CCJ Help

lolamosschops_2

Oh god, where do I start:( My OH was involved in a business where he was a director (in name only) it turns out and promised shares dividends etc were never paid. Anyway in a nutshell he has been using his credit cards to live on and fabricate a lifestyle we didn't have and now the chickens have come home to roost. For the last 12 months he has been in a DMP and all of his creditors have accepted his payments and we have been making regular payments. In October last year my OH lost his income and is trying to build a business for himself, we are nearly (but not quite) making a go of it. I added one of my credit cards to the DMP in october and like I say we have been making the payments. About a month ago I had a phone call from someone, stating my name and asking for my date of birth and additional details, when I politely refused to hand over my personal details to an unknown perso the caller became quite aggressive and said he was from restons solicitors, they had sent me a letter, which I hadnt (and still havent received) and I needed to talk to them. I replied that the fact were that he could be any one and I was not prepared to hand over personal information to a random caller, he did actually get quite aggressive and kept labouring the point but I stuck to my guns. Anyway this morning a Pre CJ 1 dropped on the mat and I am being taken for a CCJ. The DMP people have told me to sign it and send it to them and they will deal with it but I am terrified. Terrified they will take my home - I dont know ............... I can't see a way out of this whole mess and I need some advice I want to pay my debt and we are living as frugally as I can - i just feel so let down with the whole thing.
I earn 1250 a month, the mortgage is 650 and council tax is 170 a month gas electric and water adds another 150 so it doesnt leave a lot for anything else my OH is currently bringing in about 500 a month after expenses. I don't want to leave him, I love him but I cant see future for us in all this debt. Please help

DarkConvict

The DMP people, who are they. Please say its a free DMP provider like CCCS/National Debtline/PayPlan/CAB/CAP.
Other DMP providers have been known to say we will deal with all paperwork, defaults, CCJs etc. What they end up doing is letting them take you to the cleaners and you pay them the privilege for doing it.

The CCJ is something you need to deal with, you need to attend the court and put your case forward that your on a DMP and paying all you can afford. A CCJ should only be made for what you can afford but you need to provide this as proof to the court and attend the hearing.
10past6 can probably help more will the court paper.

If you have no assets between you it maybe a good idea to talk to CCCS or National Debtline, about a DRO or even bankcrupty depending on the level of debt and how long it would take to repay it.

lolamosschops_2

A DRO or bancruptcy is not an option for us because we do have equity in our home.

I think I need to face facts that I have to loose the lot in order to feel free. We would have to sell low in the current market but i suppose its a way out. I just wish they would allow us the time to pay but I can't keep hiding or feeling like this - Im so ashamed

DarkConvict

I know IVAs protect an asset, but it only works for a few people, CCCS might be able to advise.

10past6

Take a deep breath, this IS manageable

lolamosschops wrote: »

The DMP people have told me to sign it and send it to them and they will deal with it

Your DMP organisation WILL get you to sign the court papers, by doing this, you’ll be admitting the debt, once the debt is admitted, it’ll be extremely difficult to dispute the debt at a later stage.

There is a time scale for you to comply with the court papers, within this time-scale, you’re given time to admit / dispute / deny the debt, before you get to the stage of dealing with the court papers, we need some information.

There is a legal process placed on the creditor prior to issuing court papers, we need to know whether the claimant has complied with that process, we’ll deal with that at a later.

One word of warning, your DMP organisation will NOT inform you of your rights re challenging the claimants responsibility prior to issuing litigation, be careful how you tread.

Some questions we need answering before we know what action you need to take:

Is this a CC debt?

How old is the debt?

What does it state on the POC “Points of claim?”

How long have you been making reduced payments?

Is this the first acknowledgment you’ve received re this debt?

Where has the claim been issued from? (Which court, was it issued from Northampton Bulk Centre?)

It’s your choice how you deal with this claim; you can sign and admit the claim, and allow the court to deal with a solution, or, should you decide to challenge the claimant has complied with legislation you have that right.

lolamosschops_2

Some questions we need answering before we know what action you need to take:

Is this a CC debt? Yes it is (GM Card, HFC Bank)

How old is the debt? The card is 16 years old and the last purchase was in November 2008

What does it state on the POC “Points of claim?”

