Get Out Of Debt
  • Write off unaffordable debts
  • Lower your monthly payments
  • Stop creditors from contacting you
  • Check My Debt Options

How Can I Get Out of Debt?

With a simple legislated debt solution you can consolidate all your debts into one lower, affordable monthly repayment. Make one set payment per month for a set period, and after the period expires any remaining debts left are legally written off. This can be up to 90% depending on your circumstances.

Northampton County Court Bulk

mareo asked:

Northampton County Court Bulk Centre

Am playing Devil’s advocate here. I am posting this blog/article in order to see from peoples responses their level of understanding when they rebut the claims herein. In order for anyone to have their assumptions clarified as to how to crack open that which by design is sealed from the average litigant. (Authored by a former member who now has a blogg)

Does not add up to me currently, hence my reposting of this article to see if we can actually get the process perfected or rejected, tis up to YOU to prove the theory or your interpretations or that the theory actually work by being reviewed by the members of GOOD. A healthy debate is always a learning curve to us all, So who’s gonna get the ball rolling? Be truthful & brave & above all, respect the views of others.

Let Rip Folks

Leave a reply

One niche but interesting strand of thinking on Goodf is regarding the legitimacy of Northampton County Court bulk centre.

For those who are unfamiliar with the behind the scenes intricacies of the English and Welsh county courts, the bulk centre is a centralised administrative centre who issue most county court claims.

In the words if the Ministry of Justice:”The purpose of the Bulk Centre is to provide an excellent service designed around the diverse needs of our customers. We use modern, streamlined systems to facilitate the removal of repetitive staff-intensive work from local courts to a central, computer-supported office in Northampton.”

Whilst I understand it is still possible to have a claim issued by attending one’s local county court, and indeed is the only option for some types or value if claim, the MoJ encourages (through reduced fees) the use of Money Claim Online (MCOL) and many claims are now submitted online and or produced by the Claims production centre at Northampton.

Returning to the words of the MoJ:
“Under the name of Northampton County Court, the CCBC deals with 9 out of 10 CPC cases. Defences are received each day both through the post and online. Where a claim is defended it is then transferred to the appropriate local county court. Judgment requests and requests to issue warrants of execution are also received electronically.”

Although “excellent service” might be a little generous recalling many happy hours I have spent on the phone chasing up a hearing date, overall it appears the system works pretty well.
The CCBC do the basic admin freeing up local court staff to focus on organising hearings, collating court files and bailiffs appointments.

All sounds innocuous enough right? Well not for some strands of OPCA litigants.

Ceylon (deputy goodf leader) recently said the following:

“…NCCBC has no one with ANY legal experience so anything from them is void from the beginning and they know this tis all a scam”

Or to quote another member:

“nccbc is just what it says a bulk centre, it provides a civil or corporate service, a service paid for by the DCA just like any other company. the 2nd layer of deceit.

nccbc portrays itself as a court of law by claiming it is ” attached to the Northampton County Court ” Note the word ATTACHED. Any real court is ” a division of ” so a sleight of hand and a subtle one at that. a simple play on words to deceive, but it fools most people. 3rd layer of deceit.

As it is not an actual court and has no magistrates or judges there it cannot issue a lawful judgement, only a court, magistrate or judge can issue such a thing.

any lawful judgement must have a wet, or real signature; this is an actual signature in pen by a magistrate or judge, without this it is not a valid or lawful judgement.

if it has a printed signature it is not lawful. its that simple.

So there will be no signature on any of the documentation they produce as whoever signs it will be culpable.”

Interesting reading indeed.

The existence and operation of the bulk centre is laid down in the Civil Procedure Rules. These rules are delegated by Parliament to the Lord Chancellor who can modify the rules in collaboration with The Lord Chief Justice by virtues of the civil procedure act 1997 Section 4. http://www.legislation.gov.uk/ukpga/1997/12/contents

Practice direction 7C contains the main provisions for claim production.

There are various points of interest in the directions which cast doubt of some of the fears and allegations above.

Of particular interest:

“Powers of the officer to make orders

5.1 The officer may make the following orders –

(1) an order to set aside a default judgment where, after that judgment has been entered, the claim form is returned by the Post Office as undelivered;

(2) an order to set aside a judgment on application by a Centre user;

(3) an order to transfer a case to another county court for enforcement or for a judgment debtor to attend court for questioning pursuant to an order for information under CPR Part 71.”

