Court papers received

natty16 · 1 August 2009 at 11:07AM

In July last year my partner lost his job. As i was due to start my maternity leave in September I anticipated the worst in that my partner may still be unemployed so I wrote to all of my creditors explaining our situation and offered reduced payments until a time that our situation improved and my partner got a new job. He really struggled to find a job and he ended up getting his SIA licence and has just recently got a security job, which brings home a lot less than the 19,000 he was on in his previous job.

Most creditors have been ok and helpful with accepting our reduced payments although there have been a few defaults thrown our way. However, we had a joint loan with Tesco which was originally for 7,500 and at July last year we still owed 7,300 ish. For a while we paid Tesco a token payment, they then passed the account to Triton to deal with and after going through our incomings and outgoings they agreed to a sum of 16.20 per month, which i paid. However, a couple of months ago and I don't know why but my payment was increased to 16.40 (not that I was aware) and because I continued to pay just 16.20 my debt was sold to Moorcroft. All correspondence from Moorcroft was soley in my name but I did not think anything of this until my partner received a letter from Incasso LLP stating they wanted payment of the debt in full otherwise legal proceedings would be taken against him. I tried to phone Incasso but never got an answer so I phoned Moorcroft and explained that I now had two companies after payment of just the one debt. They said that to pay them and to send a copy of Incasso's letter to them.

Today my partner has received Court papers filed by Incasso!!!! :eek: I have phoned Triton this morning and they said the debt is with Moorcroft and to igonre the Court papers, which i am not happy to do. The lady I spoke to said as it is saturday she cannot do anything until Monday anyway. I then tried to phone Incasso yet again and now i get a message saying the number is out of order. I really do not know what to do now about these Court papers. I don't want my partner to have a CCJ against his name.

Any advice would be gratefully received, as am feeling rather scared as to what may happen. Things were just looking better for us and now we get knocked back down with this!!

Thanks

Natty16

roni08 · 1 August 2009 at 2:49PM

natty16 wrote: »

In July last year my partner lost his job. As i was due to start my maternity leave in September I anticipated the worst in that my partner may still be unemployed so I wrote to all of my creditors explaining our situation and offered reduced payments until a time that our situation improved and my partner got a new job. He really struggled to find a job and he ended up getting his SIA licence and has just recently got a security job, which brings home a lot less than the 19,000 he was on in his previous job.

Most creditors have been ok and helpful with accepting our reduced payments although there have been a few defaults thrown our way. However, we had a joint loan with Tesco which was originally for 7,500 and at July last year we still owed 7,300 ish. For a while we paid Tesco a token payment, they then passed the account to Triton to deal with and after going through our incomings and outgoings they agreed to a sum of 16.20 per month, which i paid. However, a couple of months ago and I don't know why but my payment was increased to 16.40 (not that I was aware) and because I continued to pay just 16.20 my debt was sold to Moorcroft. All correspondence from Moorcroft was soley in my name but I did not think anything of this until my partner received a letter from Incasso LLP stating they wanted payment of the debt in full otherwise legal proceedings would be taken against him. I tried to phone Incasso but never got an answer so I phoned Moorcroft and explained that I now had two companies after payment of just the one debt. They said that to pay them and to send a copy of Incasso's letter to them.

Today my partner has received Court papers filed by Incasso!!!! :eek: I have phoned Triton this morning and they said the debt is with Moorcroft and to igonre the Court papers, which i am not happy to do. The lady I spoke to said as it is saturday she cannot do anything until Monday anyway. I then tried to phone Incasso yet again and now i get a message saying the number is out of order. I really do not know what to do now about these Court papers. I don't want my partner to have a CCJ against his name.

Any advice would be gratefully received, as am feeling rather scared as to what may happen. Things were just looking better for us and now we get knocked back down with this!!

Thanks

Natty16

As Moorcroft are the DCA that you are paying then the best thing you can do is get your partner to write a letter to Incasso pointing out the error of their actions. Make sure you send it by Recorded Delivery so that you can prove that they have received it. By doing this you have covered yourself.

If need be, even though it might be inconvenient your partner can go to court with this letter to prove that they are taking incorrect action. It won't cost your partner anything but it will cost Incasso......and serve them right!

Fire_Fox · 1 August 2009 at 4:52PM

You should lodge a defence with the court and attend if at all possible. The court can give you advice on how best to do this if you don't understand.

Also write letters, sent recorded delivery, to both companies explaining the mix-up and asking for the court action to be stopped. Keep copies of the letters and the recorded delivery slips in case you do have to attend court. DON'T rely on the debt collection companies telling you verbally anything is sorted out, check with the court whether the action is going ahead or not. We have had cases before where CCJs were awarded when the debtor thought the court action had been stopped. If you do have to go to court, don't panic just take copies of your original letters saying you were in finanical difficulty, your statements showing regular payments and your letters tryong to sort out the mix-up.

natty16 · 13 August 2009 at 1:28PM

I still can't get anywhere with Incasso and making sure that my partner does not get given a CCJ against his name.

After eventually getting through to Incasso I was told that for some reason Triton had split me and my partner up from the joint loan. My details had been passed onto Moorcroft whilst my partners had been passed onto Incasso. I have set up repayments with Moorcroft which have just started but Incasso say now that I will have to pay Moorcroft whilst my partner pays them. Currently I pay £10 per month so it was suggested by Incasso that I change my repayment to Moorcroft to £5 per month and my partner pay £5 per month to them. I don't understand how we can be paying two different companies for just one debt!!

I phoned Triton and they seem to be as confused as me as to why we got split up but they feel that I will have to join my partner and start paying the debt off to Incasso. Seeing as though it has now got as far as Incasso serving Court papers on my partner and adding £290 of costs onto our debt, I really do not want my debt to be passed onto them and would rather stay with Moorcroft who are happy with my payment arrangements as they stand.

Triton have got to contact their legal dept and are hopefully phoning me tonight to let me know what to do next but tomorrow is the 14th day since receiving the Court papers so I have just (and i hope this is correct) filed online an Acknowledgement of Service and said that my partner intends to defend all of the claim just so that we have a further 14 days to try and sort this mess out.

Does anyone know if there is anything else I should be doing as I really do not want a CCJ entered against me or my partner

natty16 · 13 August 2009 at 4:26PM

Sorry to bump.

Also wanted to add that i have just sent a letter and payment requesting a copy of my CCA to Incasso. If i understand it correctly, if they do not supply me with a copy within the 12+2 days then this matter cannot go to Court, am i right in my thinking please?

GeorgeUK · 13 August 2009 at 4:54PM

If they don't supply the CCA, they can still take you to court - they would need to provide the original CCA complete with signatures if they did go to court though.

There is no way they can split a debt like that. The debt has been passed on to one of the DCA's - they may actually be expecting you to both pay the full amount each for the debt. I would get in touch with the original creditor and remind them only one DCA can chase a debt at a given time.

Court papers received

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