Please help, desperatly worried

fatbelly

andyathers wrote: »

I rang payplan today and they advised me to send the forms to them and they will fill them in and forward them to incasso, I have done that today but what if payplan dont send them.

I presume they'll make the offer to pay by instalments at the rate you are already paying.

Hopefully the court will accept that and, if so, then you're no worse off.

Worry about what happens if that isn't accepted, if and when it isn't accepted (you have the right to a redetermination by a district judge at your local court if you object to the judgement within 14 days of receipt of the judgement)

Mandi - didn't your avatar used to 'move around' a bit? She seems stationary now!

RAS

andyathers wrote: »

Hello RAS it is with northampton court,Thanks

As fatbely indicates, you can ask for the redetermination to be at your local court.

Alternatively you could ask Payplan to request that the intitial case is referred to you local court and then argue your case there.

DebtFree2015_3

Juat looked up Incasso

www.incasso.co.uk/ -

Have a look they are solicitors apparently, Cobetts LLP, so any huge issues complain to the Law Society!!

We have a Tesco Loan but they have refered it back to RBS (They back Tesco Loans)! To try and cheer you up think how much you owe...then remember RBS had to write off 6 billion in bad debts in the first 6 months of last year!!! And Liverpool FC owe them 380 million!!

I know it is not really relevant but I think it shows why they are suddenly chasing. We have been in our DMP 2 years with Payplan and they excepted it initially, I think they are just panicking and trying to re-coup as much money as possible. Payplan have always been good for us and I am sure they will support you too.

Good luck & keep us posted )

andyathers

Hello,
Thanks for the replies.I e-mailed Payplan last night and they were good enough to ring me first thing this morning.They say exactly what you guys are saying, dont worry ETC. And that if it goes against me they will apply for a re-determination.

They also said there are other appeals I could make also.So i do feel a little better.I really have no control or power over this now.I e-mailed Incasso they replied and said its not them whi wont accept my offer its tesco,and incasso are just acting for tesco.

I will just have to wait until the judgement and get it heard in my local court, were then I can produce the paperwork that tesco sent me and my OH telling us that they will accept the offer we made via payplan.

Payplan also said tesco are only interested in getting a charging order, that will secure there money should i sell our house.Its in negative equity so they will get nothing if it was sold.

I sent a CCA request today to Incasso & also to Tesco, i sent them both £1.00 to cover this.I was wondering have I wasted my money ( ie have i done it to late).

Thanks again for the support.

P.S should i sent CCA requests to my other creditors.

RAS

Once the CCa I requested, the debt is in dispute. In practice, this will not delay the process by much but if it is not forthcoming, then the case will go against them AS LONG as you point this out to the court.

RE the charging order, a lot of people seem to be acting as if the new legislation is in effect and it is not. You need to ensure that Incassso do not get a forthwith judgement, that Payplan takes the debt out of the DMP and you pay the amount require dby the court and that you read up on Mercantile v Ellis.

legally, if you pay the CCJ as determined by the court, they are not allowed to agree to a charging order.

andyathers

Thanks RAS,

Could I just ask, if in 12 days they dont produce the CCA ,what do i do then.Also should i send CCA requests to my other creditors. Thanks again

RAS

If they do not produce the CCA in 12 working days, you need to advise the court of this fact. You can ask for the case to be thrown out.

wITH RESPECT TO THE OTHER DEBTS, for all loans, credit cards and catalogues, request the CCA.

Please note however that the debt charities do not generally like removing debts from DMP just becuase the CCA is missing. It does however help protect you from court action in the future.

andyathers

Thanks again RAS.Is there a letter to send after the 12 days.I would always still pay my debts,ijust dont want the court hassle.

RAS

You need to edit up all the dates on this.

Remember 12 WORKING days plus 2 days.

If you sent the letter over New Year, you need to add extra time.

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.



The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.



I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



If the creditor under an agreement fails to comply with subsection (1)—



(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

fatbelly

andyathers wrote: »

Payplan also said tesco are only interested in getting a charging order, that will secure there money should i sell our house.Its in negative equity so they will get nothing if it was sold..

There are several stages before you get to a hearing for a charging order, and it may never get that far.

Obviously, that is what Tesco are looking for.

If you can demonstrate that there is no equity in the property (mortgage statement & house valuation) then this is a defence against granting a charging order. There are other points that could be thrown in too.

We can look at this in more detail if we get to that point.

Keep us updated