Debt collector not providing proof of claim

[POLLY777]

Hi there, new on here so will try and keep it simple....

I had an old credit card debt back from 2007/8 and at some point in 2014 a debt collector wrote to me and demanded payment etc...

I wrote back and asked for proof of their claim and they wrote back and said they would put the account on hold whilst they looked into it. This was December 2014. I have heard nothing since....

Then this morning I received an Application General Directions Order saying that as I have not responded they are asking the judge to lift the Stay and enter Judgment on me!

I have not received any proof of claim from them or letters - just this today.

It does state I have 7 days to vary the order .......

please can someone help me as I have a mortgage going through soon

Many thanks

[CharlieP]

Re: Debt collector not providing proof of claim

Hi Polly
Have you moved house recently? It does sound like a claim has been going on in the background but you have not received anything until this directions order. You will need to move fast. Contact the court for dates of the claim and Particulars Of Claim.
Hopefully @Diana M or [MENTION=6]Amethyst[/MENTION] or someone who can advise better than me can assist.

[charitynjw]

Re: Debt collector not providing proof of claim

Did you send a CCA s78 request + £1 fee to the Claimant?
If yes, do you have proof of postage?

[POLLY777]

Re: Debt collector not providing proof of claim

Hi CharlieP,

Thank you for your reply.

I have done an SAR and they did issue a claim form but to the wrong address back in 2014.

I wrote to them from my new address and asked them to provide me proof of claim etc - they then wrote back and said that they would put the account on hold until their client provided the documentation I requested.

that was the last I heard in 2014.

Then this morning the above arrived - so they have ignored the fact they said they would send the proof/documents etc.

They never bothered me again at any address and so I thought the matter was closed until this happened.

They have stated that I failed to respond to the claim but this is a lie as I have a bundle of letters I sent them at the time.

It says the claim was stayed as the claimaint did not request judgment within the required period of time!

They are claiming judgment by default - as if I did nothing. But I did and they acknowledged my letters at the time and told me the account was on hold until the documentation was forthcoming.

Very confused about this and how they can do this?

They also said they don't want a hearing!

Please can I get some help with this as not sure how to proceed.

Many thanks

- - - Updated - - -

Hi

I sent a letters by recorded delivery requesting documents and the agreement etc

Thank you

[charitynjw]

Re: Debt collector not providing proof of claim

Were any of those letters (that you sent) a formal CCA s78 request + fee?

[warwick65]

Re: Debt collector not providing proof of claim

Hi Polly

I think there are some really important questions that need an answer before anyone can help

When you received the claim did you acknowledge the claim formally with an intention to defend?

Did you lodge a defence with the court?

As [MENTION=5553]charitynjw[/MENTION] has asked twice - did you send the claimant a formal cca request with the £1 fee?

Maybe you could tell us who the solicitors are , Restons by any chance?

How much is the claim for [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

[POLLY777]

Re: Debt collector not providing proof of claim

Hi

Thank you all

I didn't receive the actual claim form - only have sight of it from an SAR request

I received a letter from the Solicitor Mortimer Clarke around the same time and I responded to that and requested more facts and documents etc.

Didn't do a CCA request as didn't know about all that.

As I can see from the records I have - the claim form was sent to an old address and returned to sender, (Mortimers).
A letter from nearly the same date was received by me at the new address and this is what I responded to urgently.

I never got the claim form properly - only through an SAR so it was a photocopy.

Through our exchanges of several letters I requested more information about the alleged debt and they told me in their letter, (dated later than the claim form), that the account was on hold and I would have to wait for them to provide me with the requested documents.

Nothing arrived and I heard absolutely nothing at any address - until this morning.

Thank you for your help.

[warwick65]

Re: Debt collector not providing proof of claim

Hi Polly
Claim forms do often look like a photocopy.

Did you SAR the solicitors then?

How much is the claim. Speed is of the essence but I am not sure what you need to do.


[MENTION=87380]Diana M[/MENTION]

[POLLY777]

Re: Debt collector not providing proof of claim

HI

This 'Copy' so pale blue and marked FILE COPY - DO NOT POST!?

I smell a bit of fraud here?

Help?

[POLLY777]

Re: Debt collector not providing proof of claim

sorry, yes I did SAR the Solicitors... they sent me the above 'blue copy' - do not send and a few letters ...