Particulars of claim

The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about the 17/2/1994 in the sum of 10426.67 inc. of the interest to the date of this summons at 19.8% per annum from the 29/01/10 to the 18/2/10

Then it describes particulars of payment amount and interest before summing up with "Together with:-interest pursuant to contract at the rate of 559.53 pence per day to the date of judgement or sooner payment.

How long have you been making reduced payments? Since October/November 2009 and we have not missed one

Is this the first acknowledgment you’ve received re this debt? apart from normal statements and the telephone conversation described above we have not received any contact

Where has the claim been issued from? (Which court, was it issued from Northampton Bulk Centre?) Yes County Court Bulk Centre, Northampton

I really appreciate any advice, it seems to me that they have added almost a quarter to the debt since we had to reduce the payments and at no pint has anyone discussed any other options with me, when I tried to call them to discuss the situation I was told that I needed to pay more than I was offering and there was nothing they could do to help.

10past6

lolamosschops wrote: »

How old is the debt? The card is 16 years .

:eek:

lolamosschops wrote: »

Where has the claim been issued from? (Which court, was it issued from Northampton Bulk Centre?) Yes County Court Bulk Centre, Northampton.

OK, within the court correspondence you’ll have received a login & password, use those to login on the website and acknowledge the claim, you must acknowledge the claim, failure to do so will result in a CCJ being awarded.

Once you’ve acknowledged the claim you’ll have a further 28 days to file a defence, this is where you need to decide what your defence is based on.

To assist, have you received a default notice / termination letter?

*I don’t always monitor the forums, if you reply and don’t receive adequate assistance, PM me to draw my attention to your thread*

lolamosschops wrote: »

I tried to call them to discuss the situation I was told that I needed to pay more than I was offering and there was nothing they could do to help.

This is now a litigation case; do not deal with anyone on the phone no matter how tempting it may be.

DarkConvict

I would just like to point out to lolamosschops, 10past6 knows about court related issues, he will give you good advice!

lolamosschops_2

(To assist, have you received a default notice / termination letter?)

No - we have received default sum notices, on statements which I believe is the new terminology for late payment charges. Interestingly, my credit limit was 11300.00 until october when they reduced it to 9300.00 which meant I was over my credit limit and they could apply more charges. Also we have realised that because we paid them by DD we were not aware that we had payment protection insurance, now I never asked for this and I believe this has been applied for some time. Is there a chance I can have these refunded, even though they are planning to apply a ccj against me - the payments have been in the region of 40 - 80 pounds for months, perhaps even years.

As I say, I took the card out many many years ago and although payments may have been late on one or two occasions I have never failed to make the payments. In fact the CC is still in my maiden name although the bills are sent to me in my married name.

I really appreciate your help, I think at first I was just going to send it to the debt management company to deal with, but you are right they aren't looking out for me as well as I can.

10past6

Have you “acknowledged” the claim using the login details provided?

lolamosschops wrote: »

No - we have received default sum notices.

This gives you grounds to either dispute the debt or deny it, if you dispute the debt, technically, your admitting a debt exists, but are disputing the amount, if you deny the debt, it's for the claimant to prove a contract exists between both parties, that could be in the form of the original CCA.

I suggest you send the following SAR template letter of to them, addressing it FAO: "Data Controller" they have 40 days to comply:

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable.

lolamosschops wrote: »

we were not aware that we had payment protection insurance, now I never asked for this

Again, if PPI has been added to the loan “maliciously” that's grounds for you to dispute the debt i.e. the amount they claim you owe.

lolamosschops wrote: »

I really appreciate your help

You're welcome

lolamosschops_2

So if I understand you correctly, we need to log onto the site with the password and select dispute or deny. If we deny we need to send the letter template enclosed and await there reply. How will I know if what I receive from them helps my case or strengthens theirs?

What happens to the court procedure in the meantime and what if we are subsequently proven to owe them the debt?

I understand the PPI is a separate issue and we will need to pursue that separately - I suppose that is where the deny comes in, I would be admitting the debt but disputing the overall amount.

Sorry to keep picking you brains but I can assure you that you are being extremely helpful. When I originally posted, I thought we had no options but now I realise that we do.