CCJ Help

DarkConvict

BushBaby i advise you start a new topic, rather than use one that is already in progress on another issue.
http://forums.moneysavingexpert.com/forumdisplay.html?f=76 ->

I assume you pay for your DMP company, instead of using the ones we recommened - http://forums.moneysavingexpert.com/showthread.html?t=2077631 (if you do, switch to a free charity DMP they work in your interest not there own). I guessed this because they said a CCJ will not be awarded, this is a complete lie! If you owe money and can't pay a CCJ will be awarded nearly all the time, especially as no contact was made with them. You won't be able to set aside as you had the court paperwork so no excuse for no filing a defence.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

I DID NOT GET THE COURT PAPERS
If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved). If you have given your creditors your new address then they should contact you there.

If they still send the papers to your old address then you may have good reason for the judgment to be set aside.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

you can prove you gave the creditor your new address;
the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
the post office returned the claim papers as they were not able to deliver them.

For reference even the free DMP providers will not help with CCJs, atleast they do not lie and take the paperwork and do nothing, they will just tell you to admit the debt, which you should not do. You should always defend your side. http://forums.moneysavingexpert.com/showthread.html?t=2045387&highlight=

lolamosschops_2

Right - my ticking brain has thought of one or two more questions in preparation for the court date. Should I now apply for a CCA because they did not sent any form of agreement with the SAR, nor did they send a default notice, in fact I have had no default at all and they are still accepting payments from my DMP at 45 quid a month - should I stop these payments now that I am disputing this debt?:)

lolamosschops_2

Hi Bushbaby, Not that I have any objection to you posting on the thread I opened, Dark Convict is right, you will get a load more help if you start up you own thread, this was my first and it was really easy. The people on here are so helpful and not at all judgemental.
I hope you get the answers you need, best wishes
Lolamosschops

justanrach

hi,
you are not alone, we have Reston's collecting a debt (mbna) from us, and yes, they DO use aggressive tactics... but the guys on here will help...
believe me, they know their stuff !!

it's hard, i won't lie... but dig deep, don't let all the paperwork scare you !!

fight the power ...

10past6

lolamosschops wrote: »

Should I now apply for a CCA because they did not sent any form of agreement with the SAR

No, it should have been within your SAR request.

lolamosschops wrote: »

nor did they send a default notice, in fact I have had no default at all

That'll form part of your defence.

lolamosschops wrote: »

should I stop these payments now that I am disputing this debt?:)

It's your choice, they know your unde NO obligation to pay if they're in default.

lolamosschops_2

Another Question!

I'm on a roll tonight:rotfl:

This PPI insurance that is on my credit card account - I rang and asked what it was on my account in November 1999 and they have confirmed via my SAR that this would be cancelled. It was not cancelled it has continued to run from 1999 to now and amounts to £2500. I have read the FOS questionnaire and they seem to need the details of when I took out the insurance and who with - I have absolutely no idea - I didn't agree to the insurance and at the time it was "taken out" I was self emplyed as a childminder earning 50 quid a week! so it was no use to me - sorry rant over GRRRRR:eek:
My question is how should I approach this and are there any suitable templates I should use.

Thanks in advance for any assistance whatever:T

lolamosschops_2

Thanks for the support Justanranch :beer:. Sometimes amongst all this it's nice to know that you are not alone. Restons were being particularly aggressive with me because I refused to hand out personal details because they had rung and asked for them, their nice young employee pointed out that I would be sorry if I did not acknowledge their request for personal data and it looks like the little fella had a point. within a fortnight I had a Pre CCJ 1. I wonder how he sleeps at night:D. I suppose the comment going forward should be "how do you eat an elephant? - one bite at a time"

10past6

lolamosschops wrote: »

My question is how should I approach this and are there any suitable templates I should use

You need to follow this advice on this forum, you can only raise a complaint with the FOS once you've received a "Final" response from the creditor

maz1964

hiya all

just come to this thread from niddy's thread and ive learnt so much thank you all

wishing everyone the best of luck with all our battles

take care maz:)

mojoparrot

Hi everyone
I too have come from NIDs thread after receiving N1 claim form from Northampton. The debt is a store card froM Creation that I took in 1998. struggled to pay in the last 2 years but really went belly up in 2009. Drydens solicitors are the DCA who have filed the claim. I have also never had any legal experience always been a good girl so was mortified to find the form in the post this morning!
I can see now that although its not going to be pretty there is a chance to defend and I am so thankful for all the kind people on this site who take time out from their lives, jobs and relationships to help people like me. It really blows my mind to see that people will offer help without a need for reward and really restores your faith in human nature.
Anyway thanks again and good luck to all who are going through the same thing!!
Mojo:D