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Drydens Harassing Me Even After They Got CCJ

Devils_Avocado
Devils_Avocado Posts: 57 Forumite
Part of the Furniture Combo Breaker
edited 17 August 2010 at 2:02PM in Debt-free wannabe
Last February, Drydens obtained CCJ's against me on behalf of Nationwide. We're talking a total of about £17000 here.

Following heart surgery, I've been unable to work and have been claiming Penson Credit. As I'm on a very low income, the monthly payment awarded by the court has been just £2 per month.

Of course I've made the payments. However, Drydens have been continually sending me income and expenditure forms to "update their records". I've not answered their letters, so now they are threatening me with legal action if I don't respond.

They've got their CCJ's, so why are they still hassling me? My circumstances haven't changed at all and I really don't see why I should still be harrassed about a debt that has gone to court, especially as I'm making regular payments.

Any ideas or advice anyone?

Comments

  • alona1
    alona1 Posts: 292 Forumite
    I'm sorry I cant offer any advice but I am sure there is a template letter somewhere that you can send to tell them to stop harrassing you. I'm sure someone more knowledgeable will be along shortly. Good luck with it x
  • Blahah
    Blahah Posts: 61 Forumite
    Hi Devils Avocado,

    Because the account(s) are subject to CCJ(s) there is no way they can take any legal action against you to recover any more than the amounts set out in the CCJ agreement. In all likelihood it's just a bureaucratic mixup, and the DCA aren't even aware that there's a CCJ on the account. You can just ignore the letters if you want, or you can write to both the original creditor and the DCA reminding them that there is a CCJ and quoting the case number and details of the repayments you are required to make. Ask for a copy of their complaints procedure in the same letter and mention reporting them to the FSA and they'll probably stop contacting you.
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Good luck op !!!
  • Blahah wrote: »
    Hi Devils Avocado,

    Because the account(s) are subject to CCJ(s) there is no way they can take any legal action against you to recover any more than the amounts set out in the CCJ agreement. In all likelihood it's just a bureaucratic mixup, and the DCA aren't even aware that there's a CCJ on the account. You can just ignore the letters if you want, or you can write to both the original creditor and the DCA reminding them that there is a CCJ and quoting the case number and details of the repayments you are required to make. Ask for a copy of their complaints procedure in the same letter and mention reporting them to the FSA and they'll probably stop contacting you.

    I've just phoned Drydens. I asked them if they were aware that they had already taken out a CCJ against me. They said yes, they were aware, they just wanted to see if I could increase my payments.

    I told them I was 64 and in receipt of Pension credit. They said thanks for letting them know, they'd update their system, no need to write or fill in their I & E form.

    I guess they were just trying it on.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    I've just phoned Drydens. I asked them if they were aware that they had already taken out a CCJ against me. They said yes, they were aware, they just wanted to see if I could increase my payments.

    I told them I was 64 and in receipt of Pension credit. They said thanks for letting them know, they'd update their system, no need to write or fill in their I & E form.

    I guess they were just trying it on.
    That's good news...I just figured out it's going to take 700 years to pay this back. Hopefully for them you'll live that long....
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If they want you to make increased payments, its up to them to submit a request to the court for a redetermination hearing. They should not be pestering you with requests for proof of income as this was already settled in court.

    I would go down the route of asking for the complaints procedure and submit a complaint, adding in if they want to change the monthly payment they must submit a request for a redetermination hearing, to which you will bring evidence as you did with the CCJ to show you can only afford £2 a month. As such they would only be wasting their own money in pursuit of an increased payment in court costs they incur.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
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