FF and CCJ's - can it be done?

what_a_muppet

Hi again,

I have recently received CCJ proceedings for an outstanding debt, is it possible to still offer a Full and Final Settlement at this stage, my Dad has offered to help me out although we can only raise possibly half the amount owed - would this be possible/worthwhile or won't they want to know - if they dont accept it they will be receiving a small payment via a DMP for probably 6 or 7 years.

It's like a roller coaster at the moment, I am waiting for my CCA to come through, so will be defending the CCJ initially - I am trying to weigh up my options at the moment as I fell completely out of my depth, not knowing which way to jump.

Any advice would be very much appreciated.

NorthernLas

Given how insistent your creditor seems to have been, I would have thought that the likelyhood of a F&F is slim.

Could you use the money to agree a payment plan - for the 6 months that you needed?

Alternatively, could you spend your time making sure that your defence is OK (have you acknowledged yet as you can have extra time to defend). If you defend you can get it transferred to your local court.

Hopefully someone more knowledgable will come along and answer the following question ... I had gained the impression that once you put your CCA request in, the DCA cannot pursue until the CCA request is satisfied. So I am not sure if you can tell them and the court and get proceedings delayed.

what_a_muppet

Hi NorthernLas,

Thanks for replying, to be honest this all happened quite quickly, from default notice deadline to them instigating the CCJ was around 4 or 5 weeks, the genuinely good advice given here was that they would be basically bluffing and to to not take their threats to seriously. Despite maintaining my payment promise to them (they are still accepting my payment now). It looks like the CCA request and the CCJ have crossed in the post - mine was dated the 24th Aug the CCJ was dated the 25th. They haven't cashed the cheque I sent (not mine but my partners) neither have the Post Office given a date for delivery of my letter which also bothers me as this was over a week ago now.

I will be using the CCA request in my defence for the CCJ, I was intending to pay what I owe but with their complete lack of any sort of compassion for lifes ups and downs I am thinking s*d them

NorthernLas

There may be quicker ways to force them to issue you with all of the documents they will rely on in court if they are listed in the Particulars of Claim (POC).

The court will look at whether there is a valid contract, default notice and termination, whether you owe the money. It will not look at morals, though the speed at which this has proceeded cannot do them any favours since you have told them of your situation.

You may get telephone help on this from National Debtline.

You need to know if you requesting CCA before you got the court docs puts the account in dispute and therefore not enforceable.

Off the edge of my knowledge I'm afraid (you could also try CAG)

what_a_muppet

Thanks NorthernLas, haven't registered with CAG yet - but will be doing so right now;)

PNPSUKNET

a company has a right to issue court proceedings, people on here dont tend to really care about advice given as they are not legally qualified. A lot of companys dependant on the debt will go for the CCJ. But been honest you aknowledge the debt by making payments anyway and any judge will recognise it.

NorthernLas

This thread on another forum may be of interest to you http://forums.all-about-debt.co.uk/viewtopic.php?f=49&t=133

Also, I have posted on your previous thread, so people know that the saga is continuing. If people suscribe to a thread, they get updates, so if you keep starting new ones they may miss that you need more information.

saltnvinegar

what_a_muppet wrote: »

Thanks NorthernLas, haven't registered with CAG yet - but will be doing so right now;)

Hi What a Muppet

I would also suggest taking a look here too:

http://www.legalbeagles.info/

They have a good legal forum.

What is shocking about your story is the indecent haste in which litigation is being taken (I'll give my view on this a bit later).

Obvioulsy time is of the essence here. First as its Restons have they made the application via Northampton? If so you should be able to apply to have the hearing made at your local court. Get this in motion asap.

Second its good you've made a CCA request but time is against you on this now. You may have time to make a CPR request (I have included a letter template for your below). If Restons do not respond to this you can use this in your defense.

So onto my take on Restons haste in pursuing litigation. I can only imagine they are doing this for the following reasons:

1) They are Aholes!

2) That they know the agreement is unenforceable (no CCA) so are acting quickly in the hope you don't get to know your rights by reading relevant consumer forums etc and can get a judgement made without you submitting this in defence

3) That they do have an enforceable agreement and so are confident on this point and are going for the throat.