Thus less consequential orders can be made by court staff without requiring a judges signature.

Although court staff are not legally qualified, they are (in my experience at least) very well versed in civil procedure.

In all the examples of order which can be made above there is no legal judgement to be made, it is simply a question of procedure.

As for default judgements, the usual rules of Part 12 CPR must be satisfied. In those cases, where there is no allocation to a local court, a judge from Northampton County Court makes the order.

It is incorrect to state that Northampton orders are invalid because they are not made by a judge as court staff are authorised to make orders in specified circumstances. Likewise they are authorised to issue claims and conduct general admin duties which also do not require judicial intervention or legal knowledge.

As for the suggestion that there is no “real court” this is also no quite correct. Indeed a barrister friend of mine recently had a hearing in Northampton which had been issued by the bulk centre but neither party requested a transfer so the claim was heard in Northampton County Court. Likewise if you live in the vicinity of Northampton the claim will never be transferred and will be heard in Northampton County Court.

In reference to the lack of signature in general. My understanding of judgements and orders is that the judge hand writes the wording of the order on a court form which is signed. This is placed on the court file. The file is then passed to an officer who types out the order and stamps (not signs) the order. The signed draft copy of the order remains in the court file.

Regarding signed claim forms etc. it is worth looking at Practice Direction 7E which refers to MCOL.

10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.

Conclusions

As with many other aspects of OPCA theories, the allegations about CCBC do not stand up to much scrutiny. The bulk centre while not a “real” court has legal authority to issue valid orders. It is also attached to a normal court of record (Northampton) where orders are issued by a normal District Judge in the normal way.

The consequence of these theories can be grave. Official goodf advice seems to be to ignore all correspondence and claim forms from the bulk centre or perhaps worse still return them with a letter refusing to recognise the court and / or threatening court staff with legal action for misconduct in public office or similar offences.

Adopting this strategy can only do harm to a defendants position. If there were any potential defences or counter claim, the defendant is automatically putting themselves at a disadvantage as they would have to fight to overturn a default judgement rather than actually fighting the initial claim.

Such advice illustrates grave ignorance of civil procedure and the classic OPCA error of confusing how one wants the law to operate and how it does operate in practice.

This entry was posted in Uncategorized and tagged courts, Goodf, HMCTS on September 7, 2013.

John123 replied:

Interesting read thanks mario.

My understanding of judgements and orders is that the judge hand writes the wording of the order on a court form which is signed. This is placed on the court file. The file is then passed to an officer who types out the order and stamps (not signs) the order. The signed draft copy of the order remains in the court file.

Could we request a copy of this from the court file?

mareo replied:

Northampton County Court Bulk Centre

Address
4th Floor
St Katharine’s House
21-27 St Katharine’s Street
Northampton Northamptonshire
England
NN1 2LH
DX 702885 Northampton 7

Postal Address
4th Floor
St Katharine’s House
21-27 St Katharine’s Street
Northampton Northamptonshire
England
NN1 2LH
DX 702885 Northampton 7
Opening hours
Telephone Enquiries from
9.00am – 5.00pm
Contacts
County Court Bulk Centre
0845 408 5302
Money Claim Online
0845 601 5935
Traffic Enforcement Centre
0845 704 5007
Centralised Attachment of earnings Payments System
0845 408 5312
County Court Bulk Centre Fax
0845 408 5304
Money Claim Online Fax
0845 601 5889
Traffic Enforcement Centre Fax
0845 707 8607
Centralised Attachment of earnings Payments System Fax
0845 408 5314
Ceridwen Spooner – Centre Manager
0845 408 5302
CCBC Defendants
[email protected]
CCBC Bulk Issuing Customers
[email protected]
Money Claim Online
[email protected]
Traffic Enforcement Centre
[email protected]
Map

View Larger Map
Additional information
For all enquiries relating to Designated Money Claims, please contact the County Court Money Claims Centre.
Leaflet

A Court Service leaflet is available with information specific to this court.
Northampton County Court Bulk Centre information leaflet


