Payplan problem regarding CCJ

January_Embers

Hubby received forms regarding a CCJ to do with Lloyds bank. We have DMP with Payplan & Llloyds are getting a monthly payment. Payplan told us to forward everything to them & that their legal team would deal with everything, now today we have received a letter from the court saying that as we have not replied he has to pay the full amount (nearly £14,000) or they will take further action against us.
Payplan aren't being very helpful, telling us the person dealing with it is 'in a meeting'.
I am very upset and don;t know what to do.

Broken_hearted

Hugs try not to stress. You havn't got the £14,000 so can't pay I don't think a court will go against you as you are doing your best to pay.

keith_lard

I would phone the court direct, inform them of what is happening.
As long as you keep them informed, they will see that you are trying your best to get it sorted. Remember the court will only act as referee as long as you can show and prove you are willing to settle the debt.

January_Embers

The court has already decided against us, thats the problem. Payplan have just old us that they sent the court forms back to Lloyds after they completed them! No wonder the court never saw them. Give me strength!

keith_lard

Sounds like Paypplan have sent to Lloyds the 'the blue claim form' (which only ask's for your SOA!
In which it does not get sent to the courts by yourself.
The CCJ would have gone against you if you can not pay the full amount within 28 days!
So paying back what you can afford is reason for the CCJ to go against you.

Just pay back what you can afford.

k.

January_Embers

Thanks for your advice:)
We have phoned the court & they are going to send us some forms to explain to the court how much we can pay.
It appears Payplan sent ALL our forms to Lloyds. Now thanks to them we are £380.00 further in debt as this is the amount of court costs added on to what we already owe.:mad:

We could have sorted this out ourselves better but foolishly we trusted Payplan as they said they could deal with it all. I shalll never trust them again & intend to stop using them & deal with our creditors directly.

Xbigman

Payplan and CCCS are usually ok with CCJ's but they sometimes mess up. They also have a policy of letting them go through unchallenged. Now whilst its true that most CCJ's will go through anyway I feel very strongly that anyone with a property and unsecured debts should go along and state their case and fight the CCJ. If you are not there to put your side of the story your creditors can make all sorts of claims about how you failed o contact them, refused the creditors generous offers, etc. You have to go to court with all your paperwork and tell the judge how you have tried and failed to sort this out. Will you get anywhere? Probably not. But your house could be at risk so everyone get off your backside and fight for it.

In responce to the OP. Do you own a property? Is the 14k secured or unsecured? If they are trying for a CCJ it is probably unsecured, so the CCJ is the first step to getting a charging order. Go and see the CAB or get legal advice.
Regards



X

keith_lard

January_Embers wrote:

Thanks for your advice:)

We could have sorted this out ourselves better but foolishly we trusted Payplan as they said they could deal with it all. I shalll never trust them again & intend to stop using them & deal with our creditors directly.

I would sort any CCJ's that anyone gets yourself, If you cant pay it all back within 28 days (who the hell can??)
Fill out the Blue form send to who ever you owe money to (recorded delivery, keep the reciept) this way is the faster route in getting the ccj in order.
I am aware that CCCS and Payplan are taking on more staff to cope with very high demand at the moment, Debt matters are a company who have set up very close to where I live they deal in IVA's, they have just taking on 120 more poeple to cope with huge demand!

My point being the whole country seems to be in poor state (me included)
But if you do recieve a CCJ get advice on how to fill it out and send it off yourself!, Recorded!

K.

fatbelly

You have 14 days to ask for a redetermination by a district judge. You'll need to do this on a N244 but there is no fee.

Northampton County Court (in particular) seem to be ignoring the debtor's response and issuing fortthwith judgements (i.e. pay the whole lot in full now). The redetermination will take place at your local court and monthly instalments can be set.

If you are a homeowner it is quite possible that an interim charging order will follow swiftly but this is invalid if you are applying for redetermination within 14 days.