link financial - court papers already!!

dollydo

Hi louietudor,

Can I ask a question?

I've just started a DMP with payplan and GE is one of my biggest creditors. Today I have received a letter asking me to call them before the accept my proposal. I have had some great advice on here about what to do, so not so worried. But am now very worried that my debt will be passed to link. So my question is , how long did GE accept your payplan payment for? I got my default letter 2 weeks after missing a payment!

Thanks and I wish you luck with the court papers.

louietudor

ive checked and checked again but cant find a default letter - im a bit confused because there so many letters ive recieved for the 13 or so creditors on my plan that i cant be sure i never had one - i am sure that the letter from link was the only one

10past6

This is the choice you face:

You can either hand the court claim over to Payplan and let them deal with it, which will result in them admitting the debt and trying to come to some monthly arrangement with the claimant, again, that will result in you receiving a CCJ.

Or

You can forget all about Payplan, and YOU admit the claim and YOU try and deal with the creditor yourself, chances are, you'll still receive a CCJ.

Or

You can deny the claim on the basis they've not issued a default notice or termination letter, and therefore have terminated your agreement unlawfully, this process will invlove a court hearing, you will need to prepare a defense for it, this is why it's suggested you keep Payplan out of the issue for now.

Above is a brief description of the chioces you have.

It's important at this stage you acknowledge the claim within 14 days, don't worry about a defense at this stage, acknowledging the claim is the most important part for now.

Any questions please feel free to ask.

louietudor

is it too late to request a cca?? and would it help?

10past6

louietudor wrote: »

is it too late to request a cca?? and would it help?

Requesting your CCA as a sole defence is pointless at this stage, you can however use a CPR (Civil Procedure Rule) request.

What you have to decide, are you going to admit the claim or fight it

If you’re going to admit, OK, that’ll be the end of the matter so to speak, (I’ll explain below)

If you’re going to fight the claim, then you have o have the confidence in the defence you’ll be submitting, we can advise you as much as you require on here, but at the end of the day, you’re the one who has to explain to a district judge where the claimant has tripped up.

If you admit the claim, you / Payplan will make a monthly offer within your budget, if the claimant refuses the offer, they’ll be granted judgement forthwith, meaning a CCJ, you’ll then have to apply for a redetermination hearing at your local court for a hearing based on the clamant refusing your offer.

louietudor

many thanks for all the advice so far youve been brilliant - if i admit the claim and they accept the offer of payment does that still mean a ccj? - plus should i be so scared of a ccj? - i am tempted to fight but as i dont feel 100% certain i was not defaulted i don't think this is an option as im sure if i won this round they would then make sure they default me and get the ccj anyway - i do admit to owing the money and i do want to pay it back but only within my limits (if that makes sense)

fermi

What type of debt is this? When was it first taken out or any agreement started?

Need to know those as basics before we get ahead of ourselves.

fermi

Oops! Missed the bit about MBNA.:o

So credit card then?

Is it from before April 2007?

MBNA wouldn't know a real CCA it they tripped over one from that period.

louietudor

hi fermi - no it wasnt a credit card it was a loan in 2004 with ge capital

10past6

On the claim form that you have (N1) it will say POC (Particulars of claim) can you post up what it says word for word?