Personally if I was submitting a defence on this I would take a few lines of attack:

a) Obviously if no CCA is produced either in response to your CCA request or CPR 18 request below this should be made aware to the court (especially if no response is made to your CPR request). You can then try the unenforceability route.

b) That Restons (in their indecent haste) in pursuit of litigation is contrary to the Overiding Objectives of all Court Action and have not acted in a reasonable manner to seek resolution before taking this action

c) That in support of the above point Restons have declined your reasonable offer of payment in line with your DMP but have been accepting your payments regardless

I think it would be unwise to try to claim that no debt exists but rather that you have tried to seek remedy in the form of your debt management plan which has been continually ignored and that you ask the court to set a payment in line with your DMP (if the debt is enforeable of course.

Good luck (and btw contrary to a previous post, yes while I am not legally qualified however I disagree totally with the suggestion that as such I do not care)

SnV

Dear XXX

CPR 18 - REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.


1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.


3. Any other documents you seek to rely on in court.

4. Proof that the debt is not barred by the statute of limitations act


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

DIGITALLY SIGN

jaytee99

Hi, I'm a newbie here...

Apologies this is not relevant to this particular case, but I really don't know where to post this for help and info - and everyone helping in this case seems so knowledgeable. I started it is a thread, but without any answers...

Hi All,

I am new here, and after a serious downturn in my business I have a ton of credit card debt. Nearly all of it is credit card debt - many different cards - and pretty much all have been deemed as non-true copy accounts. IE: not had true copies despite requests/payments for these well over a year ago. One debt is a loan, with £thousands in mis-sold PPI due back on a £16K balance. Even this has been deemed to have a flaw in the APR wording making it unenforceable, although not as strictly so as the NTC credit cards.

I've stopped paying everyone - entered into a DMP, and was paying into this nicely - but the company went out of business - hence I lost money, as they took first 2 months payments as their fees. I now know this was dumb, but didn't know about CCCS etc... at the time.

Phone calls and threatening letters died down and pretty much stopped, after the DMP was set up, but as I understand, only partial payments were made first time (after two months of paying), and only once.

(SORRY THIS IS RAMBLING ON...)

I was only made aware of the DMP company's demise when I was contacted by a DCA demanding money. But now the letters, texts, phone calls have all started again. Even had texts saying ipads for sale etc... Idiots actually expect me to fall for this...?

I don't take the phone calls - I've suggested they contact me by email, or letter only. MY FIRST QUESTION - IS THIS CORRECT...?
If I do take a call by mistake, can I terminate the call, politely, without putting a 'black mark' against me...?

I've not paid for several months now 6-9 months), and have been threatened with doorstep collectors (I'll kill them...!) and with CCJ's etc... NEXT QUESTION - HOW LONG WILL THEY WAIT BEFORE THEY RESORT TO THIS COURSE OF ACTION...?

I believe all Credit cards in question are non-true copy, so they cannot technically enforce the debt against me - IS THIS CORRECT...?

I am happy to pay into a DMP - but it would be 10 years minimum before I could clear the debts, and only assuming they freeze interest and stop adding charges. NEXT QUESTION, WHAT CAN I DO TO ENSURE THEY WILL FREEZE INTEREST...?

I have to give serious credit to American Express, who were first off the mark, froze interest and charges and froze the account - hats off to them - very professional. Unlike MBNA, Barclaycard, Capital One etc... The all refuse to accept the NTC argument, but haven't provided any original copies of agreements - despite, as I said, these requests dating back way more than a year.

I intend to use CCCS to set up a new DMP, so hopefully they will successfully negotiate this in my behalf, BUT WHAT CAN I DO TO ADD WEIGHT TO THIS...? I'd like to pay as much as I can for a few years then hopefully negotiate greatly reduced full and final settlements. However, next question - DOES IT HARM YOUR CHANCE OF A FULL AND FINAL NEGOTIATED DISCOUNT SETTLEMENT IF YOU HAVE BEEN REGULARLY INTO A DMP...? The card companies are much to blame for my situation as they piled interest up and up, despite, at the time, I was not in arrears, never had been, had never missed payments, and was always on time with payments. As such, they have more than had their money back from me, so if I could pay 25% to them and walk away I would - but is there a best way to go about this...?

Lastly, I think (!) - I have several thousand pounds claim for a mis sold PPI on a loan. If I claim this, it will be paid to the loan company/DCA. However, I'd like to keep this aside and have it claimed and paid at a later date - so that I may use it in negotiating a full and final settlement. IS THIS POSSIBLE...? Or can the loan company force me to settle it now and have it paid to them...? PPI is thru St Andrews - although I never knew they existed until the DCA told me this.

Any and ALL advice as to my TRUE rights and the rights of the DCA's is very welcome guys... Hopefully I'll be in a position to help others out with other stuff too...

Cheers in advance...