CCJ Help

10past6

lolamosschops wrote: »

Ok so the SAR has arrived - its huge - I mean huge! -

If they complied "fully" with your request, then they usually are huge :rotfl:

lolamosschops wrote: »

there is no agreement signed or otherwise, there is no default letter

No agreement, no DN, what evidence do they have you have an agreement with them? :eek:

lolamosschops wrote: »

There are default sum notices which I believe is the new terminology for late payment charges

Correct.

lolamosschops wrote: »

whats the next step.

You are legally entitled to deny the claim on the basis no contract exists between the parties!

The onus is on them to prove otherwise!

lolamosschops_2

487 pages of very interesting reading - Like i said no credit card application at all a blank copy of the T&C's slipped in there and absolutely no default letter. They do however, have a note of a phone call where I cancelled the PPI insurance after I queried why it was on there in the first place on the 11/10/99. It actually states policy cancelled - interestingly they have continued to charge me this PPI from then until now to the tune of £2395.00 - I am so angry that I have let this get so out of hand. Also at one point they have stated that my income was 30K a year ?!?!. This is a complete lie and not one that I have told either. I have always been brutally honest in things like this and again I am angry that they have done this too. Best of all is the part where they have not included any of the conversations I have had with them stating that we were struggling financially and that we would like to reduce payments - all they did at this point was reduce my credit limit so that we were over limit so they could charge me again 1 for late payment and again for over limit charges. I'm sorry, I'm rambling incoherently now lol.

To the point - I need to fill in the set aside papers, and I am wondering, should I go for the fact that they are unable to provide me with a valid credit card agreement and/or default letter or should I include the matter of the PPI - what makes me wonder is if I am saying that they cannot prove that an agreement exists between us does the PPI prove that it does?. The set aside fee is £75.00 so I want to make sure I get it right and not waste the opportunity to fight my corner.

One thing is for sure going through each and every transaction made on a credit card is enough to make you realise how much of a con they are - my lesson is learnt - never again will I see credit as a good thing - it is a millstone around your neck and I never want to see another credit card as long as i live.

10past6

lolamosschops wrote: »

I need to fill in the set aside papers

Ignore the set aside for now, the onus is and always has been on THEM to prove the debt, concentrate on reclaiming back the PPI, start here with your PPI claim.

lolamosschops_2

Ok - im really confused now - the ccj has been awarded and I am pretty sure they are going to want payment pretty soon - if I dont apply to set aside - what will happen next - sorry to sound like such a dunce but I really am green in these areas.

10past6

lolamosschops wrote: »

the ccj has been awarded

It's only "recently" been awarded, yes?

lolamosschops_2

Yes thats right - in the last 7 days

10past6

lolamosschops wrote: »

Yes thats right - in the last 7 days

You don't need to apply for it to be set aside, as you've chosen to defend the claim, it'll be transferred to your local CC, when you have a date for a hearing, it's at that hearing the claimant will have to prove the claim or it'll be dismissed

lolamosschops_2

I think I may of messed up here:( When we acknowledged the claim and I stated that I wanted to defend - I applied for the SAR - what I did not do was file a defence because I was waiting for the SAR in order to do this. On a previous reply you said that they would probably award the CCJ and then I would have to apply for a set aside or redetermination. So even though I have not filed a defence as yet only stated that I wished to defend the whole claim will this be an issue. I really feel swamped by this and do appreciate your help.:o

10past6

lolamosschops wrote: »

When we acknowledged the claim and I stated that I wanted to defend

You need to file a brief defence within 28 days of the claim being issued

lolamosschops wrote: »

they would probably award the CCJ

If a claim is defend a CCJ is usually awarded by default until resolved.

lolamosschops wrote: »

or redetermination

Redetermination "If" you agree with the debt but cannot meet the payments stated by the court

lolamosschops wrote: »

So even though I have not filed a defence as yet only stated that I wished to defend the whole claim

You stated you wish to defend the claim, then the case will be transferred to your local CC where you'll be given the chance to defend the claim.

Bushbaby

Hi Guys

First post ever so please be gentle.

Have a CCJ awarded against me, had some debts which i entered into a debt management agreement plan with. The company who ran this plan apparently did not set up an agreement with this creditor even though they were advised of them. This resulted in the creditor filing for a CCJ. When i got the CCJ paperwork i rang the DMP company and they said give them the court paperwork and they will fill it in with all the correct details and a CCJ would not be awarded. This i was happy about as a CCJ could affect my current employment. Anyway long story short a CCJ was awarded. I have filled in the form to "set judgment aside" and can prove that i have maintained monthly payments to my DMP company but where do i stand? do i have any "best defence"?

Thanks for ANY replies

A very concerned Bushbaby