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Please help me at a terrible loss!!
Comments
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:mad: :mad:I contacted CCCS who advised me to offer a token payment until things improved
You need to make the court aware Judgement was initially granted and at NO time have you been in breach of that agreement, you also need to make the court aware, showing favouritism to one creditor will be unfair to your remaining creditors who’ve accepted your DMP agreement.the judge increased the offer by £11 per month !. I have paid this regularly
Do you have any unclaimed excessive charges on this debt?
Any PPI
How old is the debt?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
You need to make the court aware Judgement was initially granted and at NO time have you been in breach of that agreement, you also need to make the court aware, showing favouritism to one creditor will be unfair to your remaining creditors who’ve accepted your DMP agreement.
Do you have any unclaimed excessive charges on this debt?
Any PPI
How old is the debt?
So good to hear from you...Thank you
The debt is about 5-6 years old. I have not got any claims on the debt but have excessive charges since I have been unable to pay the full payment.
I am sorry but a little confused. Do I write all this down and sent to the courts before the hearing date? Do I also send a copy to Incasso, do you think this letter is from the court?
I have never missed a payment since the ccj and have reciepts to show this, Likewise in the last 5-6 years up until my problems I have never missed a payment. Due to the Judge increasing the token offer they now receive more than any of our creditors at this time..
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I have not got any claims on the debt but have excessive charges
You need to give consideration whether to make a claim
See belowDo I write all this down and sent to the courts before the hearing date?
Do I also send a copy to Incasso
See below
do you think this letter is from the court?
Do the documents include a court reference number together with a court stamp on?
If you're answer is yes, then it'll be yes in reply to the 2 questions above.
Due to the Judge increasing the token offer they now receive more than any of our creditors at this time
When your offer was increased to £11, did you attend any hearing?
*Obtain an I&E from CCCS for the courts attention / your defence Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Thank you.. may I come back to you tomorrow to confirm my actions.
Jane0 -
Yes the letter has a court stamp and ref number so I am to assume it is from the court.
I have already have an I&E as I have registered with the CCCS. I did not attend the ccj hearing, stupidly didn't know I could or that I could send notes to be attached to the file.
3 of the other creditors have accepted the token payment, which I have in writing. The debt in question receives £15 MORE a month than the other creditors and yet they are the ones taking me to court, I have never ever defaulted on the payment and have receipts. Would you advise me to write this to both to the court, and ask it is attached to the file, and the debt collector asap? I guess I am terrified they will take my home, as someone on here asked what equitity we had in the property. I do jointly own the house with my husband but the debt is mine so I feel terrible. If you have 5 mins to reply to this I would be very grateful Thank you Jane0 -
CorrectYes the letter has a court stamp and ref number so I am to assume it is from the court
Does the I&E have CCCS logo on it, it'll be useful for the courts attention so they can see you're seeking assistance with your debts.I have already have an I&E as I have registered with the CCCS
Do you owe more to any one of your other 3 creditors?The debt in question receives £15 MORE a month than the other creditors and yet they are the ones taking me to court
Correct, send to the court, and a copy to the claimant, send via "recorded delivery"Would you advise me to write this to both to the court, and the debt collector asap?
Your home is NOT at risk re this court action, relax, you're a million miles away form anything like that, this current court action is NOT a secured debt, therefore, your home is NOT at riskI guess I am terrified they will take my home Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Many thanks, It is very reassuring to have you around, as I am sure you have been told before.
Yes thankfully the I&E does have a logo so I will ensure I print this off in colour so it is more eyecatching.
Yes I do owe more to the other creditors, this is the lowest debt of them all, I am interested to know why this maybe relevant?
When I write do you advise I enclose copies of the other creditors letters highlighting their acceptance of a token payment for the current time?
Thank you0 -
GoodYes thankfully the I&E does have a logo so I will ensure I print this off in colour so it is more eyecatching
Owing more to other creditors is going to be “your strongest” defence, you need to show the court those creditors have been extremely reasonable and understanding given your current financial position, this creditor has been totally unreasonable, creating additional unwarranted stress, you need to show the court this creditor had no reasonable grounds asking for a redetermination hearing, given the reasons above, other than being vindictive.Yes I do owe more to the other creditors, this is the lowest debt of them all, I am interested to know why this maybe relevant?
Only for the courts attention, NOT for the claimant, they should have an up to date I&E supplied to them via CCCS.When I write do you advise I enclose copies of the other creditors letters highlighting their acceptance of a token payment for the current time?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
I think if you turn up and follow 10past6's advice you might even find that the redetermination hearing falls in your favour and could in fact lower your monthly repayments to this creditor Make sure you go and present your case and evidence as suggested - I'm willing to bet that the creditor probably won't even show DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
Thank you so very much..........0
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