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Unreasonable CCJ??
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TipTop_3
Posts: 3 Newbie
I feel the need to explain my situation.
I was living with my partner in his house under his mortgage, I knew he had some debt but had no idea how much until after I'd fallen pregnant and he decided to tell me. The reason he decided to tell me was due to not only the fact we were having a child but that he could no longer keep up with the debt, we're now in a DMP.
Initially, we thought we were elligible for a IVA and so proceeded to apply for one. We were told by the company we went with to NOT pay any of our creditors, this was in June 06. The company faffed around with us for months and months with endless paperwork back and forth, we were threatened with a CCJ from Mint and were told not to worry about it and to ignore it, it would be all be resolved. It hasn't, my partner now has a CCJ for £10,000 and a charging order. We could of kept up with minimum payments JUST ABOUT and avoided this but were told under no circumstance not to. Mint even offered us good will payment options to delay the CCJ process.
We ended up going to CCCS and the DMP only being set up in JANUARY!!!!!!!!!!!!!!!!!!!! It is ridiculous! Our monthly income is too much for Legal Aid but can't afford a solictor, should we take legal advice?? We have dated paper trails for teh comapny telling us to do as above.
Is this an unjust CCJ???
Can we take legal action against company?? We really wanted to keep paying minimum payments but they told us not to.
I was living with my partner in his house under his mortgage, I knew he had some debt but had no idea how much until after I'd fallen pregnant and he decided to tell me. The reason he decided to tell me was due to not only the fact we were having a child but that he could no longer keep up with the debt, we're now in a DMP.
Initially, we thought we were elligible for a IVA and so proceeded to apply for one. We were told by the company we went with to NOT pay any of our creditors, this was in June 06. The company faffed around with us for months and months with endless paperwork back and forth, we were threatened with a CCJ from Mint and were told not to worry about it and to ignore it, it would be all be resolved. It hasn't, my partner now has a CCJ for £10,000 and a charging order. We could of kept up with minimum payments JUST ABOUT and avoided this but were told under no circumstance not to. Mint even offered us good will payment options to delay the CCJ process.
We ended up going to CCCS and the DMP only being set up in JANUARY!!!!!!!!!!!!!!!!!!!! It is ridiculous! Our monthly income is too much for Legal Aid but can't afford a solictor, should we take legal advice?? We have dated paper trails for teh comapny telling us to do as above.
Is this an unjust CCJ???
Can we take legal action against company?? We really wanted to keep paying minimum payments but they told us not to.
0
Comments
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When was the CCJ granted?
Have you talked to the OFT or Financial Ombudsman?If you've have not made a mistake, you've made nothing0 -
I don't understand what you mean by when was it granted, I'm sorry? When did we get it do you mean? It was November 08.
Again I am really sorry what is Financial Ombudsman or OFT? Can they help?0 -
have you applied for e redeternmination and how have you got to a charging oder in this short time frame?
Did they go for a forthwith order?If you've have not made a mistake, you've made nothing0 -
You need to read this
http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php
and this
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_courtIf you've have not made a mistake, you've made nothing0 -
Are IVA firms covered by the Terms of the FSA if they are offering advice?
And if so, shouldnt ANY memeber of staff giving such advice be Qualified to do so?:D stay wonky
:D
....one-way ticket to Portugal booked !0
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