Redetermination Hearing - Please Help

misswoo_3

I started on a DMP with CCCS just after xmas. While I was setting up the DMP Barclaycard transferred a debt of just under £2k to CL Finance. They would not wait for the DMP to start, and issued a county court claim (via Northampton). Despite my filling in the paperwork correctly (yes I admitted the claim) and including my budget, they refused my offer of £16 per month and got a forthwith judgement for the whole amount.

I asked for a redetermination and have a hearing at my local court on 27 April. What happens and are they likely to uphold the previous judgement? I am absolutely terrified!! I have 2 other debts with CL Finance for higher amounts and they are happy to accept the payments on these without court action so I am puzzled why they did this, although I know this is their right.

Just to make matters worse, I had a letter from Nationwide yesterday, saying they too will not accept the DMP payment and have issued a claim in the county court (the debt is just over £5k) and intend to pursue a charging order.

Any help or advice would be good. I am worried sick and feel devestated that now I am addressing the issue and doing everything right, my situation seems to be getting worse!!!! Thank you in advance.

10past6

Providing you can produce evidence at the redetermination hearing the reasons for your offer, there should be no reason why the judge should not accept it.

You will need to take an up to date I&E with you to show the judge why you can only afford your offer.

Do you owe any other creditors higher amounts?

As you've admitted the claim, it will be very difficult to defend it, however, may I clarify, prior to the court papers being issued to you, has the claimant issued you with a default notice & termination letter?

misswoo_3

Yes, the debt to CL Finance (Barclaycard) is the next to smallest. I owe higher amounts to HSBC (on 2 accounts, also passed to CL Finance) and to Santander and to Halifax and Natiownide.

Does anyone have any ideas as to why CL Finance would issue a county court claim only for the smallest of the 3 debts held by them?

Also, with regards to nationwide advising they intend to apply for a charging order, should I admit the claim on the court papers, as I do owe the money?

Thanking you all in advance.

RAS

Hi

As to why DCAs behave how they do, there is no logic to it.

With respect to nationwide and any other creditor going for a CCJ or Charging order, if you own property, you need to defend the CCJ or charging order even if you owe the money.

if you already have default notice, please post them uip here minus personal and account details and send 10past6 a pm.

i am assuming you have property?

if so have you requested the CCA for all the CCs,loans and catalogues for which court action has not started, which were taken out before April 2007.

if not, I would advise that you do this before they start court action.

misswoo_3

Thank you for the advice. Sorry to be a bit stupid but are you saying I should not admit the county court claim from nationwide?

Also, can you explain what a CCA is? I really am a novice at all this. Thanks.

10past6

misswoo wrote: »

Sorry to be a bit stupid but are you saying I should not admit the county court claim from nationwide?

The creditor has a legal right to instigate litigation if the T&Cs of an agreement have been breached.


YOU also have a legal right to make sure that within any litigation claim, the claimant has complied with legislation when instigating a claim.


Therefore, at the outset, one must deny a claim until it's been confirmed the claimant has complied with legislation each and every step, many don't, however, if the claim is admitted at the outset by the defendant then the claimant wins.


Ignorance of the law is not an acceptable defence should a defendant decide to challenge the claim at a later stage.

Regards the CCA, you're entilted to a copy of the credit agreement you signed when opening the account, if the creditor is unable to issue the agreement, this makes the a/c unenforceable in a court.

Send the following letter to obtain the agreement

Dear Sir/Madam

Re:− Account/Reference Number: XXXXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

PRINT ONLY - DON'T SIGN

misswoo_3

I have now received the paperwork from Swindon CC re the nationwide loan. Should I defend the claim or at admit it as I am confused?

Thanks.

10past6

misswoo

The 1st thing you need to do is acknowledge the claim.

Next, before doing anything, can you confirm, prior to receiving the court papers, did you receive a default notice and termination letter?

misswoo_3

They have sent me a default notice. I am not sure about the termination letter. Would that come with the default notice?

Can I acknowledge service and then decide whether to admit the claim or not? I am really confused. Thanks.

10past6

misswoo wrote: »

They have sent me a default notice. I am not sure about the termination letter. Would that come with the default notice?

No, termination letter is issued of you do not comply with the default notice.

misswoo wrote: »

Can I acknowledge service and then decide whether to admit the claim or not?

You must acknowledge service, don't worry about defence at this stage, just acknowledge service for now.

Can you post up the default notice or PM me so it can be viewed.

misswoo_3

Thank you. I will acknowledge service. I don't have a scanner so will be unable to post up the notice. I could type it in though?