Can anyone help me with this CCJ ?

mandi_moles

Hello !

Somthing very old and nasty has reared it's ugly old head just in time for Christmas (how nice of them)

I have a debt £1733 to Capital One bank and this morning have received court judgement for just £173 of it !
its says ..

For the avoidance of doubt making this claim for a part of the debt the claimant does not waive any rights to the balance of the debt, which the defendant continues to owe to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt remain outstanding.

Can anyone tell me why they have done this in this way ?

We are on income support (long term) so i will have to admit to the full ammount i think and just make a very low offer. Please can anyone help me ?

Bokken_2

I hope this is useful ,it is a good place to start as their advice is free and impartial.
Go to the Citizens Advice Bureau and take all the papers sent to you by the court and the papers(account statements /bills etc) relating to Capital One.
Explain the problem and they will approach Capital one and the Court on your behalf.
The CAB normally manage to have your debt payments reduced or even some of the debt written off.
This will not go away so you must visit the CAB as soon as possible.
Oh yeah it is FREE so go.

mandi_moles

Thank you.
I called nationaldebtline saturday morning, they were great too. Told me how to fill in my expenses and what I should offer in way of payment.
Works out on paper im paying out more than i get so it should be ok. I'll let u know.

digp

if they brought a claim then they should bring all of it in one go. i do not accept that they are entitled to bring it piecemeal, esp where they may be taking advantage of the way the court fee structure works. i suggest you contact a lawyer, quickly! if you settle the judgment within one month of the date it was made, it will not appear on your credit reference file!

digp

oh, and check out https://www.debthelpuk.co.uk/forum lots of knowledgable people there

mandi_moles

digp wrote:

if they brought a claim then they should bring all of it in one go. i do not accept that they are entitled to bring it piecemeal, esp where they may be taking advantage of the way the court fee structure works. i suggest you contact a lawyer, quickly! if you settle the judgment within one month of the date it was made, it will not appear on your credit reference file!

Yes, I spoke to National debtline about that myself ! Just 10% of the debt claimed and charging me a whopping £70. If they do that another 9 times it will be nasty. The chap i spoke to seemed to think maybe they just testing the water. My outgoings are more than my incomings so with any luck they will just throw it out . If they accept my £1 a month offer and then claim another small chunk then I will most certainly seek extra help as that is very sneaky. We will see...Im not too botheres about my credit rrating at this point as I dont want credit !! When I applied for the stupid cap one card in the first place they knew I was on income support !! And to make matters even sillier, Hubby took out a loan with cap one 3 months ago no problems at all !! I may go bankrupt, seems like a good option right now but first i will see what happens to this stupid claim. So nice of them to stick it on me just before xmas. Grinches....

Mandi