On a DMP have got a CCJ -oh no!!!

CASR25

Hi, I havn't posted on here for a while. But this forum really helped us reach our light bulb moment! So I'm hoping you can help again.

We started a DMP with CCCS in Oct last year. So relieved and happy to be sorting out our huge debts. All of our creditiors were fine with the plan and most stopped interest, although some did pass it onto a debt collection agency to deal with.

In April we had a review - we reduced our payment plan slightly. The CCCS said that they would contact all our creditiors and tell them of our revised payment plan.

However, we began to get letters from our creditors saying the payments they'd agreed had been reduced without notice. My husband contacted the CCCS and they told us that they had not sent out any revised payment plan and were very, very sorry.

However, one creditor, MBNA who had previously been fine, passed it on to a debt collection agency. I stupidly didn't read the letter properly and thought it was just another agency acting on behalf of MBNA. However, we have now been served a County Court Judgement letter - in which there is a response pack. As soon as I got in from work today I tried calling the CCCS and the debt collection agency to explain but they're both closed!!!

Please help, what do you think will happen??? It's the first major thing we've had and it's partly our fault. What will they say??? Is this actually a CCJ or is it just the start - I don't understand:embarasse

Also, next year - we are out of our 5yr fixed rate mortgage with Nationwide (who we don't owe any money too) - what will happen - will it be much much harder to remortgage with a CCJ???

Very worried!

RAS

Hi

What have you got; court papers or paper telling you a CCJ has been granted?

CASR25

It's a blue, 4page document. With Claim Form on the front. I have choices - to admit and pay all, admit part, dispute & counter claim or dispute and prepare my case. It tells me the amount claimed, which is less than £5k, adn the court fee and solicitor's costs. There's a response pack where I can fill in my outgoings and expenditure too.

So not sure what it is exactly, sorry - but hope my desripion helps.

NorthernLas

OK it sounds like they are papers the you fill in before you go to court (i.e. the start of a CCJ). You have 14 days to decide what to do, so there are a number of things to check first.

1. In your letters from MNBA, do you have a default notice ... something that says you haven't paid and the company want you to pay everything by a date.
2. You may also have a termination notice.

See if you can find these letters so that people on here can advise if they are OK. To take you to court, the MNBA have to follow a set procedure. If they don't, then you can defend the CCJ and stop them gaining judgement.

3. Also their credit agreement has to be enforceable. When was the card taken out and have you ever requested a CCA?

4. Is the letter from Northampton?

CASR25

Thanks for adding the post, I'll try and clarrify...
On the 7th May I got a letter saying they understood we 'were in financial difficulties and that you are unable to sustain regular payments that are sufficent to amintain a formal reduced payment paln. In recognition of the situation we are currently suppressing the fees and interest on your account.'
The letter also says that they'll have to send a default notice - which we recieved on 4th June - so yes we have that. Then on 1st July got a letter from Optima Legal and it does say we had to contact them in 14days, which we didn't as I genuinely thought it was just a letter to say they were now dealing - like others we've had - oh poo!
The ccj letter is from Northhampton.
What's a CCA????
Actually, at closer inspection we are paying a lot less to MBNA than other creditors to whom we owe the same amount -I'm think we and cccs have overlooked this???????????????? (We had our lightbulb moment a few days before ds was born - think it was what triggered him! Also have a two year old and went back to work in March - it's been a mad 10 months, in which we really should have kept a closer eye on things!!!)

Thanks in advance for help - hope to get to sleep without worrying too much about this!