DISCLAIMER The list of courts on this site are updated automatically from HM Court Service’s web-site. It may occasionally be out of date and be missing the latest changes. Court names, addresses and images are probably Crown Copyright and are reproduced here under the terms of the government’s Open Data licence.
http://justclaim.co.uk/county-courts/no … entre.html
[ http://justclaim.co.uk/county-courts/northampton-county-court-bulk-centre.html ]

click onj the link for map view

Northampton Combined Court Noticed some out of date information (show/hide)? Spotted a mistake? Let us know. Type letters: Court Type: County Court Address: 85/87 Lady’s Lane Northampton Northamptonshire England NN1 3HQ DX Number: DX 725380 Northampton 21 Email: Family e-Filing Enquiries Hearings Bailiffs Small Claims Mediation Work Type: Bankruptcy, Civil, Divorce, Family Hearing Centre, Care Centre, Hearing Centre, District Registry Contact Phone: Main: 01604 470400 Bailiff Payment Line: 01604 470426 Witness Service: 01604 603978 Small Claims Mediation Service: 01782 200193 Fax No: Main: 01604 232398 Small Claims Mediation Service: 01782 200194 Opening Time: Court Building: 08:30 Court Counter: 10:00 Closing Time: Important Notice! Until further notice, many court counters in the UK will only be open from 10:00 to 14:00. Unless your business is urgent, they may not be available outside these times – please contact your court to clarify before travelling. Dismiss Court Building: 17:00 Court Counter: 16:00 Award: Charter Mark accreditation Investor in People accreditation More Information: Combined Crown and County Court – See more at: http://county-courts.co.uk/northampton- … Uno70.dpuf [ http://county-courts.co.uk/northampton-combined-court/#sthash.heqUno70.dpuf ]

http://county-courts.co.uk/northampton-combined-court/

again click on the link, you will discover they are 0.37 miles apart ๐Ÿ˜‰

Defendant responses[edit source | editbeta]

Claim forms issued by the CCBC are served upon the defendant(s) in the same manner as other courts. However, the response pack also includes a password to allow the defendant to file their response via a website.

Where the defendant contests some, or all, of the claim, the claimant is required (if they wish to continue) to request the case be transferred out of the CCBC.

https://en.wikipedia.org/wiki/County_Court_Bulk_Centre

waylander62 replied:

Mareo,

this is a very good post and something which i agree should be discussed by all,

i will take responsibility for a large proportion of what you have quoted in the original post,

having read through many posts and outside sources what i wrote is what i have come to understand

If however i am wrong on any points that i have made i will be the first to admit any and all errors.

What i can say is that in subsequent posts i have never advised anybody to ignore any correspondence or claim form issued by nccbc, and have explained that by doing so would only introduce a new and totally different fight that without sufficient knowledge would be a very difficult one to win.

I myself have recently been sent a claim form from ncbcc and opted to fill in the AoS and file a defence as i explained in my thread i do not have the knowledge to take on ncbcc.

as you said in your original post which i totally agree with

“A healthy debate is always a learning curve to us all, So who’s gonna get the ball rolling? Be truthful & brave & above all, respect the views of others.”

i hope this gets the ball rolling

mareo replied:

I see the purpose of your point about them not being in the same building but not sure what effect this has on anything?

What id be interested to know is how the default judgements work. Do they send a huge pile of files to Northampton or does a DJ or DDJ come to the bulk centre for a mass signing session?

Might be worth a phone call or FOI request.

Been done already, viewtopic.php?f=51&t=49061

Takes many years to legally train (four i believe) for a clerk/registrar, to ‘dock’ documents. if as NCCBC has no legally trained personnel (so stated by them) then that is an issue that needs addressing.

However if indeed it is a court of record then a different approach is emerging regarding jurisdiction.

tis all new research for me.

As for the remedies that do not work, especially the acknowledgement of service so called remedy, me and a few on skype conclude, let them have their train crash, them perhaps folks will start to listen, unfortunately this has inevitably already happening, so the battle is afoot regarding theoretical remedy & real life repercussions.

Due to the restructuring of legal aid, sites like GOODF will flourish as a cheap alternative to main stream legal advise, these sites are to the legal profession what B&Q is to the building profession, do it your self,,,, or litigants in person.

Anyone with some business savvy can see this a mile off and can if so chooses exploit the uneducated desperate situations people will no doubt find themselves in.

Example, Habeas an X court manager, hiring out his time to ‘litigants in person’ overwhelmed with cases

Just as difficult explaining to the unaware of alternative remedies as it is to explain to the so called enlightened ones that not all these championed remedies work. Will start posting soon the ones in jail that thought everything alternative to main stream actually worked.

