CCJ transferred to High court - Please help

spacecommander

GeorgeUK wrote: »

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.

Thanks for your reply george.
A default was registered by Barclaycard on my credit file in 2006.

I'm going to ring the court in a minute to see if there have been any more hearings since 2007 (I didn't know about the others after the initial judgement).

I don't dispute the debt (although I don't know how much was owing originally), I know I owe the money, but it's just paying it back at a rate I can afford. Would it be beneficial to do a SAR, or would it just be dragging it out further?

Obviously when things have settled down I will be requesting a refund of charges and ppi on the credit card as these will amount to several thousand I would think. Debt is currently just short of £7000.

GeorgeUK

I think you may be better doing the SAR now if there are charges and PPI to claim back - this will enable you to calculate how much. You may be able to have the CCJ set aside due to the claimed balance being incorrect (due to the charges) and then the CCJ may only be for the amount owed without charges. You should then also be able to get the repayments set to an affordable rate.

dancingfairy

I would Phone National Debtline and see if they can help more. Or try you local CAB? or maybe you can get a free half hour at a solicitors?
I would think you need to find out what stage this has got to - ie whether it was transferred to the high court, what then happened etc ,etc.
You could also try asking the court officers for advice ie how do I appeal this decision etc,.
Sorry I can't help more.
df

spacecommander

Thank you both for your help.

I think an SAR is going to be the way forward, at least then I know where I stand, they really piled the charges on at £30 a time, so I know that will really add up.

Going to ring the court in a min when the little ones go for a snooze - hopefully I'll know more then.

George, your help has been really appreciated, thank you for all your advice.