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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have spoken to you a couple of times. We where applying to

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Hi I have spoken to you a couple of times. We where applying to Manchester Court for a civil injunction for harassment. I have contacted the court today, they have informed me that the paperwork is being sent to us today and to the defendant, which they apparently have until 3rd February 2020 to response? What happens next, and what is the response they are asking her for? Cant understand if the injunction has been served or not?

Hi there, it sounds like the court is serving the papers on the defendant (the injunction) but it is not clear - the court may list a hearing to decide whether or not to grant the injunction. A hearing is not normally required if you gave written notice to the defendant that you were going to apply unless they stopped their conduct. So my view is the court has already made an injunction order but ideally you should speak to the court to ask them (if you speak to the civil listing section at Manchester county court - 0161 240 5300.

I hope this helps, sorry I can't be more accurate but it's difficult without seeing a court order or speaking to the court staff myself.

Thanks, please leave a rating for the answer.

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 11 days ago.
Our solicitor wrote to the defendant and we paid for a cease and desist letter when she first started, but obviously she never cooperated to the letter.
Customer: replied 11 days ago.
When i spoke to the court today apparently the defendant has until the 3rd of February to reply?

Strange, with it being an injunction to stop them from doing something. I presume it would be the Part 8 claim that was issued (which is served on them) - as I say i'd need to ask them what's going on. Some court staff are helpful and know what's going on with a case and others are not so useful - maybe worth putting in another call tomorrow morning

Customer: replied 10 days ago.
No worries, ill have to give them another ring tomorrow. Thanks for your help. Just hoping I submitted the paperwork correctly!

Yes you would have done - if anything was sent out it would have been checked by one of their district judges beforehand..

Customer: replied 10 days ago.
ok, feel a bit better about that then! Thanks, ill phone first thing and try and get a better answer,

No problem, ask for the "civil listing section" when you ring them.

Customer: replied 6 days ago.
Hi, we have received the court papers, we have a hearing on 3rd February 2020, the defendant has until the 3rd feb to put her defence in or admit everything or particle admit it. We have chance to submit further evidence - which we are going to do. Obviously this dispute has not been taken to a small claims court or anywhere by the defendant. She has never even got a solicitor. My question now is, tonight, we have had a gentleman at the house, taking pictures of the house and van that is for the business. He has dropped a card off which is from Nightfox investigation and debt recovery. My partner has contacted him asking him what he was doing at the property and they have confirmed that they are collecting a debt on behalf of the defendant.
Customer: replied 6 days ago.
My partner asked how could he do this, or their company if there was nothing legal that has proven that any money is owed and that it has not been to court. The company said that they are in their right as the defendant has provided them with a copy of a structural engineers report and that is confirming what money is owed. The company have said over the phone that they will be back until payment is made. We have reported this to the Police and emailed the Chief Inspector about this, what else can we do to protect ourselves and the children in the house, and to refrain them from being able to contact us until the defendant has taken the correct legal route.

Hi there, they are usually supposed to be more "covert" than obviously taking photos and such like. A debt recovery firm cannot do much - they are not bailiffs, but nevertheless it still seems to be harassment - the best you can do is turn them away from your property. The Police are not likely to get involved unless it's serious harassment.

Customer: replied 6 days ago.
Is there anything i can write to the debt agency to tell them not to come to the property?
Customer: replied 6 days ago.
The so called debt is not a debt though it is money the customer wants back for work completed at her property, so it is not on a credit report or been logged legally

You can say that you consider their tactics to be harassment and to say that you will apply to the court to strip their licence if they persist. They can't do much though like I say - a CCJ has to be obtained from the court to then be able to use bailiffs. These aren't bailiffs, just some cowboys with cameras

Customer: replied 6 days ago.
So should i just send them an email to ask them to stay away from the property until proof of debt is provided, and if not provided in we will apply to courts?

yes, they should stop what they're doing if you tell them there is no possibility of any money being paid until a court order says otherwise.

Customer: replied 6 days ago.
Re: Your company reference number DR5907

This letter is sent in response to a home visit received by your company on 20th January 2020.
I am requesting that you provide verification of this debt.

Send the following information:
The name and address of the original creditor, the account number, and the amount owed.

Verification that there is a valid basis for claiming to pay the amount you are lead to believe is owed.

Details about the age and amount of the debt including a copy of the last billing statement from the original creditor; a detailed explanation any interest added or payments made since the last billing statement and the legal authorisation for this interest; the date the original creditor claims this debt became delinquent.