As for the proximately of the two separate courts 0.37 miles apart, just demonstrating how when folks make claim to dashing to NCBCC they actually mean the County court & not the bulking center,

No logistical obstacle transporting physical or electronic papers / cases from one building (court) to the other building (court). But two different enterties none the less, different locations, different buildings, different remits, different powers, different un trained personnel,,,,,,,kinda gives the game away, why train the rest of the countries clerks registrars as an absolute necessity in order for the smooth operation of justice/court if there is one instance where no such requirement is deemed necessary, you cannot have it both ways, unless of course you are Bi ๐Ÿ˜†

gonna post this in the thread, think it a worthy response that got me thinking until i saw the bloody obvious hidden in plain sight & that is the training, why train the rest of the country & not the bulk center staff? Answer, tis a copy, reflection, imitation, of the real court not 0.37 miles away.

But a court of record none the less

letissier14 replied:

The way I see it …

Is that I’m no legal expert and I’m not prepared to go to court to fight to find out if the NCCBC is a real court or not.

The one time I had dealings with them, I sent in a defence and got the case transferred to my local county court, and fought my corner there.

I would rather fight my case for the original debt and not have to fight a second case as well, to try and get a default ccj removed.

You have to understand what you are doing and I for one don’t understand how the NCCBC works.

waylander62 replied:

letissier14,

good post,

my feelings entirely, i do not have the knowledge to, or legal understanding of, how to take on ncbcc as well as the claimant

i too would rather fight my case against the original claim and not have to fight a second case also.

as shown in my recent posts ref. my own experience.

You do have to understand what you are doing and i for another do not yet understand how the ncbcc actually works regarding judgement by default, or how to lawfully fight them.

the research continues

mareo replied:

A ยฃ22,500 expensive lesson here

Re: Eversheds Solicitor taking me to court for Charge on Pro

by Optiman ยป Tue Sep 10, 2013 9:11 am
“It is important to get a defence in immediately, and its a shame they will not play ball. The system is set against you, hence you must get in first while the iron is still hot. Never delay if you receive CCJ papers. Deal with it immediately. “
True…just learned a lesson that cost me ยฃ22,500 plus l

viewtopic.php?f=94&t=55230&start=40

Re: Eversheds Solicitor taking me to court for Charge on Pro

by againstthesystem ยป Tue Sep 10, 2013 9:00 am
Optiman wrote:
Looks like I’ve taken this as far as I can. With the grateful assistance of Against the system, I prepared form N9B and hand delivered it to the county court yesterday morning. The clerk at the desk, said that I could not submit a defense as a judgement had already been made. He refused to accept the form. I asked the clerk what the hearing on the 27th is for and he said that it was just the official charging of the debt against my property.

I guess in retrospect, when this matter started over a year ago, that’s when I should have put in my defense before a judgement was made. I was not aware of of how these things worked (had just found GOODF) and blindly went to court to try and protect my interest. I really thought that there would be another chance to present some defense, but alas, not so it seems.

Once a CCJ has been made, it would be difficult to get the judge to set it aside. It’s hard enough to keep from going to court in the first place, but once they have their teeth into you, they are not going to do a u-turn.

So, I guess lesson learnt is: Do your fighting before going to court…once there you’ve had it!

It is important to get a defence in immediately, and its a shame they will not play ball. The system is set against you, hence you must get in first while the iron is still hot. Never delay if you receive CCJ papers. Deal with it immediately.

Who really wants to go through the same process? ยฃ22,500 loss here

karon replied:

hi mal ive got a new letter from the bulk center which they have now passed on to my local county court to a bailiff my bill has now gone up by 177 pound, i think i might just pay the water bill and not the bailiff, ๐Ÿ˜† i wonder if the waterboard will still take my money, ive been wondering what im doing with this , i hate to pay them but i dont want all the grief at this time, next year will be my year , do you think they will still take my payment , i will only offer them the once, ๐Ÿ™„ karon xxx

mareo replied:

Paying the water boarders direct will negate the fees of the bailiff.

Bailiff is a turd party interloper devoid of any rights to claim out from you.

Send em a denial of access notice & they will send back the case to the claimant.

