Ccj :(

jodenice

My boyfriend is on a debt management plan with CCCS and most of them are fine - however, this morning he received a CCJ application from hfC.

(this is exactly why he didn't want to go on a dmp in the first place and why he wanted us to just continue trying to pay the minimum payments for all his debts - which was impossible).

firstly, what do we do? I let CCCS know ages ago and sent loads of copies of solicitors letters from the HFC side to the CCCS team and we never heard a thing back, although they acknowledged they had them.

Secondly - what does this mean.

I am panicking.

kevin_M

dont worry its normal when you default. pass it over to CCCS it should all be fine.
when you go with a DMP it normaly happens defaults and CCJs will be registered on your creditfile for the next 6 year.

just keepup with the payments with the CCCS and keep them updated and all will be fine

plus is it a County Court claim form does it have a income and outgoing thing on the back. if so u need to fill this out and send it back. contact CCCS to help if you need it

ALIBOBSY

Have you actually got court documents or just a letter from the lender?
Considering the fact that lenders are supposed to be signed up to the banking code which clearly states they should be sympathetic to debtors in financial trouble this kind of action (you aren't the only one ) shows how little respect the banks have for the code. As well as how heartless the whole system is. You could write to them to complain and then pass the complaint on to the FSA, but in the meanwhile you need to address the CCJ.

You have 2 options
1) Do nothing and they will get the CCJ against you anyway
2) Admit the amount of debt(watch the court costs if this is a small claims case they can't claim costs but they will try to claim them) and arrange an amount to pay, the court will only ask you to pay what you can and at least once a CCJ is in place, as long as you keep to the payments it is very difficult for them to take any further action against you without it looking grevious in front of a judge.
3) defend- Worst case you end up with the CCJ anyway, best case no CCJ and may even get debt written off.

What is the amount of debt? Does it contain any charges and or PPI that you could reclaim? Have you done a request for sight of the original credit agreement (without which it is very difficult for them to get a CCJ)

There is alot of info out there on the internet and I would particularly recomend the consumer action group. Read read read. Also I would check your dates so you know exactly how long you have to respond to the claim ie date of service, date to respond initially, date to submit defence (should you go that way).

Good luck

ali x

jodenice

well its a blue form and its stamped by the court and it says its a Claim Form. (We have already had letters from the solicitors, which I replied to saying he was with CCCS and then forwarded the letters to them. There was a bit of a mix up when we first started whereby HFC hadn't been included in the recipients pay list but that had been rectified by the time we got the solicitors letter)

the amount we owe them (according to the form) is 1772.75. They have added court fee of £75 and a solicitors cost of £80 making the total £1927.75.

It was for an unsecured loan thingy for when my boyfriend bought his computer as opposed to an overdraft or something so I don't know about charges, or PPI. I also don't know anything about the original credit agreement.

Do I pass this onto CCCS and do all this extra stuff as well? As I would imagine CCCS won't really go into all that will they? How do I go about it? It says we have a limited time to respond. i think they may have charged us about £253 in costs but even if I could get them knocked off we couldn't afford the full amount anyway.

any help appreciated.

RAS

Hi

Which court?

Have you requested the original Consumer Credit Agreement? What date was the debt taken out?

You need to check whether that sum includes late payment charges and PPI.

jodenice

Hi no it doesn't include PPI but does include the charges incurred while we couldn't pay and were setting up the DMP (253).

The CCCS has sent us a form with all our outgoings, incomings and debts etc on it and told us to just attach the sheet to the court form, is this allowed? The debt was taken out about Feb 2006.