Oh god what a mess! CCJ

LauraLou1982

OK, I have recently recieved paperwork for a CCJ for a £1400 credit card. I have totally mucked up - AGAIN. I have filed a defence and asked the DCA fopr the relevant paperwork. Having worked out the dates wrongly first of all, I thought I still had another week and a half - now I realise I only have till Thursday to file a defence.

I have now asked the CCCS person on here, who has said its unlikely the DCA would do a CCJ if they didnt have the proper paperwork.

I dont know what to do now. Is it too late to put forward an offer of payment now I have said I am going to defend the claim? I dont know whether to try and find the funds somehow to cover it and pay it all off. I really dont want a CCJ and the deadline is all of a sudden 48 hours away.

I dont know what to do for the best and am totally stuck, and near to tears. Can someone please help me.

RAS

What documents do you have regarding this acount?

Original Consumer Credit Agreement?
Default letter?

How did you ask for the relevent paperworK? SAR? CCA request before or after the court papers were sent?

LauraLou1982

No I dont have any paperworkl because it was opened so long ago and I stupidly didnt keep any of it. I have had defualt letters though, I know that.

RAS

OK

Starter for 10

When did you ytake this account out?

When did you last make a payment towards the debt?

Does this mean that you can find the default letters that you were sent? When you get home? Any chance of that?

LauraLou1982

I took this account out a fair few years ago. I cant remember exactly, but I know it was definatly before 2005.

I last made a payment probably a year ago.

To be honest I probably wont be able to find any of the default letters, in my burying my head in the sand thing I have been not keeping letters.

God it sounds bad when I write it down.

LauraLou1982

Is it possible if I contacted Fredericksons they might withdraw the court papers and do this outside of court or is it too late now? I am just thinking of anything I can do to not get a CCJ now!

RAS

Laura

Even if the CCJ is granted, as long as you pay within a month, it does not go on your credit record.

LauraLou1982

Thanks for your replies, I am very grateful...within a month of when? Because its 28 days from the date of service tomorrow...

NorthernLas

Laura - if a CCJ is awarded and you pay within 28 days of the award. It is not recorded on your credit file.

NorthernLas

Laura -

Summary of the situation: Egg card taken out before 2005, last payment 2009, passed to Fredrickson International, amount being claimed £1400
Subject Access Req sent to Fredricksons (when?), so far nothing received (it is not known that CCA, default notice or termination are valid, nor whether there is proof that Fredricksons own the debt)
Acknowledgement of service done, Defence must be submitted by tomorrow

Your defence rests on Fredricksons proving that they have valid contracts, have issued a correct default notice and that they own the debt

The court decides if you owe the money, it will not find you guilty or innocent

Your options
1. Do absolutely nothing - the result a CCJ will be awarded by Northampton - you either pay the full amount and it doesn't get recorded on your file, pay the monthly figure set by the court or re-apply and ask for a set figure per month
2. Do nothing - get the CCJ and then apply for it to be set-aside (i.e. disregarded). This puts the claim back so you can put in a defence (costs £75)
3. Submit a defence and ask for transfer to a local court, ask that you can amend the defence when documents arrive. Transfer to court may take time, in which you should have received your documents. If the documents are all in order, then in the time you are waiting you can save up some of the money so that you can pay off within 28 days of the judgement.
4. I don't know if phoning up and agreeing to pay will stop the hearing going ahead (this is what you asked on another thread)

What you do depends is up to you

For an example defence see : http://www.consumeractiongroup.co.uk/forum/general-debt-issues/89660-help-old-debtor-ccj-3.html#post933044
Obviously, your defence would need to be tailored to your situation.

For info on CCJ see: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

Others may be able to provide more advice