This is what happens when you do not object to the bulk center’s involvement, the judgment is equivalent to having the case heard at local county court which has the right to proceed as if the hearing was held in the high court with the high court enforcement.

mareo replied:

http://www.legislation.gov.uk/ukpga/2013/22/section/17/enacted

Crime and Courts Act 2013

You are here:
2013 c. 22Part 2Administration of justiceCivil and family proceedings in England and WalesSection 17

Status: This is the original version (as it was originally enacted).

17 Civil and family proceedings in England and Wales

(1) In Part 1 of the County Courts Act 1984 at the beginning insert–


“The county court

A1 Establishment of a single county court


(1) There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it–
(a) by or under this or any other Act, or
(b) by or under any Act, or Measure, of the National Assembly for Wales.

(2) The county court is to be a court of record and have a seal.”

(2) Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

(3) In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert–

“Part 4A

The family court

31A Establishment of the family court

(1) There is to be a court in England and Wales, called the family court, for the purpose of exercising the jurisdiction and powers conferred on it–

(a) by or under this or any other Act, or

(b) by or under any Act, or Measure, of the National Assembly for Wales.

(2) The family court is to be a court of record and have a seal.”

(4) Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is repealed, as are the following related provisions of that Act: Part 2 of each of Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).

(5) Schedule 9 (amendments in connection with the county court replacing the existing county courts) has effect.

(6) Schedules 10 and 11 (amendments in connection with the establishment of the family court) have effect.

actionmanandy replied:

This depends on your belief. You are talking legal and not lawful here. I do not consent. They need your consent from the beginning, so the fact you ignored their orders does not matter if you have not consented, They are void if you send in a response I do not consent.no contract. magistrates have no Authority over us, It requires consent because they are not using law. I do not consent, if you think I have broken the law then take me to a court of LAW.

We have to go through their process to go to a court of law though, through appeal ! this is also wrong. The judges oath does not cover him for these proceedings so where is his authority?

zark replied:

I would hasten addendum to the reading of

county court is a court of record

the civil, criminal /statutory system is NOT the same as common law ‘court of record’.

common law ‘court of record’ is neither civil or criminal. it is not part of the social system. it is convenient that the stat system names the county court as a court of record as it helps with a claim or counter-claim but dont be limited by the civil or criminal rules

common law is time immemorial unwritten law

civil and criminal law is based upon written forms of action by parliament, in the UK.

mareo replied:

The county court is to be a court of record and have a seal.

The family court is to be a court of record and have a seal.

Evidences they are ALL COURTS OF R E C O R D S ๐Ÿ˜€

smilingalltheway replied:

common law ‘court of record’ is neither civil or criminal.

it’s both and more……..

The county court is to be a court of record and have a seal.”

The family court is to be a court of record and have a seal.”

Evidences they are ALL COURTS OF R E C O R D S ๐Ÿ˜€

100% behind that

John123 replied:

Managed to track down the blog you are quoting from!

https://opcablog.wordpress.com/

zark replied:

Am playing Devil’s advocate here. I am posting this blog/article

but fair play on the find

mareo replied:

So anything emanating from Northampton Bulk CC is in fact emanating from a court of record, therefore we should treat as such by way of counterclaiming, even the exact initial claim & thereby making the claimant a counter-defendant in their own claim & you become elevated to principle sovereign claimant, the best post to be in, all other posts are stumps! ๐Ÿ˜†

State the law of court for the record & viola 190 degree turn around of events, claimant becomes counter defendant, defendant becomes counter claimant in a court of record with the counter claimants choice of law.

Beat that trolls ๐Ÿ˜Ž

Apparently you experience a remarkable difference in attitude from court officials & Judges but that would be due to the record ๐Ÿ˜‰ changing.

1.Counter claim,,,,,,,,,,,gets the matter moved to local county, (question; how to counter claim enacting a court of record with their paperwork?),,,,,answer well we knows how to state the laws of the court that would be in our documents submission, just like the initial claim.

But how to make claim that a sovereign is holding court in equity, acknowledge the court of record status of the venue, how to get this done,,,,,,,,,,,,,,,,,,hmmm,how to establish via paperwork,,,,,,,tuffy, might have to do some thing called research,,,,,wonder if britians got talent is on ๐Ÿ˜† ๐Ÿ˜†

NB; i now am convinced that Northampton BCC rubber stamp claims, if un contested, then tis only a paperwork shuffling exercise, they stamp the orders, but no need to have them signed, no judge has seen the paperwork to begin with, was never a need, the ‘court was the paperwork’ (just like affidavits & CL,,,via post) we all knows that is how we establish the facts of any matter, no different with the above method.

