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Help re 3 letters and now Notice Of Application For Attachment of Earnings Order - Prison :( oh my

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Help re 3 letters and now Notice Of Application For Attachment of Earnings Order - Prison :( oh my Empty Help re 3 letters and now Notice Of Application For Attachment of Earnings Order - Prison :( oh my

Post by meeko on Fri Jun 07, 2019 12:46 pm

Hi All,

After advising my good friend we sent out the three letters on a large debt (£15k) owed to Lloyds. This debt has been through a succession of debt collectors and now is with a company called Intrum. We have sent the three letters process (I think twice maybe) which they've basically ignored but somehow they've taken this to court and a county court judgement was obtained, didn't even realise it was going to court.

Now a letter has turned up today (Notice of Application of Earnings Order) giving 8 days in which to reply. It even mentions you can be sent to Prison for 14 days for failure to return the reply form and the statement of means.

Obviously we are quite dumbstruck we have asked this company to provide the original evidence of the debt etc etc and all they send is some photocopies of various screen shots of the account and keep telling us not to send back generic templates from debt sites lol but I did make sure to be specific to the case its not a complete carbon copy and oh and I didn't take anything out by the way..

My friend doesn't work anyway as they are disabled, so they cant go to their employer for renumeration, which they have also stated they can do.

The address for payment is now to a Solicitors who are mentioned on the front of this form?

Would really really appreciate some advice on this matter, its causing alot of stress and my good friend is at breaking point. Sad

many thanks

N
Ok so where do we go with this? do we send our info to the court? should we give up? my friend is getting very distraught to say the least especially at the threat of imprisonment Sad

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Post by flyingfish on Fri Jun 07, 2019 1:58 pm

I assume you didn't attend the court hearing. If that's the case you can apply to have the default judgement set aside, you will need to show firstly why you were not able to attend (for example if not made aware of the proceedings) and secondly some potential defence. Why weren't you aware of the proceedings, for example did the claimant use an incorrect address so claim form and other correspondence didn't reach you?

Set aside doesn't dismiss the claim, it sets it back to before the hearing so to speak, giving you a chance to defend or settle.

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Post by meeko on Fri Jun 07, 2019 3:55 pm

Dont remember seeing an actual court date all we can remember was a letter saying they will apply for a county court judgement......

If we defend this I mean where do we stand? I mean we have asked them to show documentation which they obviously cannot, so is a judge going to throw out their claim because they cannot show the full documentation we have asked for? or are the letters that we sent asking for this proof basically bullshit in the real world because its all not starting to sound very safe shall we say.

Please bare in mind I'm no legal expert at all

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Post by meeko on Fri Jun 07, 2019 4:24 pm

just to shed a little more light.

back in 2018 we sent to the debt agency the second Pre Court Letter ( i mean for a second time) again requesting information but we got no reply to these letters.

Here is the letter.

Dear Sirs, (legal department)
Thank you for your letter dated 4th April 2018.

Pre Action Conduct - Request for Information No2

With regard to your letter dated 4th April 2018, I still take this to again be a Letter of before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly for a second time. Whether or not this is misconceived by legal jargon I still require the correct information on both the said accounts as listed above.

My position is that I ask that you substantiate your claim by providing the true and original documents that I have asked for on numerous occasions as is my right, photo copies are not acceptable. The ulness lies with you to produce evidence.

As you have indicated you are acting on behalf of Lloyds Bank PLC in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with 1st Credit (Finance) Limited, for any monies or specifically for the alleged amount of £15,089.29 (and 587.00); and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to 1st Credit (Finance) Limited, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £15,089.29 (and 587.00).

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and 1st Credit (Finance) Limited fail to provide each and every document requested, I will make an Application to the Court to Stay 1st Credit (Finance) Limited claim until the request is complied with and request the Court impose Sanctions against yourself and 1st Credit (Finance) Limited for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of 1st Credit (Finance) Limited contention of a legal indebtedness towards them and again, should 1st Credit (Finance) Limited fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay 1st Credit (Finance) Limited claim Until said documentation is received.

As a part of my defense I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in 1st Credit (Finance) Limited possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.


I now give you ten(10) days to provide all of the documentation listed above.

Be aware I do not give you permission to contact me by any means other than by letter sent via
Royal Mail. Should you contact me by any other means ,my fee schedule (listed below) will be
activated without prior notice. Also be aware I am conversant with the Protection from Harassment Act (1997) sec 1. Also the Administration of Justice Act (1970) sec 40.

For the second time here is my fee schedule, it being a fair and reasonable remuneration for my time and expenses involved in dealing with your corporation is listed below; If you choose to ignore this you do so knowingly. You will be invoiced accordingly.

1. All telephone calls (answered or not) ,To record,log and store on file £ 50.00 per 10mins
2. All emails received, To log and store on file £ 50.00 each.
3. Replying to ANY further requests £400.00 per hour


I trust this now makes my position clear.

I look forward to your response in due course.


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Post by Mrblue on Fri Jun 07, 2019 4:41 pm

Did you send your letter via Royal Mail signed for delivery and do you have proof it was signed for?
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Post by meeko on Fri Jun 07, 2019 5:15 pm

No idea where the receipts are now to be honest all we have are the letters......

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Post by meeko on Sun Jun 09, 2019 6:07 pm

any advice please??????????

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Post by waylander62 on Sun Jun 09, 2019 11:49 pm

did you not receive a county court claim from intrum ?

if they have obtained default judgment then they must have issued a claim and won by default

if the above is the case ( which it looks like it is ) then your only option is to have the judgment set aside, but you must act quickly.

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Post by meeko on Mon Jun 10, 2019 9:36 am

By applying to the court? can you be a little more specific regarding the correct procedure?

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Post by waylander62 on Mon Jun 10, 2019 3:14 pm

if you know nothing about the claim ( which it sounds like you don't ) then my first action would be to ring the court directly and ask them

i) to confirm that intrum have a default judgment awarded against you
ii) If so when the claim forms were sent out to you
iii) if they confirm that they were ask to what address the claim form was sent
iv) tell the court you have NEVER received any claim forms at all ever
v) demand a copy of this alleged claim form preferably immediately via e mail as you wish to get this order set aside.

thats what i would do

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Post by Mrblue on Mon Jun 10, 2019 7:00 pm

Good advice Waylander62
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Post by meeko on Tue Jun 11, 2019 2:33 pm

Thank you we shall apply to the courts and see what we can do, appreciate the info it really helps.


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Post by waylander62 on Tue Jun 11, 2019 9:59 pm

dont apply to the court firstly ring them asap and ask them the questions

then any applicatons can be made once you have the details required

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