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Help!!!! First ccj
Comments
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Just spoken to Payplan - they have advised me to fill out the forms and send them to Payplan to deal with by Rec Del post.
I said I will also include a signed revised SOA detailing that I am not working and all our commitments etc.
If I offer £1 and the court refuse this which I am sure they will - does that mean I have to increase my tokens to all my other creditors?
Hi
What we have seen a lot of recently is that OPs send their paperwork to their DMP provider, who makes an admission and an offer based on the SOA.
When (rather than if) the creditor refuses the offer, the CCJ is registered by default and the court officers decide on a huge payment. If you have a mortgage, whilst you try to get a redetermination sorted out to reduce the monthly payment the creditor goes for a forthwith order and an interim charging order. With a forthwith order in place the charging order is almost inevitablebecause if you had £7K to pay them as a lump sum, you would not be struggling to pay the monthly payment.
DMP providers cannot get involved in legal disputes, so if there is any possible query on this account, you have to dispute it yourself.
Is this account covered by the Consumer Credit Agreement? Do you have a copy of the one for this account?
Do you have the default and termination letters.
I suggest you hold sending tyhe paperwork to Payplan until we have at least looked at these.If you've have not made a mistake, you've made nothing0 -
I have the paperwork from shoosmiths saying that they will get court action as £1 no good as a payment they say.
I have all other paperwork sent from all creditors too.0 -
I dont have other paperwork and dont know about if its covered by CCA... Its a personal loan taken out in 2007 from ALliance & Leics0
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I dont have other paperwork and dont know about if its covered by CCA... Its a personal loan taken out in 2007 from ALliance & Leics
Then it must be covered by the Consumer Credit Act.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
what does this mean then - I dont understand?0
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I have the paperwork from shoosmiths saying that they will get court action as £1 no good as a payment they say.
That is as may be, Culater - No creditor or dca likes being offered £1 a month, but taking you to Court is NO GUARANTEE that they will get any more.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
I have the paperwork from shoosmiths saying that they will get court action as £1 no good as a payment they say.
I have all other paperwork sent from all creditors too.
If Shoosmiths don’t accept the payment then the court will look at the amount offered, so the final decision would be the courts NOT Shoosmiths.I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.
CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
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Then if the courts say pay £5 pcm then I would by determination of the court be showing preference to shoosmiths??0
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what does this mean then - I dont understand?
It means that the agreement must be compliant with the terms of the Consumer Credit Act, 1974 - otherwise it could be unenforceable:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details
If you request a copy of the agreement, from Shoosmiths, and they are unable to provide you with a true and compliant copy of the original executed agreement within 12 working days of receipt of your request (and £1 Statutory Fee) then they would be 'in default' of the Act and, whilst they remain in default would be unable to enforce the agreement.
You can, at the same time, demand to see the 'deed of assignment' which A&L should have given to Shoosmiths - this gives Shoosmiths the 'right' to pursue the agreement.
However, if A&L informed you that they were assigning the debt to Shoosmiths, this may be a bit pointless.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Then if the courts say pay £5 pcm then I would by determination of the court be showing preference to shoosmiths??
Culater, you can’t pay what you have not got, the courts do understand this. The point of a creditor going for a CCJ is so the court can look at the facts. You have no income so it’s very unlikely that they will ask you to pay what you have not got. Once the debt has gone to a CCJ, this is the only time a unsecured debt would become a priority because at that point it is the court that is asking you to pay, so with regards the other debts these are the bottom of the pecking order after your ccj and living costs.I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.
CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
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