may be wise to immediately send a s77-79 CCA Request to the Claimant before they obtain Judgment.

Di

Just_Di

Rem001 wrote: »

Company responded saying CCJ was issued in 2017.
This was not true. CCJ was not awarded due to them not serving court papers.

. . . . Company still chasing payment. Latest words used "we will apply to the court to lift the stay in the claim and enter judgement".

My understanding is they now need to have the court serve me and I will have the right to defend my claim.

Company implying that CCJ already awarded and then saying they will apply to have the lift to stay etc is disgusting behaviour. It's lies. Anyone got any advice? Should I just wait on the court documents now?

Or do you mean the claim was issued then you sought disclosure of documents under CPR 31.14 and the court struck out their claim after you made an Application for an ‘unless order’ ?

Or did the Claimant discontinue the claim and they are now threatening to issue a new claim?

If so they will need to make an Application to the court for permission to issue a new claim if you had filed a Defence to the original claim before they discontinued.

Di

PixelPound

They will have req a claim form be sent, usually the CCBC, it does not matter whether you received it as the CT will have sent it. Claim forms are valid for six months after which they become stayed. If they requested for the claim to be issued before the statute of limitations then it is not statute barred. They can apply for the stay to be lifted and so it will be sent out again and you have chance to dispute it - what would your defence be?

Just_Di

nic_c wrote: »

They will have req a claim form be sent, usually the CCBC, it does not matter whether you received it as the CT will have sent it. Claim forms are valid for six months after which they become stayed. . . . . They can apply for the stay to be lifted and so it will be sent out again and you would have chance to dispute it

If the claim was issued but not received then the OP can make an Application to set aside any Default Judgment (CCJ) under CPR 13.2 which is mandatory not discretionary for the court.

If the claim was stayed then no new claim "will be sent out again" once the Claimant makes an Application to lift the stay since the original claim would still exist (if their Application is successful).

If the stay is lifted the Claimant can enter a Default Judgment if the Defendant has (a) not filed their Acknowledgment of Service within the 19 days from claim Issue Date deadline, or (b) if the Defendant has not filed a Defence within 33 days from the claim Issue Date if they had filed their AOS for an extension of time.

In my experience the most common approach is for the Claimant or their solicitors to make an Application to lift the stay and at the same time an Application for a Summary Judgment to strike out any Defence filed as having no legal merit. In this instance it appears the OP did not file a Defence so a SJ Application is unlikely.

Applications for Summary Judgment are sometimes made on a 'no notice' basis and some solicitors seek the SJ without a Hearing.

CCBC claims are less common than MCOL (NCCBC) claims.

Claims are not automatically stayed after six months.

Di

Rem001

Sorry here is more info. Company is vanquis and amount is £564.

I've spoke to the court and they said that in 2017 they applied paperwork for a CCJ however the paperwork was sent back because vanquis could not confirm they sent me the appropriate paperwork.

The court told me that the entire process needs to start over. Vanquis also applied at an English court. I live in Scotland and they need to apply to serve outside of England. They said they need to give me 28 days to submit my defense. They said the case will need to be heard in a court as close to the Scottish border as possible (not Manchester as they had tried to obtain it before).

Lift and stay is words vanquis are using however the court said it did not even get that far as it was rejected at the submitting paperwork stage.

I hope that makes more sense.

Rem001

I did not file a defense in 2017.

The court rejected the paperwork before any court documents were sent to me because vanquis could not prove they had sent me anything.

Just_Di

Rem001 wrote: »

I've spoke to the court and they said that in 2017 they applied paperwork for a CCJ however the paperwork was sent back because vanquis could not confirm they sent me the appropriate paperwork.

The court told me that the entire process needs to start over. Vanquis also applied at an English court. I live in Scotland and they need to apply to serve outside of England.

. . . Lift and stay is words vanquis are using however the court said it did not even get that far as it was rejected at the submitting paperwork stage.

I hope that makes more sense.

Yes it does make more sense

It seems there may have been a problem with service of the claim even if it was issued.

Perhaps this was because you live in Scotland which is a different legal jurisdiction to England so it's possible the claim (writ) should been issued there (Scotland).

The court may have said to you that the Claimant needs to make an Application for permission to serve the claim in England not Scotland if they have a good reason for doing this. You should then have the opportunity to contest their Application.

I suggest you seek advice from your local Scottish CAB to clarify things for you so that if a claim (writ) is served by a Sheriff in Scotland you will know how to respond. They may also be able to establish exactly what happened to the claim which may have been issued but not served in England.

Since you are in Scotland Statute Barred (or not) will be five years not six after the Cause of Action.

Di

Just_Di

Just_Di wrote: »

A claim was issued in 2017.

From what you say no CCJ has been obtained yet.

. . . If the claim was for a credit card, loan or any other debt regulated by the Consumer Credit Act then it may be wise to immediately send a s77-79 CCA Request to the Claimant before they obtain Judgment.

^ ^ ^ I'm posting this again in case you missed it

Since there is no CCJ you should send a s 77-79 CCA Request to the debt owner with a copy to their instructed solicitors (if they have any).

This may help to protect your legal position in the event they do issue a new claim or successfully resurrect the original claim issued (but not served).

The Consumer Credit Act applies in Scotland as well as in England & Wales and Northern Ireland regardless of the different legal jurisdictions for where claims can be brought.

Di

Rem001

I will contact CAB but since it's been over 5 years since I've acknowledged or made payment and due to the company not serving paperwork would it be SB or is what sourcrate said above still valid? (They started the process) because it was rejected straight away I got the impression from the court the company would be starting from scratch not "Lift and stay" a claim already in progress.

Xbigman

You won't get a definitive answer as to whether it is statute barred or not because no one here can say. I would be slightly surprised if this falls within the usual CAB area of experience either. You need to go through the process as if it's the start of things. Send the prove it letter as already suggested then wait for the DCA to make their next move. It's what they actually try next that will determine what you need to do, not what someone on this board thinks might happen.



Darren