Any case that would require a judge to view would mean the transference of the matter/case to a county court where a Judge will adjudicate. They are trained only to act on correct submissions, our responses are causing them to revert to type and deem/conclude no defense has been submitted and ‘rubber stamp’ the order drafted by the claimant, yes folks thats correct, YOU GET TO AUTHOR YOUR OWN ORDERS,,,,please do take notice,.

The function of the bulk clearing center is simply that what its name says,,,a conveyor belt of ‘Justice’,,,,suppose you have to agree, whenever claims are uncontested or admitted to in full and or part, then the center is a necessity.

Hopefully the memo will go out from the MOJ that any such responses should always be transfered to a local county court rather than deeming returned documents as invalid,,,,,,thoughts folks

smilingalltheway replied:

yes folks thats correct, YOU GET TO AUTHOR YOUR OWN ORDERS,,,,please do take notice,.

thats correct, this was found out earlier this year about them making their own orders

the only issue i have with all this is as stated previously

the NBCC has a business interest in providing a service and a result for the bulk claimant.

as a result, it’s very easy for them to pretend that

They are trained only to act on correct submissions, our responses are causing them to revert to type and deem/conclude no defense has been submitted and ‘rubber stamp’ the order drafted by the claimant,

or alternatively send your paperwork back when THEY don’t comprehend it, because THEY are not legally trained, and i will state not lawfully trained either…..

so i still see NBCCC as a problem even though they are administrating a court of record….

point being the scales are still stacked against us for those reasons …. so this cannot be justice.

and quite clearly will waste alot more time in the long run ensuring the people are treated fairly, almost like more hoops to jump through to get our paperwork put through their rubber stamping business enterprise…… the bulk claimant gets the red light to a well oiled machine, yet whoever counterclaims has to jump through numerous hoops just to ensure their paperwork gets accepted and then the court moved…..

hence damages and counterclaims should be alot higher……

zark replied:

Mareo wrote:
So anything emanating from Northampton Bulk CC is in fact emanating from a court of record

hang on, hold them horses

lets return to the definitions ;

court = person + suit[e] of the sovereign
court of record =
1. generally has a seal
2. power to fine or imprison for contempt
3. keeps a record of the proceedings
4. proceeding according to the common law (not statutes or codes)
5. the tribunal is independent of the magistrate (judge)

NCBCC state the acceptance of orders to pass the case onto a county court …

ermmmm

if NCBCC are willing to pass the case onto a county court …. that means NBCC are not a county court.

if the CASE is not in the county court already then it follows … the case is not in a court of record

It is not proceeding according to the common law as such, Q.E.D. NCBCC are not a county court and not a court of record

The ability and willingness to pass the case on shows/indicates that they are a 3rd party interloper, like a solicitor, trying to gain a quick decision of consent which will then be taken for a CCJ rubber stamping

broadwayjoe replied:

Not so fast. They move cases to the local county court for individuals, but businesses must defend the case at NCCBC. The reason is straightforward: requiring individuals to defend their case far from home would place an unreasonable burden on them.

zark replied:

you skipped a crucial thing

Court is defined as:
person and suit of the sovereign

sovereign is defined as:
a body in which independant and supreme power is vested

the business = a person = a fiction

the business or person isnt defending or bringing a claim, it is the sovereign

A ‘court of record’ is the superior court. There is no ‘passing cases on’. Only inferior courts move cases.

Lucky13 replied:

Hi everyone on this thread.

I have recently received a letter from N.C.C.B on behalf of MKPD, on behalf of HSBC.

Im really not sure what to do here, l sent letters off ages ago, to which l didnt get much back from, then a couple of days ago l received one from them saying they had sold the “debt” onto MKPD whome l should have all correspondence wiht going forward, then l get the Court letter.

Ive looked through a lot of info here, but really not sure what to do, or how to respond.

I dont want to go to court ๐Ÿ™

Any advise and help is appreciated. Have 14 days to respond, from 15th Dec…..

