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Northhamptom Bulk Processing . A question

LBaum
LBaum Posts: 43 Forumite
edited 31 July 2010 at 5:06PM in Debt-free wannabe
Ok this has got my curiosity.

Most posts I have read about CCJ's seem to follow a pattern.

Creditor/DCA applies for a CCJ at Northhampton Bulk Processing.

Debtor sends in details of income and outgoings/DMP

Northampton awards creditor'DCA x10 amount of what debtor can realistically pay and if x10 amount paid other creditors receive less than zero in DMP.

Clearly the aim of creditor is either to establish a very high rate of repayment

or to force the creditor to default on the CCJ and move further towards securing a charging order because they obviously can't repay such a high rate

Why isn't this obvious in the first place to the clerk in the processing centre?


What is actually going on here?



1. Does Northampton ever receive details of DMP?

1a.. If so why do they award such a high amount to creditor?

2. If they haven't received details of DMP/ income/expenditure
is the CCJ actually valid?

3. Is there any way I or anyone else could ask Northampton exactly what information they received when they were calculating the repayment in the CCJ awarded to the DCA/creditor and why they came to that decision?

I understand it is a clerk who 'rubber stamps' the CCJ, I was wondering if anyone knew what underlies the clerks reasoning?

These seem very reasonable questions to ask given the impact of the Bulk Processing Centre's decisions, on families and indeed their
creditors.

So does anyone have a clue, because I'm up for a Charging Order in the next 14 days.
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Comments

  • WRINKLES
    WRINKLES Posts: 817 Forumite
    500 Posts
    Sometimes DCA ,s apply to northampton giving a wrong address for the debtor , the debtor does not know they are going for a ccj , it is rubber stamped beacause it has not been defended , the DCA hopes the debtor will b so frightened that he will pay whatever is claimed .
    GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING
  • WRINKLES
    WRINKLES Posts: 817 Forumite
    500 Posts
    If you can prove they had your proper address , then the ccj will be set aside , you can ask for the hearing to be at your local court so you can defend in person , if you do this the juge will only award them what you can reasonably pay after considering your priority bills and living expenses.
    GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING
  • Tuscan
    Tuscan Posts: 323 Forumite
    thing is, even if the bulk centre sets the ccj at what you want the creditor can also request a redetermination hearing if they dont except it, with me it also went to the bulk centre first and Natwest wanted some thing like £600 a month!! but the court official set it at about £370 which was only £50 more than i had offered, i was going to leave it at that and pay the extra but thought id call Natwest and see if they planed to except it, was told no so i got in first and requested the hearing at a lower amount to spite them, they ended up getting the lower amount, teach them to be greedy lol....
  • LBaum
    LBaum Posts: 43 Forumite
    Wrinkles: When you say 'address' do you mean the place where I live, or the information that was sent to Northamptom concerning my I+E ? Sounds a really dumb question, I know, but I'm new at this.

    Tuscan:

    I looked up Northampton and it seems like they were processing 2000 CCj's per day in 2009.

    Seems to me DCA's are simply using the processing centre to set very high repayments, knowing it will upset any DMP's or the debtor simply, like myself can not afford to pay the CCJ . Like you it was silly money we couldn't begin to afford.


    I'm not sure why Northampton awarded so much in the first place
    I can only assume they didn't get the full and proper details of my I+E. If they didn't get those , how is it the CCJ is even valid?

    How can anyone's CCJ valid without full and proper considertaion of the rights and situation of the debtor?


    This is an interesting question, because it raises the issue are DCA's and creditors using Northampton to scare and intimidate debtors, by not giving the full information abut the debtors situation.

    Don't forget Northampton is a court not an extension of a debt collecting agency.

    Will research this further.
  • Tuscan
    Tuscan Posts: 323 Forumite
    might come down to what percentage you offered, if you owe say 20k and offered £20 a month and the creditor wanted £200 a month then that might seem reasonable to the bulk centre even if it is 10 times what you offered...


    i had to fill out a form and pretty sure i supplied details of income and expenditure etc and sent it direct to the court, did you not do this?


    that said i was taken to court by a law firm, and not a dca who are more ruthless
  • LBaum
    LBaum Posts: 43 Forumite
    Supplied details of income and expenditure on form , but how is it the court reached this conclusion?

    Who did you send your details to the court, the law firm or both?
  • Tuscan
    Tuscan Posts: 323 Forumite
    pretty sure it was the court, but was a few years ago now so cant be sure...
  • LBaum
    LBaum Posts: 43 Forumite
    I just remembering what I did here, I sent mine to both.

    So if the DCA is aware of my financial situation how could it have claimed I was able to pay an amount that was way above the total amount of my entire DMP?

    Sorry if I'm going on about this but it seems odd, and I'm not arguing with anyone here, rather thinking aloud.

    I'm going to see if I can get the original details of the CCJ from Northhampton and see what information they presented which gave rise to such an high figure.

    This has just aroused my curiosity.

    I like doing crosswords and stuff and I find it annoying when everything doesn't come together and make sense.
  • WRINKLES
    WRINKLES Posts: 817 Forumite
    500 Posts
    LBaum wrote: »
    Wrinkles: When you say 'address' do you mean the place where I live, or the information that was sent to Northamptom concerning my I+E ? Sounds a really dumb question, I know, but I'm new at this.

    Tuscan:

    I looked up Northampton and it seems like they were processing 2000 CCj's per day in 2009.

    Seems to me DCA's are simply using the processing centre to set very high repayments, knowing it will upset any DMP's or the debtor simply, like myself can not afford to pay the CCJ . Like you it was silly money we couldn't begin to afford.


    I'm not sure why Northampton awarded so much in the first place
    I can only assume they didn't get the full and proper details of my I+E. If they didn't get those , how is it the CCJ is even valid?

    How can anyone's CCJ valid without full and proper considertaion of the rights and situation of the debtor?


    This is an interesting question, because it raises the issue are DCA's and creditors using Northampton to scare and intimidate debtors, by not giving the full information abut the debtors situation.

    Don't forget Northampton is a court not an extension of a debt collecting agency.

    Will research this further.
    The place where you live , dca ,s do use northampton to their advantage as do the inhouse solicitors they employ, it is all a tactical game to them to squeeze as much money from you in as short a time as possible whether you can afford the payments or not.
    GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING
  • LBaum
    LBaum Posts: 43 Forumite
    This is serious!

    I'm trying to get my head around a firm of solicitors supplying a court with the wrong address for the debtor and a court issuing something as serious as a CCJ on that basis.

    If they do muddle addresses , due to an obviously high caseload and not the ulterior motive for quick profit, then how can anyone including the court be sure the DCA has given them the correct income and expenditure .

    Question to myself : Which legal body regulates the DCA's and their practices?

    I'm going to check this out and if such a body do exist I'll see if they want to follow my case through as a sample of the DCA's working practice.
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