Ge Capital - Claim Form Recieved

owenmonicapeter

we have only been on our dmp since august last year and we owe ge capital £320 - one of the smaller ones.

we have recieved a claim form today, they have ignored all correspondence sent by us and cccs and are now pursuing a CCJ.

We are about to fill in the admission form online, does anyone know if there is any possibility of the court NOT issuing a CCJ???

Is this standard?? have all of you on DMP, ended up with CCJs??

Leixlip1

I have several creditors, including GE, and have only one CCJ (AMEX).
Do you have proof of postage and their receipt of your letters? If so include this in your defence plus the info abour your dmp/CCCS. I assume that GE are receiving pro-rata payments in line with your other creditors so this is the basis for your defence. It's not a forgone conclusion they will get a CCJ so you need to contest it - CCCS or National Debtline will advise you I'm sure.
Good luck.

owenmonicapeter

cccs have advised to admit owing the full amount and ge capital will more than likely go for the ccj and then apply for a charging order on the house

Leixlip1

To get a Charging Order you would need to default on any CCJ granted (case law Mercantile v Ellis) if an order is made for repayment by installments. If a "forthwith" order is made i.e. to pay the whole amount in one payment you will need to appeal this based on your dmp and supply the court evidence of this supported by CCCS.
AMEX tried to get a Charging Order in my case. They obtained a forthwith order which I appealed and a new order was made for payments based on my (6 month old) DMP payments. No Charging Order was granted.

RAS

Have ypu requested the CCA for this debt?

owenmonicapeter

according to cccs, a judge could order the whole amount is paid, which i cannot afford, then they could call that a default and put a charging on my house.

i havnt requested the cca no, what could it mean if i did?