Thanks

zark replied:

hi,

the claim form must name a claimant and the correspondance address

if both are MKPD then send letter 1 to MKPD immediately – begin a dispute [it has been argued that you can changed the response time to 3 days, thus 9 in total .. tacit done before the 14 days are up or which i dont agree with but its an option === send Acknowledgement of service + to the letters thus 28 days to submit defence + tacit done]

then you can submit a counter-claim

if HSBC are the claimant and MKPD the corresponance

then counter-claim;

1) did you send estoppel to HSBC
2) did you BILL hsbc at all

submit a counter-claim, equal or more than the HSBC claim, stating what laws HSBC have not adhered to and why.

Fuzzydoes replied:

Hi I have just received a claim form from CCBC….I don’t live at the address they sent it to it is my sisters address ….I have opened the mail…what’s my nest step…???….if the name and address don’t match they can’t process can they ?

Thanks for your help ๐Ÿ™‚

waylander62 replied:

hi and welcome to the forum ๐Ÿ™‚

i would start a new thread in the dealing with courts section it will get more views and probably more replies ๐Ÿ˜‰

Lucky13 replied:

Good Morning everyone.

Well l have now received the attached letters from CCBC

And l need a bit of assistance as l dont quite understand what it all means.

Many thanks.

Tinkerbell99 replied:

Hi Lucky13

I have had the same first letter from NCCBC acknowledging receipt of my defence. But I haven’t had the second one. Are you making a counterclaim against MKDP?

Tinkerbell99

Lucky13 replied:

Hi Tinkerbell.

I dont know what to do. As l dont quite understand what this letter all means and l dont want to sign or acknowledge anything just yet.

However l have received a letter from MKDP this morning, attached, so now lm even more confused and need some help ๐Ÿ™‚

letissier14 replied:

That’s not a true copy ๐Ÿ˜†

Lucky13 replied:

Nope it is defintely not ๐Ÿ™‚

Can you tell me what document l need to send back to them.

As they are full of rubbish!!!

letissier14 replied:

What have you requested from them so far

Lucky13 replied:

hello again,

They have received letters one and two from me so far, third to follow next week.

Tinkerbell99 replied:

Hi Lucky13

I read the attached letter. What a load of codswhollop!! ๐Ÿ˜€ If MKDP are saying they have bought the alleged debt. Then thank you very much for paying it off ๐Ÿ˜† What debt? There isn’t any debt because MKDP paid it off. How kind of them ๐Ÿ˜†

Tinkerbell99

cricket replied:

They make it up as they go along these DCA’s. ๐Ÿ˜†

Yep, ignore ANY letters from them that have not provided you with what you have asked for. I say ignore but I was told always best to reply to each letter from DCA with something like the following. That way they cannot say you have ignored correspondence etc if it goes to court.

Something like:-

Dear Interloper

Your letter dated xx.xx.xxxx and its contents are noted, however, rebutted in their entirety. No further communications will be entered into in respect of this matter, only acknowledgements to confirm receipt of your letters.

As said, just stick to your guns and send letter 3 when the time comes. ๐Ÿ˜‰

Lucky13 replied:

Thankyou very much, so what happens with my Court Letter to, which is a little further up the chain, will that all fall under the same thing?

Do l send that completed form back to the Court?

All this help is appreciated thankyou ๐Ÿ™‚

tony63 replied:

any advice welcome ! I owe an uncertain amount to my daughters private school for fees. An application to NCCB is hanging over me like the sword of Damicles if I ever miss 1 payment.

In Jan 2006 I owed ยฃ4850 and have been paying ยฃ60 per month ever since, I have had no statement of account since then and don’t really know what’s left o/s they say they will add interest at 1% over base rate !!

should I write asking for a statement: stop paying and wait for the inevitable or send some form of letter ie; Please send me a copy of the signed agreement (contract) etc etc ??

mareo replied:

1. start your own thread, will get better responses

2. stop paying

3. fire of the letters

tony63 replied:

Hi Mareo how do I start my own thread ?

glenn replied:

Dear GOODF Team

I received a Claim form from Northampton County Court Bulk Centre.

From Walker Morris LLP Solicitors on the 6th of March and been given 14 days to reply with option to extend to 28 days if needed.

On the form this is what was written.

The claimant claims 5646.49 for debt and interest. On 27/4/09 the defendant entered into an agreement for a credit card with Bank of Scotland , under ref no .. On 1/9/10 the defendant defaulted on the agreement with an outstanding balance of 5017.39 On 31/7/12 the debt of was assigned to 1st Credit Finance 5 ltd on 19/11/12 the company changed it name to CAI Finance Ltd on 1/6/13 assigned the debt to 1st Credit Finance Ltd.