[POLLY777]

Re: Debt collector not providing proof of claim

on reading back I seem a bit disjointed and muddled

I am with all this, but I work in a hospice and I work shifts and I am struggling a lot lately.....

I need this to go away as I know they are abusing me as I had a defult years ago and is ran out in September 2016 - they - cabot - defaulted me then and I suffered for 6 years now they are trying to give it 'new life'............

I amvery angry about this and I am desperate for help. I knew someone who worked for mortimers and they left after a nervous breakdown as they said they were forced to do things they shouldn't!!

sorry I am tired.

[charitynjw]

Re: Debt collector not providing proof of claim

Does the copy of the court claim have a claim number? (Top RHS corner).
If so, phone the court to verify if the claim has been issued by them.

[CharlieP]

Re: Debt collector not providing proof of claim

Hi CharlieP,

Thank you for your reply.

I have done an SAR and they did issue a claim form but to the wrong address back in 2014. Was this a proper court claim form from Northampton? Do you still have it? If so post a redacted copy here.

I wrote to them from my new address and asked them to provide me proof of claim etc - they then wrote back and said that they would put the account on hold until their client provided the documentation I requested. When a claim is issued against you you have to carefully act within the courts timeframe as stated on the claim form. You ignore any time extensions offered by the claimant.

that was the last I heard in 2014.

Then this morning the above arrived - so they have ignored the fact they said they would send the proof/documents etc.

They never bothered me again at any address and so I thought the matter was closed until this happened.

They have stated that I failed to respond to the claim but this is a lie as I have a bundle of letters I sent them at the time.

It says the claim was stayed as the claimaint did not request judgment within the required period of time!

They are claiming judgment by default - as if I did nothing. But I did and they acknowledged my letters at the time and told me the account was on hold until the documentation was forthcoming.

Very confused about this and how they can do this? To me it looks like they you did have a claim against you but you didn't respond by submitting a defense but for some reason they didn't apply for default judgment and as the claim sat there it became Stayed. The claimant has now applied to lift the Stay so they can get a default judgment against you. If this happens you will get a CCJ for the full amount (is it under £10k?) and they will come after you for it by way of court bailiffs etc. If you do nothing all this will happen. Can you confirm this is what has happened? If so I'm sure someone can advise correctly on what steps to take.

They also said they don't want a hearing!

Please can I get some help with this as not sure how to proceed.

Many thanks

- - - Updated - - -

Hi

I sent a letters by recorded delivery requesting documents and the agreement etc

Thank you

CharlieP

[POLLY777]

Re: Debt collector not providing proof of claim

Very confused about this and how they can do this? To me it looks like they you did have a claim against you but you didn't respond by submitting a defense but for some reason they didn't apply for default judgment and as the claim sat there it became Stayed. The claimant has now applied to lift the Stay so they can get a default judgment against you. If this happens you will get a CCJ for the full amount (is it under £10k?) and they will come after you for it by way of court bailiffs etc. If you do nothing all this will happen. Can you confirm this is what has happened? If so I'm sure someone can advise correctly on what steps to take.


hi

I think you are correct in what you say above..

I never got the claim form - they acknowledge this in a letter - they are trying to lift the Stay and don't care that I didn't get the claim in the first place.

There is a number on the photocopied version I have so will ring the Court.

I think I need to write to the court urgently and explain all this and point out that they have promised to send me documentation etc and that was nearly a year after they allegedly sent me their Claim.

But they didn't send anything and this has happened.

I think I need a solicitor?

thank you for all your help on here

[Diana M]

Re: Debt collector not providing proof of claim

This was December 2014. I have heard nothing since....

Then this morning I received an Application General Directions Order saying that as I have not responded they are asking the judge to lift the Stay and enter Judgment on me!

. . . . It does state I have 7 days to vary the order .......

The first thing to do is establish what exactly you have received and where it's come from. Then you can plan what to do about it.

Writing to the court won't halt what's about to happen or unravel what has happened. Everything to do with legal proceedings has to be done formally by way of Applications which are then looked at by a Judge who makes a decision.

There's a difference between an Application and an Order. One leads to the other. You apply for something and then the court (i.e. a DJ) makes an Order in response either ex-parte (without the other person involved) or they list a Hearing to hear what both sides have to say.

You say you've received an "Application General Directions Order" which appears to be a mixture of two things, so once that's unravelled (is it an Application or an Order and who sent it to you) it'll be easier to suggest the next step.

Di