Court order to have claiment file/serve docs to defendant

by janloot Sun Oct 11, 2020 3:58 pm

Good afternoon members Wink

I have been having an on-off battle with Moriarty Law (representing Lantern DRS).

I sent all the usual letters requesting info etc and when they took me to NCCBC I filed all the approapriate letters etc.

The hearing was moved to my local court and the court date came and went, I did not attend and neither did the other side.

I then received a letter from the court detailed below:

Court order to have claiment file/serve docs to defendant Court_10

I received the following letter from Moriarty Law and I have uploaded the following:

Court order to have claiment file/serve docs to defendant List_o10

This one is interesting as it appears to show how many debt accounts they have purchased; the total value & interestingly the price they paid!

Court order to have claiment file/serve docs to defendant Accoun10

Anyway; I noticed that the court order stated they hade to file and send me a copy of the DEFAULT NOTICE... iten D on court order letter.

I have checked the paperwork from moriarrty law and NO default notice is there, and if you look at the Bundles of Documents above; no default notice is listed.

With the above in mind what should my next steps be?

I received the Bundles of Documents on 10th October 2020.

This will be the first time I have been taken this far by any collector so its all new ground.

All help and advice most welcome Wink

by **daveiron** Sun Oct 11, 2020 4:58 pm

Suggest you wait for waylander. However the CCA clearly states you must be served with a default notice before they can take action. https://www.legislation.gov.uk/ukpga/1974/39/section/88

by waylander62 Mon Oct 12, 2020 12:38 pm

Just one quick question before i offer any opinion

IS your account listed in the schedule ? as mentioned in 3 (i) above ? also there is more that can be asked around this but for now you have a chance as it is.

by janloot Mon Oct 12, 2020 2:28 pm

ref: IS your account listed in the schedule ? as mentioned in 3 (i) above ?

It`s not clear if it is included; howqever, why would they send me a copy of the schedule if it was not applicable.

by waylander62 Mon Oct 12, 2020 3:28 pm

janloot wrote:ref: IS your account listed in the schedule ? as mentioned in 3 (i) above ?

It`s not clear if it is included; howqever, why would they send me a copy of the schedule if it was not applicable.

why do these DCA's do a lot of what they do ?

if that is all they have then that is all they can submit as evidence !

if it doesn't show your account as being sold then they cannot evidence that the account has been assigned to them !? does the date of this schedule marry up to the date on the notice of assignment ?

lots of questions can be asked of this but the most important is that this is evidence of assignment BUT does it evidence that your actual account was assigned ?

if NO then call it out !

by janloot Mon Oct 12, 2020 6:57 pm

I have gone through all the paperwork I have and it appears the date listed in the schedule for the Account Sale does indeed marry up to the date on the notice of assignment.

However, I did send a Pre Action Conduct Request for information back in August 2019 requesting the usual documents including a copy of the DEFAULT NOTICE from the original owners and how this was seved on me and I never did receive this!

As the court order also states a copy of the default notice needs to be filed at court and also a copy sent to me; does this mean Moriarty Law have failed to comply with the court order??

If so, what action can/should I take now?

Thanks again

by waylander62 Mon Oct 12, 2020 8:59 pm

ok we will go with their failure to provide a copy of the default notice and consequently their failure to comply with the court order.

unfortunately the court order does not specify anything should they fail to comply, however what i would do is to write to the court ( in the correct format ) point out to the court that the Claimant has failed to comply with the court order of Judge x dated y date and that you respectfully request that the court strike out the claim.

It is unlikely that the court will strike out the claim as they do like to give the Claimant chance after chance but it is well worth a try and should prompt the court to make a further order.

that would be my next move on this.

by janloot Mon Oct 12, 2020 9:26 pm

Thanks waylander

I will write to the court and keep the post updated Wink

by janloot Mon Oct 12, 2020 10:53 pm

Sorry to seem Dumb but what is the correct format of the letter Embarassed

by waylander62 Mon Oct 12, 2020 11:17 pm

Claim Number xxxxxxx
In the County Court Durham

claimants name
Claimant
-and-

Janloot
Defendant

by waylander62 Mon Oct 12, 2020 11:20 pm

dont forget to put the date before beginning the actual letter

the previous message should have the claim number top right and the next line the courts name on the left

then the rest should be centred

by janloot Mon Oct 12, 2020 11:43 pm

Thanks again

by janloot Thu Nov 05, 2020 11:32 am

UPDATE:

Just received the letter below from the court:

Court order to have claiment file/serve docs to defendant Order_10

Lets see what happens now Wink

by waylander62 Thu Nov 05, 2020 11:54 am

well it is a step in the right direction but again there is no threat of what will happen should they not comply !

like i said the courts do like to give the claimant(s) chance after chance.

i would do some homework in the meantime and check the CCA for what is written under section 86B.

then if they dont comply write again to the courts listing out the reasons that the claim should be struck out.

so you are looking at around the 14th November, they should copy you in on anything sent to the court.

by janloot Thu Nov 05, 2020 2:11 pm

Thanks waylander

I will read up on CCAsection 86B

Wink

by janloot Thu Jan 14, 2021 4:43 pm

** UPDATE **

Good evening members

I have an update on the current situation:

I received a letter the other side of xmas which for some reason I did not get rouund to posting (sorry)

Here are two letters received from court:

Notice the date on the order:

Court order to have claiment file/serve docs to defendant Order_15

Notice the date on the NEW order:

Court order to have claiment file/serve docs to defendant Order_16

Any advice as to whats going on?

Thanks in advance

by waylander62 Thu Jan 14, 2021 5:36 pm

no bloody idea mate

ring the court and ask them

by waylander62 Thu Jan 14, 2021 5:58 pm

what order was dated 30/11/2020 ?

you need to ask the court for a copy of that order ? unless it should read 20/11/2020

i would ring the court tomorrow

by janloot Thu Feb 04, 2021 7:23 pm

**UPDATE**

RESULT cheers

Its a strike out:

Court order to have claiment file/serve docs to defendant Strike10

I want to thank all for their help and sadvice regarding this Very Happy

by **LionsShare** Thu Feb 04, 2021 8:05 pm

moved to (Success)

by **Mrblue2015** Thu Feb 04, 2021 10:15 pm

GREAT news Janloot, well done!

by waylander62 Thu Feb 04, 2021 10:33 pm

well done

not wanting to P*ss on your bonfire but just take great caution that they don't for some reason successfully apply to have the order set aside

It might be a good idea to give it say 14 days then ring the court to confirm no application has been made to set aside the strike out.

then celebrate as you deserve

by **Mrblue2015** Fri Feb 05, 2021 8:36 am

'Sobering' BUT sound advice from Waylander62 as always.

Please update us in two weeks Janloot!

by **Mrblue2015** Thu Mar 04, 2021 1:39 am

Hi Janloot, did you ring the court in the end as per Waylander62’s advice? What was the outcome of the call?

Thank you.

by janloot Thu Mar 04, 2021 2:33 pm

Hi all.

Just spoke to the court and they have received no contact from the otherside... he did say that they could apply to have the claim "reinstated" in the future but it would probably need the judges consent!

Thanks again for all previouis advice Wink

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