Judgment Mortgage

i completely agree!!!

I will be informing the judge tomorrow, i do not consent to this strike out as it is not on the instruction of the creditor.

The agent here is on behalf of the debt collection agency and they are not entitled to strike out this instalment order. They are not the creditor, they do not own my debt, and they did not inform the creditor of my circumstance my request and more importantly, the creditor is unaware of this summons/court date.

Data Protection straight away!!

If I were you I would only asked for adjournment in a humble manner the reason for adjournment is because you were lead to believe that the creditor would be attending court and you were only told at the last minute that they would not be attending.

If more information is required then you can go on to say that the collection company that has been collecting money from you for over 2 years were not legally entitled to collect the money as there is a judgment attached to the debt.

There is so much messing going on ....

I will only leave the courts tomorrow with an adjourment date and i will explain the debt collection agency have being wasting the courts time by not informing the creditor.

they have just informed me. "Thats fine. We have given our agent instructions for tomorrow."

OMG!!! Finished in court, i pointed out everything, every last thing, the agent was shocked.......

There agent her instruction were payments have ceased collection, i stopped her and asked her who she was representing, she answered and i informed the judge they are the debt collection agency not the creditor etc. etc. i informed the judge the debt collection agency have being wasting the courts time and my time and i was only informed yesterday, none of my info was passed etc. etc..jm etc..

The court room were glued to their seats. I went on to say about the summons, cashflow etc.. and the civil office have no record of this creditor etc. and i showed my notice of assignment the judge confirmed this debt was not assignment correctly. I told the judge this is all very "Shifty" and i don't think they should have been legally entitled to collect my debt she agreed.

Long story short, she said all she can do is make an order that is debt does not come to the courts again and i cannot be persued under enforcment instalment order and she advised i persue the creditor myself but this debt will not come into the courts again.

As i was leaving people sitting in the court actually said "Well Done" to me.

I had a sleepless night and it was worth it. I have just made my request under the data protection act to the debt collection agency and i have informed them i will be persuing them in court regarding their improper procedures .

Well done.

Wonderful news ..will they also take your judgment off your deeds as well now.

That is the next thing to sort.

Well this is only half the battle, i did mention the jm and she was very surprised and asked who obtained this and i told her, she just said, you'll have to get that removed.

So yes, that is the next step.

Also, a few other things have come to my attention, the debt collection agency told me yesterday this creditor is not in ireland, i have just found the creditor is located here and i have just made a call to confirm this.

I have just written a letter to the creditor at there dublin address and explained the situation and made my request and explained if they do not cease my debt,mark settled in full and do not sell on, i will persue them in court with regards to them not obtaining my debt correctly, and they weren't not my summons and they were not entitled to collect my debt. And the data pro.

They will be in Ireland also as well as the UK there is a lot of these companies are in Ireland now as the corporate tax there is much lower in Ireland than UK.

You should also use the words 'full and final settlement. If you get that from them they cannot sell it on. Also this should be on their letter headed paper as well and also stamped and signed by them. Asked them to sent a copy to the land register as well. This should be enough to get it removed from your deeds as well.

Do not trust them, they know every trick in the book on how to extract money from people.

Thanks Kev, i have just sent a letter off to the creditor so i will what answer i get back. And as far as the judgment mortgage, i have just written a letter to the receivers on behalf of cashflow asking them to complete the relevant form to cancel this judgment mortgage as the applicant is nolonger in business, so will be interesting what there answer will be.

Thankyou for all your advice, this is far from finished as i plan to persue this creditor because they clearly did not obtain my debt correctly, and they have being misleding me and falsely collecting this debt when there is no record of them.

Thanks Kev and Time, i appreciate all your very valuable advice!!