Help and advise please :(

m3ss

Hello all,

I am writing on behalf of my mum who has been paying back debt to several companies over the past 5 years as part of a Citizens Advice repayment plan. This was based on her income and what she could afford to repay. This has been fine for the past 5 years, no payments missed and payments sent on time.

However, recently INCASSO LLP on behalf of Tesco Loans wrote to her and said they wanted the full balance owed or agree to a repayment plan. She wrote back informing them she was already in a repayment plan and would see Citizens Advice.

Before she and Citizens Advice had any chance to respond they sent a county court judgement for the sum owing (£7000) and told by the court to pay £75 a month until the debt has been paid (£2 a month more) to INCASSO. My mum agreed to this judgement and asked for payment details so she could send her payments.

She has not received anything back from INCASSO...

This morning she received a 'Notice of Transfer of Proceedings' for the claim to undergo 'redetermination' at her local court. I'm not sure what this means for her, but she is very distressed by this as she has not missed a single repayment to any of her creditors since entering her repayment plans.

I feel this organisation has been deeply unfair on someone who can barely afford to live on what she earns, and who is clearly trying to pay her creditors off as quickly as possible!!!!

What should she do?

Thank you for any help

immoral_angeluk

a redeterination is basically them wanting to change the payment amount. Did she provide them with a financial statement for the original CCJ? Did she attend the hearing? Unfortunately payment plans do not totally prevent the creditors from taking further action as it's although a formal agreement t's not legally bibding and either party can pull out at anytime.

GeorgeUK

I would send a subject access request to the company so that your monther has a copy of all documentation and data they hold on her (SAR - cost £10).

She should receive back amongst the data her letter requesting the payment details (if it was sent by letter - if not she should also be asking for a transcription of all phone conversations). The judge should hopefully see that they have not responded to this request and your mother was unable to make payment because of this.

She should definately attend any court hearing so that the judge doesn't just rule in their favour automatically.

m3ss

Thanks for your responses.

She provided a financial statement with help from the Citizens Advice man. This was sent off with the paperwork agreeing that the money was still owed.

She not attend court but received a CCJ a week or so later ordering her to pay an extra £2 a month. Surely that should be the end of the matter??

immoral_angeluk wrote: »

a redeterination is basically them wanting to change the payment amount. Did she provide them with a financial statement for the original CCJ? Did she attend the hearing? Unfortunately payment plans do not totally prevent the creditors from taking further action as it's although a formal agreement t's not legally bibding and either party can pull out at anytime.

GeorgeUK

They got a CCJ that she was to pay £75 per month towards
As she has not complied to the judgement (as she has not made payment), they are seeking a redetermination whech probably means they will be asking for the full amount.

Did she write to them requesting instructions of where the payments were to be sent?

How long ago was the CCJ awarded and for how many months has she not paid?

m3ss

She has paid on time for the past 5 years - not a single missed payment! This is what is so ridiculous.