Judgment Mortgage

Company B do not have a judgment against me but they have being collecting this judgment order since it was sold to them.

My concern is even if this strike out goes ahead on tuesday, this debt still exists!!!

Time, can you tell me, lets say the barrister says, that she is acting on behalf of the actual creditor and the creditor is instructing a strike out, does this mean the debt is settled??
 
The Plan is, i will attend court on tuesday, i will have all my documents, original summons, notice of assignment to this creditor, jm, all my financial and medical documents and a letter to the judge outlining a couple of my concerns regarding the creditor.

When i'm called, i will wait to hear what the barrister has to say and if she/he instructs a strike out before i consent to this, i need to know who is structing the strike out and who is she representing? and only when i know this, i will put on concerns to the judge about this creditor i.e. they are not on the summons, i have forwarded all my information to them and my response is from the debt collection agency saying they will nolonger be collecting this debt,they will mark it settled but the creditor reserves the right to sell it on.

I hope the barrister/agent is representing is actual creditor because if not, i will not accept a debt collection agency striking out the stalment order as they are not the creditor on the summons and i will ask for another date.
 
You may not be able to get this back the money you have paid to company B because you paid it to them, but there is no harm in trying. Also you should go for any court costs incurred with this debt as well as your time spent on it.

I think if you are sure that the creditor barrister is going for a strike out in court then the debt will be settled officially (but be sceptical about what they say and until it happens then you can believe it). You will need to get the debt off your home deeds make sure the judge is aware of that important issue.

Best of Luck on Tuesday.
 
loulou117 said:
The Plan is, i will attend court on tuesday, i will have all my documents, original summons, notice of assignment to this creditor, jm, all my financial and medical documents and a letter to the judge outlining a couple of my concerns regarding the creditor.

When i'm called, i will wait to hear what the barrister has to say and if she/he instructs a strike out before i consent to this, i need to know who is structing the strike out and who is she representing? and only when i know this, i will put on concerns to the judge about this creditor i.e. they are not on the summons, i have forwarded all my information to them and my response is from the debt collection agency saying they will nolonger be collecting this debt,they will mark it settled but the creditor reserves the right to sell it on.

I hope the barrister/agent is representing is actual creditor because if not, i will not accept a debt collection agency striking out the stalment order as they are not the creditor on the summons and i will ask for another date.
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You seem to have everything in hand for court and that is all you can do and wait for the court results. Best of Luck
 
Thankyou Kev, i have emailed the collection agency today and asked them to confirm have they passed all my information to the creditor and has the creditor instructed them to mark it as settled (i don't think they have done this) but no matter what Kev, tuesday is my opportunity to point out a few inaccurcies with this existing creditor.

I will given the opportunity point out there is a judgment mortgage attached to this debt and its in the old creditors name and they are nolonger in business.

I will let you know how i get on. Thanks again.
 
Time, i cannot get Company A into court they are nolonger in business.
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Cashflow certainly do exist, even if in liquidation and the liquidator would have to answer any summons brought against it.
 
But cash flow sold the debt, notice of assignment, all rights etc... to company b in 2010 and company b took over the instalment order payments.

The civil office told me if the creditor changes on a summons they need to be informed. It sounds to me that company b did not follow procedures as this was a judgment order and they just got a smooth transaction in taking over the payments.

As cash flow are in receivership, the receiver may just say, cash flow sold on that debt, that was down to company b to change the info on the summons and its company b who i have being paying for the past 2.5yrs.!!

Also, remember company b are unaware i know this information and on tuesday i will be pointing this out to the judge. Civil office have no record of company b and have they being entitled to collect this instalment order.
 
The reality is my debt still exists, and company B are the creditors.

I suspect Company B's collection agency have decided to close their file but the debt is still alive. I requested all my info to be passed to the actual creditor and asked for a decision from the creditor to cease collection, it appears this was not done.

I am awaiting confirmation and asked have the collection agency informed their creditor re:my request and has the creditor instructed this debt to be marked settled? i have also asked who incurres the court cost etc.
 
I wish you the best of luck but don't be surprised if B deny everything and look for costs.
 
Well i have asked company B are they incurring the court costs? as far as denying everything, company B are not denying anything they would be happy to continue receiving my money but because i'm bringing them to court and they dont stand a chance of securing future payments they are happy to strike this out. Remember, i'm getting all this information form the debt collection agency, i can't be sure if they have passed anything to their creditor.

Also, after tuesday i am most definitely re-issuing my Data Protection request and i will scrutinise every last document and i have a legal aid appointment due in a couple of months, i will persue either company B or the debt collection agency if i find they have being improper regarding the collection of this debt or otherwise.
 
Time said:
I wish you the best of luck but don't be surprised if B deny everything and look for costs.
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But they cannot deny collecting money for the debt and to do that they should have gone to court and had judgement transferred to them as well. This they have not done and loulou117 has been paying them in good faith not knowing that the judgment had not been transferred to the beggars.
 
The problem you face is that if you summons the wrong company you will be punished with a costs order.

B can show up and say "This is not our problem, she should have summonsed A, strike out and an order for costs please Judge", there is nothing you can say to counter that.

What I would have done is to have issued against A and forced the liquidator into court to say they have no interest in the judgement as they have "sold" it to B and then ask the judge to order the JM removed. B could go swivel at that stage.

This where having a solicitor would help you.
 
The should judge make allowance for loulou as he is a layperson and inexperience in this and completely trusted the creditor that had the judgement on him.

There has been numerous of cases in the UK where people have represented themselves in case such as loulou with debt collectors involved and the outcome was nearly always was favorable for them especially when the creditor was not following the correct procedure that they were obviously aware of.
 
I am so annoyed and would love some extra advice, i have just found out that the debt collection agency did not pass any of my information to my creditor, i requested in january, that all my financial / medical information be passed to my creditor and asked them to cease collection. The debt collection agency said they would scan all documents forward to the creditor and await their decision.

Now today i'm told they made a decision to stop collection and did not pass my information to the creditor!!!!
 
Have you got that in writing from them. Just remember that you cannot trust that company, is there anyway you can postpone the hearing scheduled for tomorrow in order for you to get ready for the hearing.
 
You would either have to show up tomorrow and request an adjournment or withdraw the application and re-enter it when you are ready to proceed.
 
I am just so upset and furious, i had just had another email, stating my creditor is not aware for my financial circumstances. I have being completely mislead, jan 31st the collection agency confirmed they would pass all my info to the creditor and tell me their response.

Now the collection agency have said, just now, as the collection agent on behalf of the creditor in their capacity they made the decision to stop collecting and the debt collection agency will strike it out tomorrow. Debt collection agency is not my creditor and not on the summons and they want to strike this out.......(i will accept a strike out from the creditor.)

I don't think so... how dare they!!!! I had emailed back explaining, they are not my creditor, they can make the decision to stop collection but that was not my request and as they creditor is unaware of this summons/court date and unaware of my circumstances which i had only found out now (day before court) i will be requesting another court date.
 
Get the court early tomorrow and request adjournment on the basis that you just found out that the creditor will be attending the hearing.

From now just correspond with the owner of the debt and not the company that is collecting for them.
 
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