Notices of Assignment were sent to the Defendant in accordance with s.136 Law of Property Act 1925.

AND THE CLAIMANT CLAIMS.

1. The sum of 5007.39. 2. Statutory interest of ยฃ639.10 pursuant to S.69 County Courts Act 1984 at a rate of 8% per annum from 31/7/12 to 3//3/14 and thereafter at a daily rate of 1.10 until judgment or sooner payment.

I am very surprise they have been able to do this after I have with all of them proceeded sending the 3 letters which in turn had them in a tacit agreement. After the 3rd letter to Walker & Morris this would of scared them off like the last solicitors etc.

So obviously this is a new tactic as I have had to problem over the past 3 years or so. Maybe I should of kept an eye open for this new attack. So this is a new con, to take money from me plus more.

DOES ANYONE have any experience with dealing with this can give me any advise, which course of action is best to take ?

Under Common Law and a tacit agreement in place, how can they get away with this ?

Admission form admit to nothing list my out goings etc, well I can prove I have no spare money and are behind with tax and other bills, so not like they can get any money out of me.

But I do own my own house I’m a little worried if they can force bankruptcy, or remove items from my home in the near future, plus I’m trying to rebuild my credit history to remortgage my house some time next year. So I was thinking of making a deal with 1st Credit to pay a lower amount over a period of time, as I know, like you they have probably bought the debt for 500 or so.

They did offer some time back a reduced debt amount, So if they agree to clear my history of this after the payment term is completed say after 18 months, it would be worth it.

The other problem I have is wife two young children, makes it a bit sticky.

If they do not play ball go back to BOS offer to pay say ยฃ100 then ยฃ10 a month over a set period.

I have looked at the Civil Procedure rules it seems they’ve just made them up to stop us getting away with paying them, which I thought they would sooner or later. I was hoping i would make it to 6 years then the debt maybe wiped.

Civil Procedure Rules may be made by applying other rules, the other rules may be applied, to any extent, with or without modification and as amended from time to time. Rules different provision to different cases . All seems to just confuse you can catch you out no matter what you do ?

So I’m very confused, so any help from you guys would be very much appreciated in this matter.

Hope to hear from you very soon. Otherwise I got to make a deal before Friday I guess.

zark replied:

it is standard scary tactics.

just send a response to NCBCC saying:

1. you object to their handling the claim
2. the account is in dispute
3. the claimant has failed to supply documents requested
4. you intend to counter-claim

there are a few other threads [some use the claimpack forms, i dont recommend it as the growing concensus agrees their forms are a jurisdiction grabber and could negate the letters, so just write a normal letter like the templates to NCBCC] on what to do but generally next will be.

the claimant will scuttle away as they tried the cheap fast option of NCBCC.

the claim will go to the local court, you will receive another claim pack and then when you respond regarding the lack of proof [as per the 3 letters with your own financial claim] they will scuttle away.

glenn replied:

Cheers Zark

I take it you’ve done this yourself ? or know someone who has had success ?

Ok letter with reply 1. 2. 3. 4. like you have said, add the normal template at bottom, sign of surname clan, Authorised Rep. All rights Reserve. Errors a Omissions Excepted. without Prejudice. Non Assumpsit.

When local court send another claim pack, send the 3 letters I sent to BOS, or 1st Credit, Walker a Morris with any invoices, with total costs so far ?

What do you think about sending a letter to BOS regarding PPI’S as i think they will owe me money or is that a bit too far admits to the debt ?

Plus any good ideas on restoring my credit history, as I mention on my previse email only for Mortgage purpose to change later.

The obvious one is sent up a new bank account keep it in credit.

Your help is very much appreciated and your time in helping me in this matter.

zark replied:

nono, you mis-understand

NCBCC is used to gain judgment by default.

when the ‘defendant’ objects and states that it will act in the face of allegations the NCBCC just forwards the claim to a local county court — man trumps corporation — so its always closest to man not the corporations H/O or the solicitors acting on behalf of

thanks

Society of the Spectacle replied:

Has anybody ever suggested a Petition to a High Up Law Lord, to get a statement declaring the Stamp alone of the Bulk Centre carries NO Authority?

zark replied:

do you wanna go back to the old ways

the sheriff is employed to find you, grabs you, drags you to the court building and then you have your moment?