CCJ transferred to High court - Please help

spacecommander

Thank you george.

I'm just going to dig out the forms, but I'm convinced it said to send direct to the creditor, and specifically not to the court.

I was going to admit the claim, I do owe the money, but simply did not have the means to pay back at the rate they wanted - and ironically I have even less now.

How do I go about a redetermination hearing? I have no idea what I'm doing here - so sorry for all the stupid questions, I do really appreciate your help.

As for the interest - I have no idea, I'm hoping to find out from the judgement notice when I dig it out now.

GeorgeUK

Unfortunately this is the stuff i don't really know about. I think if there were charges made on the original debt that you may be able to have it set aside if you dispute that these charges should have been added (£35 for sending a letter etc) and after the new hearing you can request that payments be of an affordable level.

spacecommander

Thank you for all your help george, it's nice to have an unbiased opinion.

Someone on the CAG forum suggested a CCA request to the dca, and an SAR to the original creditor - would this be useful do you think?

Sorry for more questions....

dougyd

I think that sounds sensible as you'll then know exactly what all the costs are and what they should add up to, it also means you can identify what % of costs you can try and eliminate (late payment charges/extortionate admin charges etc...)

GeorgeUK

I would have thought that this may have been useful before a CCJ was awarded - not sure about afterwards.

I suppose it may be useful if you can get the CCJ set aside, but i'm really not sure i'm afraid. Did you ever receive a default notice for this debt?

spacecommander

Dougy - thanks for your reply, it does make sense to see what's been added on, would be interesting to find out as I know I am owed my charges back and ppi too (which is a fortune).

george - A default notice may have been sent out to me. Admittedly, and I'm ashamed to say so, I went off the rails in 2005 - our daughter was stillborn in the September, and I suffered terribly with post natal depression. Needless to say this contributed to our debt issues now as any paperwork/filing/household responsibilities (well, generally anything) went to pot for a long time.
I was wondering whether the cca would be appropriate since judgement had already been entered. Is it worth asking for it anyway? The credit card was originally taken out in 1999.

kaya

i think a high court enforcement officer is a posh word for a bailiff, if the debt is in your name sign everything over into your husbands name and they will go away(it realy is that simple), you need to write out a declaration of ownership and get it witnessed by a solicitor(cost you a fiver), check out bailiffadviceonline website, they have a downloads section with a template letter on, i used one and sent marstons packing recently over a £20,000 debt

thefoolonthehill

if a bailif does turn up dont let him in your house, dont even open the door to them. they have no right to take your goods if you dont let them in the house

spacecommander

Kaya thanks for your reply - I'll have a look on herbies website. I have had dealings with council tax bailiffs previously, but coming out the other side now and very nearly paid off. I think when it says High Court, you automatically panic, but National Debtline have catagorically stated it should never have gone that far. Reassuring, but it doesn't get rid of that sick feeling of dread in your stomach everytime someone comes down the street that I don't know.
I feel much more confident when hubby is here - I'm a wreck on my own!

Foolonthehill - thank you for taking the time to reply. I'm hoping that the 2007 warrant will no longer be valid - but windows and doors are currently locked up.

Thanks again. (still feel sick though)

GeorgeUK

You may be able to see if a default was put on your credit file by looking at it on experian or equifax - cancel within 30 days for the free trial.

If you were to send a SAR to the original creditor you should be able to see the original CCA (as long as this wasn't for an overdraft) and a copy of any default notice that was issued as well as all transactions. There would need to have been a default issued before they could take you to court but this is sometimes overlooked (If it was a DCA that put the default on your file, the original creditor won't have a copy of this). I'm not sure if the lack of one is sufficient to get the CCJ set aside though. I have hear on the CAG board of CCJ's being set aside when the value was disputed due to charges and PPI though.

Sorry to hear of your loss.