CCCS DMP & CCJ advice please

Faye449

Oh help, here we go again!

I have been on a DMP with CCCS since April and just as I was thinking how well everything was going I opened my post this morning to find a lovely CCJ claim form & response pack from Nationwide re my credit card debt of £3254.80.

I was going to ring CCCS on monday morning and ask for help but since I saw this:

https://forums.moneysavingexpert.com/discussion/2045387

I'm now a bit panicked and don't know what to do!

None of my credit card debtors are particularly happy receiving just £1 token payments until my council tax and utilities arrears are paid off but they have all swallowed it (so far!) and issued me with defaults except Nationwide. Who seem to send me default notices on a regular basis! Incidentally I have my mortgage woth Nationwide and its all up to date so I don't know if that has anything to do with it but what should I do?! I have sent them my budget and token payments religiously and they stopped calling me a couple of months ago so I wasn't expecting this and have no idea what on earth to do with it!

If anyone can can help I would be eternally grateful!

Marisco

Hi Faye, first thing to do is.......stop panicking!!;) CCJ's are not the end of the world! Your credit is shot anyway with defaults, and in my experience the courts are much more understanding of peoples' problems than DCA's! You are obviously making an effort to pay what you can and this will be taken into account. The court will not make you pay what you can't afford and priority bills have to be paid first. When my oh got CCJ's, I wrote to the court enclosing a SOA, the court could see that we were in no position to pay more and set the CCJ at a £1 pm!! You can of course increase the payments at anytime, if in a position to do so. The only thing I will say, don't miss payments, unlike "voluntary" payments it is a court ordered payment. Good luck:)

Faye449

Hi Marisco,

Thanks so much for your prompt reply! You're right, my credit rating is shot to pieces but trying to look on the bright side, I'm 29 so should be back on track by the time I'm 35!

The next bit is trying to fill out the scary form. I assume i have to admit the claim and ask for time to pay? Also I am not sure whether to send it to the court or back to Nationwide's legal services? Do you think it would help if I also sent them a copy of my CCCS correspondence and budget sheet? Also will they tell my employer?? I could do without that! Am I right in thining that I will have to go to court at some stage or is it possible to deal with this all by post?

Sorry for all the questions, I just don't want to make this situation any worse- if that is possible!

fermi

Faye449 wrote: »

The next bit is trying to fill out the scary form. I assume i have to admit the claim and ask for time to pay?

If you don't think have grounds to defend the action, then yes.

But ONLY if you don't think you can defend.

Faye449 wrote: »

Also I am not sure whether to send it to the court or back to Nationwide's legal services? Do you think it would help if I also sent them a copy of my CCCS correspondence and budget sheet? Also will they tell my employer?? I could do without that! Am I right in thining that I will have to go to court at some stage or is it possible to deal with this all by post?

You response goes to whoever is acting for Nationwide.

Send it special delivery if you can afford it. If you don't, they may conveniently "lose" it or just tell the court you didn't reply. (Yes, they are that sneaky). So you need proof they received your offer.

Including the CCCS paperwork would be good.

Your employer won't be told.

Usually everything can be dealt with by post. Going to court for a hearing sometime down the line if you/they disagree with what you are ordered to is possible, but not at this stage.

fatbelly

Faye, whoa!

First of all, acknowledge service. If this is Northampton County Court, you can do it online. This buys you 28 days. It doesn't matter particularly which box you tick at this stage - I'd tick 'defend in full'

They have chosen to start a court claim against you. They are entitled to do this just as you are entitled to challenge their claim. I suspect it is tied into their knowledge of your circumstances and that what they are trying to do here is get you into a position where you default on a county court judgement so that they can apply to have this debt secured on the house (that they know you own) by way of a charging order.

I'm sure some of my friends will be along soon with suggestions of your next steps. I'll keep an eye on this thread. Best of luck.

fb

Faye449

Thank you for your responses fatbelly & fermi, Am I wrong in thinking then, that as its my credit card and I (stupidly) spent the money that I have to 'admit' it??
I wish it was someone elses debt but unfortunately it's all my fault!

Faye449

***bump***

Anyone?

Faye449

***wonders if everyone has gone on holiday***

RAS

Hi

I assume that you have the CCA and default letters associated with this debt? Can you scan them and post them up please, all personal details and barcodes removed.

Faye449

I haven't got a scanner. Have had the default letters but no CCA I don't think?