Whether this debt is within the statute of limitations and how that was determined.

Details about your authority to collect this debt: whether you are licensed in my borough and if so provide the date of the license, name on the license, license number, and the license number, and the name, address and telephone number of the borough agency issuing the license.

I need more details about what you claim I owe so that this information can be passed to the court as information for our case.

Please accept this letter as written notice, that your company must not visit or take photographs at the property of 82 Hereford Road, Heaton, Bolton, BL1 4NJ, if any visits are received these will be reported to the police and courts.
Customer: replied 6 days ago.
would the above be ok to send them via email and a signed for letter?

Yes, that looks fine to be sent - email would be a good idea for speed

Customer: replied 6 days ago.
I will send it now and still send a hard copy in the post - I cant thank you enough for all your help and advice so far. I really appreciate it.

No problem at all. Feel free to ask anything else

Customer: replied 6 days ago.
tweaked it slightly, as this so called debt is against a limited company. so doing the letter from the company
Customer: replied 6 days ago.
R and M Design Build Limited
82 Hereford Road
Heaton
Bolton
BL1 4NJ

20th January 2020

To whom it may concern,

Re: Your company reference number DR5907

This letter is sent in response to a home visit received by your company on 20th January 2020. A telephone call was made to the company to request further information, from the card left after your companies visit. We are also writing to request that you provide verification of this debt in writing to R and M Design Build Limited.

Please send and provide the following information with 7 days from the date of this letter: -

1. Your company to provide, the name and address of the original creditor, the account number, and the amount owed.

2. Your company to provide, verification that there is a valid basis for claiming to pay the amount your company have been lead to believe is owed.

3. Your company to provide, details about the age and amount of the debt including a copy of the last billing statement from the original creditor; a detailed explanation any interest added or payments made since the last billing statement and the legal authorisation for this interest; the date the original creditor claims this debt became delinquent.

4. Whether this debt is within the statute of limitations and how that was determined.

5. Details about your companies authority to collect this debt: -
a. whether your company are licensed in my borough and if so provide: -
i) the date of the license
ii) name on the license
iii) The license number
iiii) Your insurance company details
iiiii) The name, address and telephone number of the borough agency issuing your
companies license.

6. Details are required by R and M Design Build Limited about what your company claim is owed so that this information can be passed to the court as information.

Please accept this letter as written notice from 20th January 2020 that your company must not visit or take photographs at the property of 82 Hereford Road, Heaton, Bolton, BL1 4NJ, if any visits are received these will be reported to the police as harassment and this evidence will also be provided to the courts.

Yours,


R and M Design Build Limited

Yes, if the contract was with the limited company then the director has no liability. Unless there was negligent or fraudulent misrepresentation but that's not the case here.

 

Customer: replied 6 days ago.
Thanks
Customer: replied 2 day ago.
This is the response we have received from the company. We have had no response from our letter we have sent, so no Information about the debt
Customer: replied 2 day ago.
What should we do with this?
Customer: replied 2 day ago.
On Sat, 25 Jan 2020, 11:19 , <[email protected]> wrote:
Dear Sir,

Further to your email to our agent

The debt remains live and action will continue regardless of your
protestations to the contrary.

Nightfox, or indeed any debt collection agency are legally entitled to
pursue recovery of the debt, and will continue to do so. Enforcement in this
manner is entirely lawful, and whilst you do not like the contact or
experience it is not under any circumstances harassment. Nightfox are a
professional debt recovery agency who abide by the strict codes of conduct.
You should also be aware that the agents of Nightfox wear body camera's, and
all contact is recorded and retained. Should you make any claims to the
police, the recorded evidence, along with evidence of agents attending will
be used to robustly deny any unlawful action.

We recommend you stop playing games and come to the big table and organise
repayment

Failure to do so by Mon 27th January 2020 at 12.00pm will result in Winding
Up Proceedings, immediately and without further warning

Many Thanks

Steve King
Head Of Legal Affairs
(t) Northern Office: 0161 933 7273
(t) Southern Office: 020 8369 5165
(w) www.nightfoxinvestigations.co.uk
<http://www.nightfoxinvestigations.co.uk/>

Northern Office: 4th Floor, 59 Piccadilly, Manchester, M1 2AQ

Hi there, a condescending response from them in my view.

Just to note that the original question is a few days old now - any further questions should ideally be posted within 7 days of this one (as the original one cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks