CCJ Help

10past6

lolamosschops wrote: »

So if I understand you correctly, we need to log onto the site with the password and select dispute or deny

Correct

lolamosschops wrote: »

If we deny we need to send the letter template enclosed and await there reply

No, you need to send the template letter of to the creditor, (the template letter is not part of the court process at this stage, it's for your information only) as for disputing / denying the debt, on the website; you need to post an explanation for disputing / denying the debt

lolamosschops wrote: »

How will I know if what I receive from them helps my case or strengthens theirs?

Within the template letter, it states what documentation they MUST send you, part of that documentation should include your CCA & any default notices they’ve issued, which they MUST prior to commencing litigation, the onus is on them to prove the debt, not on you.

lolamosschops wrote: »

What happens to the court procedure in the meantime

Chances are judgement will be entered, you then apply either for a set aside or redetermination hearing, and the case is then transferred to your local court, where you’ll attend and present your defence.

lolamosschops wrote: »

and what if we are subsequently proven to owe them the debt?

The onus is on them to prove the debt, which can only be done by them presenting the required documents that comply under the CCA 1974

lolamosschops wrote: »

I suppose that is where the deny comes in, I would be admitting the debt but disputing the overall amount

No, if you're admitting the debt, but questioning the amount they claim you owe (due to the PPI issue), it becomes disputed, you can deny the debt on the basis they’ve not followed the required legislation i.e. non issue of a default notice

lolamosschops wrote: »

Sorry to keep picking you brains but I can assure you that you are being extremely helpful

You're welcome

lolamosschops_2

Do we send the SAR to the address on my statements of GMCARD -or to HFC bank who have taken over GM card or to the acting solicitors, Restons - I think it will be GM Card but I just want to be sure. Should I send it registered post or recorded delivery.

Thank you

10past6

lolamosschops wrote: »

Do we send the SAR to the address on my statements of GMCARD -or to HFC bank who have taken over GM card or to the acting solicitors, Restons - I think it will be GM Card but I just want to be sure. Should I send it registered post or recorded delivery.

Thank you

Send it to whoever you’ve been paying the debt to, send a copy of your SAR to Restons, if possible, try not to use recorded delivery, recorded delivery is difficult to trace when bulk mail is received by large organisations.

lolamosschops_2

Right acknowledgement done and SAR sent - I shall await the response (if any).

Have to say this is all very scary for me - I've never had a parking ticket! Do I just wait for the response from the court now (I presume that will be a date).

What if everything they send is in perfect order, will I be in more trouble for wasting their time? :eek:

RAS

No

You have every right to the information you requested at any time, by law.

What we will need to see is the Consumer Credit Agreement and the default and termination letters in particular.

other matters that may be of interest are any sort of insurance added to the account and any charges made for late apyemtns etc.

10past6

lolamosschops wrote: »

Have to say this is all very scary for me

Try not to feel intimidate by the process, as you've breached the agreement, they have a legal right to secure the debt, you, on the other hand also have a legal right to ensure they've complied with the required legislation.

lolamosschops wrote: »

Do I just wait for the response from the court now (I presume that will be a date)

Correct

lolamosschops wrote: »

What if everything they send is in perfect order

The debt becomes enforceable, it's up to the court to find a solution

lolamosschops wrote: »

will I be in more trouble for wasting their time? :eek:

:rotfl: :rotfl:depending on the documentation they return following your SAR they may regret initiating any action

lolamosschops_2

So I have now received a judgement against me, I have had an acknowledgement of SAR so I shall apply to have the judgement set aside and await the SAR which I will then attempt to upload as much as possible for you good people to pick over and let me know what I should be looking out for (after removing any personal data, of course). One more thing, the courts have said there may be a set aside fee, is this a set amount or does it vary?

lolamosschops_2

Is there a set form we need to fill out in order to apply to have the CCJ set aside? Any help gratefully received

10past6

lolamosschops wrote: »

So I have now received a judgement against me

It's formality, don't be surprised

lolamosschops wrote: »

Is there a set form we need to fill out in order to apply to have the CCJ set aside?

Use this form here there is a fee of £75.00 to pay, should you win your case, you can ask the Judge to reimburse your costs, cross that bridge closer to the time.

lolamosschops_2

Ok so the SAR has arrived - its huge - I mean huge! - but I have looked at each piece of paper and there is no agreement signed or otherwise, there is no default letter. There are default sum notices which I believe is the new terminology for late payment charges. There are a number of computer screen printouts which just detail my conversations with them and there are a number of statements - so just exactly should I be looking for and whats the next step. Oh I have also received the court paper to apply to set aside - they seem fairly clear but I wondered if there was anything specific I should be stating now that I have received my SAR?
In addition you cannot believe how much better I feel having the support from the people on this site. In my very darkest moments I though all hope was lost but at least having had advice and support from people on here has given me the will to at the very least stand up and fight my corner. So a BIG thanks to all