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MIL collections CCJ

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  • Ed2000
    Ed2000 Posts: 60 Forumite
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    http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/136

    (1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice -;
    (a)the legal right to such debt or thing in action;
    (b)all legal and other remedies for the same; and
    (c)the power to give a good discharge for the same without the concurrence of the assignor:
    Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-;
    (a)that the assignment is disputed by the assignor or any person claiming under him; or
    (b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.

    How, when etc. was express notice given to the vehicle owner as debtor if the OP had moved? What checks did MIL carry out before service of notice?
  • Bambi82
    Bambi82 Posts: 32 Forumite
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    I cant remember the exact date i called the court to ask about the CCJ, would this matter? or could i call the court and ask, would they know?


    i will be posting tomorow so i can get in it before the end of the month.


    Thanks
  • Bambi82
    Bambi82 Posts: 32 Forumite
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    Coupon-mad wrote: »
    should be judgment

    And the Defence needs to be a separate document, that you take to the hearing. It does not get submitted at this stage, only the N244, £255 court fee, draft order and WS goes to the court for now.

    You will need to show the Judge at the set aside hearing, that you have reasonable prospects of success and that's where the draft defence comes in, plus some evidence you can have with you such as the DVLA FOI about MIL Collections and/or PPCs not being allowed to sell data to non debt collectors.

    Just so im 100% right, in box 10 of the N244 form do i just tick witness statement and and write in box "see attached witness statement?

    as you have said i will provide defense later?

    And for the draft order, do i need to put that the original claim to be dismissed or is this fine as the one below?

    [FONT=&quot]IN THE COUNTY COURT AT

    MIL COLLECTIONS LIMITED (Claimant)

    And
    (Defendant)


    District Judge

    UPON reading the Defendant's application dated [date] and the annexed witness statement of [name] dated [date]

    IT IS ORDERED that:

    1. The default judgment dated
    be set aside.

    2. Costs to be reserved.

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on ---- paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

    4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date].

    Sorry to be a pain but this type of thing terrifies me, i get all nervous and doubtful when dealing with official things like this. I'm afraid i will make a mess of it.
    [/FONT]
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    edited 26 March 2018 at 7:00PM
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    Just so im 100% right, in box 10 of the N244 form do i just tick witness statement and and write in box "see attached witness statement?
    Yes. Making sure it's signed/dated, claim number at the top. And attached!

    as you have said i will provide defense later?
    Yes, at the set aside hearing, as well as explaining why you were unable to defend the claim in the first place/it was not properly served/you were there to be found, you need to be armed with the knowledge, potential defence and evidence that convinces the Judge that you not only have 'prospects of success', but (hopefully) the Judge might even agree the Claimant had none, and strike the claim out too.
    And for the draft order, do i need to put that the original claim to be dismissed or is this fine as the one below?
    Looks good to me. You could add the following, I would:

    5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.
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  • Bambi82
    Bambi82 Posts: 32 Forumite
    edited 26 March 2018 at 8:51PM
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    sorry, one last thing.
    in section 3 what order are you asking the court to make and why?

    i have put:- Set aside the Default Judgment dated
    as it was not properly served at my current address.

    is this ok or do i need to add more?

    I cant remember the exact date i called the court to ask about the CCJ, would this matter? or could i call the court and ask, would they know?

    thank you for your patience!!
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    04/11/2016

    Is that right?
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  • Bambi82
    Bambi82 Posts: 32 Forumite
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    Yes that is the correct date. like i said originally i only found out about this last month.
  • Bambi82
    Bambi82 Posts: 32 Forumite
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    Coupon-mad wrote: »
    Is that right?

    is there a problem with the length of time?
  • Quentin
    Quentin Posts: 40,405 Forumite
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    The claimant can start enforcement of a ccj at any time (eg bailiffs/attachment of earnings etc)


    You should add in to your set aside application that all enforcement be put on hold pending the outcome of the application
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    edited 27 March 2018 at 12:26AM
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    is there a problem with the length of time?
    No, as long as you show you acted quickly. Stop worrying, you are doing very well All looks good.
    Quentin wrote: »
    You should add in to your set aside application that all enforcement be put on hold pending the outcome of the application
    Good point. The OP should add that as well as the point I added; putting them both into the draft Order as #5 and #6.

    Well done Bambi82, you can do this! :)
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