CCJ Advice Needed Please

LaNcEr44k

Hi Everyone,

Just thought I would ask you guys a quick question. I have been reading these forums for over three months now, and I am finally dealing with my debts. I am currently looking at doing an IVA and I am in the process of filling out the rest of the paperwork with my IP - which I will have completed by the end of the weekend.

I have quite a big problem at the moment, and I'm quite concerned. One of my creditors have decided to go down the CCJ route and issue a claim through the courts for the amount owed.

The total amount they are claiming is £763.00. For some reason they sent the claim to my old address and I have just recieved it today (the people that live at my old address have just got back off holiday, so I only got the letter today).

Essentially, as I am trying to pull together everything at the moment, I am thinking of offering an amount per month until the IVA gets sorted. My only concern is the amount of time I have to respond.

The summons was issued on 14th May. After reading through it I understand that I have five days after this date for the day of service (Tuesday 19th May), and then 14 days to respond (Tuesday 2nd June).

Will I have time to respond to the claimant if I post these on Monday by Special Delivery 9:00am. I really don't want to have a default judgement entered against me, is there anything I can do?

Your help will be appreciated guys.

Thanks

LaNcEr44k

Can anyone help me on this one at all? Have I calculated the dates correctly?

Thanks

debtdestroyer007

the dates seem fine.... just so that u know once ur IVA gets approved it will take care of any judgements too as long as they are not final charges on the property.

also as bad as this sounds a judgement wont make any difference to ur credit as an IVA means u wont get credit over a certain amt till its completed.

just to complete the formality, i would send off the claim form to the claimant.

the only way to not have a judgement is to dispute the debt with the claimant....

10past6

Craig

You have 14 days from the date of issue to “Acknowledge” the claim, that means you must “Acknowledge” you've received the claim.

Where has this claim been issued from, a local county court or Northampton bulk centre?

Who is the claimant?

What is the claim for?

LaNcEr44k

Thanks for your reply debtdestroyer007. They are not final charges on the property as I live in rented accomodation. This is the very first stage of the process...

10past6 > Thanks for your help. With regards to the questions you have asked:


The claiment is DSG Retail (owner of PC World, Dixons etc). It is in relation to a credit agreement for a laptop I took out with them in September 2007. To cut a long story short, the credit agreement (with HFC) was never set up, and they are now chasing me for the money. Essentially, I have no credit agreement with them.

It has been issued by St. Albans County Court (The Court Building, Bricket Road, St. Albans, Herts, AL1 3JW). It is the standard CCJ form. They are claiming for the cost of the purchase (643.89) a court fee (55.00) and interest at 8pc per annum from 26th July 2007.

Regards

10past6

craig_bell wrote: »

To cut a long story short, the credit agreement (with HFC) was never set up, and they are now chasing me for the money. Essentially, I have no credit agreement with them.

How come?

Have you been paying this debt back since Sepetember 2007?

LaNcEr44k

I'm not sure, I recieved a letter from them late last year saying that the credit agreement had not been set-up at the time of purchase, and I must repay the debt back to them. Quite strange though, as I have a signed copy of the credit agreement with HFC. There has been no payment made in respect of this, I have around 5 accounts with HFC, so as far as I was aware, the money was coming out by direct debit, turns out it wasn't...

10past6

If there is NO agreement for the debt they allege you owe, then there can be NO court case, the agreement for THIS litigation will be based on the the breach they claim you've broke.

The agreement for THIS case will need to be provided in court to show what T&Cs you've breached.

*Is your screen name, your true identity*?

LaNcEr44k

10past6 wrote: »

If there is NO agreement for the debt they allege you owe, then there can be NO court case, the agreement for THIS litigation will be based on the the breach they claim you've broke.

The agreement for THIS case will need to be provided in court to show what T&Cs you've breached.

*Is your screen name, your true identity*?

Yes it is... whoops!

So are you saying that I should challenge it in court with a defence?

Thanks Again

10past6

If that's your true identity, you need to amend it, creditors & DCAs read these forums, contact admin and ask for a change name giving the reason..

If they have NO signed agreement from you, how can they claim you've breached the agreements T&Cs?

To be on the safe side, I suggest you issue a SAR request to HFC, use the template letter below, in the meantime, you MUST acknowledge the claim, you can acknowledge it, by denying the claim.

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

LaNcEr44k

Thanks 10past6

How do I contact admin to get my name changed.

With regards to this respect, it is DSG Retail that are bring the court action not HFC. I have requested a copy of the credit agreement from DSG, but have not receieved it (as in effect - there is NO credit agreement with DSG - as the credit agreement was with HFC - essentially DSG are only a credit broker)