Newlyn Debt - scam? Or a mistake? (resolved)

DoaM

Follow that call up with an email (didn't we tell you NOT to phone?) to confirm the agreement, so if Newlyn do come calling you can show them that their client has instructed them to hold.

project_c

DoaM wrote: »

Follow that call up with an email (didn't we tell you NOT to phone?) to confirm the agreement, so if Newlyn do come calling you can show them that their client has instructed them to hold.

Thanks, I did email them too but nobody has responded yet. I still have 5 days until bailiffs deadline, if I hear nothing by tomorrow I will chase.

nosferatu1001

"Interesting update: spoke to the county court, they said this case was never enforced, and they're not sure why it went to the solicitors. They couldn't give me details beyond that."
What do you mean by "this case was never enforced"? They dont need to apply for a warrant of control, as they have a CCJ, in order to "enforce" the judgement. A warrant just makes it a damn sight easier
If the court can confirm there is no Warrant of Control, then of coruse if the bailiffs have claimed they have one, then you have causght them in a damnned lie, for which you can appropriately deal with them.

As for the last, you will need to make sure your DRAFT OTRDER, which you submit with your N244, includes that requirement - to reimburse the cost for the N244.

project_c

nosferatu1001 wrote: »

"Interesting update: spoke to the county court, they said this case was never enforced, and they're not sure why it went to the solicitors. They couldn't give me details beyond that."
What do you mean by "this case was never enforced"? They dont need to apply for a warrant of control, as they have a CCJ, in order to "enforce" the judgement. A warrant just makes it a damn sight easier
If the court can confirm there is no Warrant of Control, then of coruse if the bailiffs have claimed they have one, then you have causght them in a damnned lie, for which you can appropriately deal with them.

As for the last, you will need to make sure your DRAFT OTRDER, which you submit with your N244, includes that requirement - to reimburse the cost for the N244.

Honestly, I don't know - the guy I spoke to at the county court was very helpful, but that's all he said. 'This case was never enforced' were literally his words, but he also said he can't give legal advice or look into details. He told me that I can try to speak to Gladstones and see why they're acting on it, but best idea is just to submit form for set aside.

nosferatu1001

Well its mostly garbage
Gladstones can do whatever they like to recover the money, and instructing debt collectors (as anyone without a Warrant becomes) is one of them. So you could ask if a Warrant of Control was issued. You are entitled to know this.

nosferatu1001

Also
Not just the "form".
its way more than that, which you must know by now. LOTS to submit, all before 3 weeks are up.

project_c

Quick update on this - all forms submitted, got SAR response from Gladstones, nothing useful in there, but ZERO response from UKCP, not even a confirmation that they've received anything from me. I have emailed them 3 times, and their month is up. Bailiffs have been instructed to put case on hold so am not in any immediate danger. County courts have sent Notice of Transfer of Proceedings to say the case will be dealt with at my local courts, and they will be in touch - no idea when. 

Next obvious question is: now that the month is up, what happens if UKCP doesn't respond to my SAR request? They're breaking the law, aren't they?

Castle

project_c said:

Next obvious question is: now that the month is up, what happens if UKCP doesn't respond to my SAR request? They're breaking the law, aren't they?

They are potentially liable to prosecution by the ICO and additionally, you can issue a claim for damages if you want.

KeithP

project_c said:

Next obvious question is: now that the month is up, what happens if UKCP doesn't respond to my SAR request? They're breaking the law, aren't they?

Yes, and you will be reporting their failing to the Information Commissioner's Office, won't you?

project_c

KeithP said:

project_c said:

Next obvious question is: now that the month is up, what happens if UKCP doesn't respond to my SAR request? They're breaking the law, aren't they?

Yes, and you will be reporting their failing to the Information Commissioner's Office, won't you?

Yes, 100%.