debt free but still have issues with solicitors !!!!!!!

spud93

Hi everyone !

i will attempt to cut a very long story short, but include as much detail as required for accuracy, my problem although I have achieved debt free status, I now seem to be stuck out on a limb with nowhere to turn and no help available. I really don't know where to turn next......

I was contacted many years ago by a firm of solicitors well known for debt collecting and a ruthless devil may care attitude. thier name begins with 'R' and ends in 's' and sounds like Preston.    the debt I allegedly owed was with Lloyds, and this firm were acting on behalf of Cabot who brought the debt from LTSB.  I recognised the debt was not mine and that it existed as an error on the part of LTSB. I notified Cabot and their solicitor, and waited. Despite my advice and evidence, they rejected my claim and continued to harangue me for payments.  Many years later, lots of exchanges of documentation / evidence, phone calls and letters, me receiving lots of questionaires, they still refute my claims and I received a charge order on my property. I complained to the solicitor, only for that to be rejected and following that, a home visit from an agent sent to 'interview' me !!!  having shown him the evidence, he took my side and promised to contact them, saying " i dont know why it has come to this".

A further wait, with the same evidence being sent off, and I was now the proud owner of a CCJ !!!!!!!!

I objected to the court, and complained to the 'solicitor' again, requesting that they contact LTSB, even giving them contact details.  Thier reply was to reject my claim again, and inform me that they had also applied for a court order, and to expect a visit from the court baliff very soon......

By now I had had enough and decided to take matters into my own hands, clearly I wasnt being listened to, and if anything was going to happen to avert disaster, then It was only going to be if I did something.    I took time from work and trawled through lists of contacts in LTSB, eventually getting to the right contact who agreed there was an error, and within minutes they agreed to buy the debt back from Cabot. This was done at the start of December, 2019.  Happy days????   Not quite !!

I am still the owner of the CCJ, and charge order.

Re****s  fed me a deliberate string of lies saying ' they were only acting on instruction'  &  ' they have to get permission to remove the court orders'

I find them hard to work with, and deliberately provaricating at the best of times. I want the CCJ removed instantly, and without trace as it was applied incorrectly ( as I can prove) and also some recognition of the stress and hardship they have directly  caused. I am due to replace my work vehicle again and do not wish to be ripped off or pay over the odds with the only company that will touch me due to my tarnished record. I have also been unable to sell my house , so have had to rent up to the present day, again at great expense.  R*****s, they refuse to acknowledge that they ever did anything wrong.......... and i still have the CCJ hanging over me !!!

The regulatory body for solicitors cannot help me as I am not R****ns' customer!

The financial conduct authority too are unable to assist as R*****s have technically not committed any offence or breach that they control.

I have considered a private solicitor, but there arent many who will take on another firm, and beside, many seem to concentrate only on PPI, credit card refunds and personal injury claims.

Any advice on how to proceed?  i simply want my credit rating back, my name cleared and at the very least, an apology from this firm for years of living with their implications, crippling condemnation and living in fear of ' the knock at the door'.

Many thanks, in advance.

Galloglass

Have you applied for a set-aside of the CCJ?

penners324

You should be contacting the court to set aside the CCJ and the charging order on your house.
The charging order will come after the CCJ though.....
Didn't you dispute the debt when you received the county court claim?

Willing2Learn

Galloglass said:

Have you applied for a set-aside of the CCJ?

This ^^^^.   And then I would 'move on' swiftly, so that it doesn't have any impact psychologically...

spud93

hi both,

thanks for the replies.   i wasnt aware that a CCJ could be set aside until recently, besides, its not mine to set aside, and i cant afford the £250 either!   I did dispute everything, as I have done all along but with R******S, it falls on deaf ears.  I have it on record too, that despite me asking them, on multiple occasions to contact LTSB, nobody ever made any enquiry to LTSB regarding this amount!!!

Galloglass

You have 2 choices
1. Set aside on the basis the court believes it is your debt. After all, the court has agreed to a C/O so it must think it is yours.
2. Issue a claim against the parties for your loss, costs and recompense for the harassment involved. You have the evidence.

Coming on here and complaining will cut no ice with these companies but court action will. 

LordSomebody

You need to fill in a Form N244 and pay the fee to get it set aside. In your application, you can ask the Court to order that your costs are paid by the claimant.

Did you engage with the Court process at all? There would have been at least 2 hearings to get to the point where you have a CCJ and charging order.

You’ll find loads of solicitors who are willing to take on other solicitors (literally my job), but you might find that the solicitor you’ve come across is absolutely correct. If LTSB had to buy back the debt, then Cabot are quite legitimately able to consider they always had a valid claim against you.

sourcrates

Remision is available on the court fee`s if on a low income.

Search for court form EX-160.

Deposit alongside the N-244.

spud93

LordSomebody said:

You need to fill in a Form N244 and pay the fee to get it set aside. In your application, you can ask the Court to order that your costs are paid by the claimant.

Did you engage with the Court process at all? There would have been at least 2 hearings to get to the point where you have a CCJ and charging order.

You’ll find loads of solicitors who are willing to take on other solicitors (literally my job), but you might find that the solicitor you’ve come across is absolutely correct. If LTSB had to buy back the debt, then Cabot are quite legitimately able to consider they always had a valid claim against you.

Many thanks for the above info,  i have just one nagging question if you dont mind? 
Its not that I'm on a liw income but, seeing as these orders were applied for,  and implicated in error, and against better advice and judgement ( proveable by evidence).... Why should i have to pay?  Thank you for informing me that I can demand that the other party pay, how long does this take, and is there a way it can be removed indelibly and without any trace? 
Surely for something that was so easy to apply, theres also a quick removal method?

Regards 

ryanm8655

spud93 said:

LordSomebody said:

You need to fill in a Form N244 and pay the fee to get it set aside. In your application, you can ask the Court to order that your costs are paid by the claimant.

Did you engage with the Court process at all? There would have been at least 2 hearings to get to the point where you have a CCJ and charging order.

You’ll find loads of solicitors who are willing to take on other solicitors (literally my job), but you might find that the solicitor you’ve come across is absolutely correct. If LTSB had to buy back the debt, then Cabot are quite legitimately able to consider they always had a valid claim against you.

Many thanks for the above info,  i have just one nagging question if you dont mind? 
Its not that I'm on a liw income but, seeing as these orders were applied for,  and implicated in error, and against better advice and judgement ( proveable by evidence).... Why should i have to pay?  Thank you for informing me that I can demand that the other party pay, how long does this take, and is there a way it can be removed indelibly and without any trace? 
Surely for something that was so easy to apply, theres also a quick removal method?

Regards 

To prevent spurious claims where Everyman and his dog take things to court.

I understand you’re annoyed. But if your case is as airtight as you say then you’ll get the money back.

MEM62

spud93 said:

hi both,

thanks for the replies.   i wasnt aware that a CCJ could be set aside until recently, besides, its not mine to set aside, and i cant afford the £250 either!   I did dispute everything, as I have done all along but with R******S, it falls on deaf ears.  I have it on record too, that despite me asking them, on multiple occasions to contact LTSB, nobody ever made any enquiry to LTSB regarding this amount!!!

Did you present your evidence to the court when the CCJ was heard? If so, why did the court not find in your favor?