CCJ Problem ! HELP

monwind

Hi, Just wondered if there is anyone who can advise.

On DMP with CCCS. Link Financial (gas installation this year - £3,000 +) sent us some papers from Court at Northampton re - them applying for a CCJ. I asked CCCS and they said to return the financial statement of affairs showing income and exp. Sent this back to Link as it said that all replies were to be made to them. Received another letter from Northampton on 24th Dec. saying that the judgement had been made in favour of Link even thought the S.o.A clearly showed that we could only afford £17 per month. Recent letter says we have to pay £777.00 per month which is rediculous given our circumstances at moment. Hubby off sick and I am only one working. Should I have sent the papers back to the Court instead of Link? Recent letter says we can appeal within 16 days by returning a form which looks the same as the one I already sent Link and £35.00. CCCS closed till tomorrow and not sure what to do, have to appeal within 16 days of post mark (17th Dec.). Any advice would be appreciated. Hubby stopped smoking 2 weeks ago, we now have an extra £50 a month spare should I offer them this ? The debt is in Hubby's name only - we put down both incomes, don't we ?

thechippy

You don't have to send anything to Link, it should all go to the court.

You have 14 days from judgement to apply to the court for a redermination (ask for lower payments) - send a sa with it. This will not cost anything. If you go past the 14 days, you will need to download and fill in a form n245 and you will have to send with it a payment of £30.

They can't have what you don't have, so apply for the redermination asap....;)

monwind

Thanks, bit confused though. Link said all correspondence to be sent to them, not court, However, that aside, my daughter rang the court for me and they said she had to download the numbered form you mentioned (which we have, it is more or less identical to they one I sent Link) and send £35 they didn't mention the first option you mentioned, the one where you have to reply within 14 days. Don't know if I should ring to court tomorrow I don't know if I will be able to get through to CCCS 'cause they are usually engaged. Thanks for your help if you can throw any further light on things it is much appreciated.:)

fatbelly

thechippy is correct - have a look at Fermi's post here:

http://forums.moneysavingexpert.com/showpost.php?p=33633191&postcount=2

thechippy

Don't take any notice of Link -they are numpties....;)

thechippy

On reflection........

I think Link have been a bit naughty here.
Why are they sending you what amounts to a redermination form and requesting a payment of £35??

This should be via the court only. I'd be tempted to report this to the OFT - a possible abuse of process.

The VERY second you recieved papers from the court, correspondence should have been with them only. It seems Link may have duped you into dealing with them so they got judgement by default, as the court will not have heard from you.

This is not unknown by dca's guys, so be carefull.

Don't ever underestimate the levels to which these scumbags will stoop.......:mad:

monwind

Thanks for your reply Chippy I didn't make it clear. It was Link who said all forms had to be returned to them. But, it was the court that has asked for the £35.00 when I send in the appeal form. Told my daughter what what you said and as time is of the essence so to speak I think we are going to cover ours backs and do both options if a) is successful then I get a refund of my £35 if A) is unsuccessful I appeal and see what happens.

monwind

Having said that, I could still probably go for Link because they mislead me into sending the form back to them. Any ideas ?

thechippy

Hi,

Unless we are getting our wires crossed, forms should go to the court, not Link.

Send the form to the court, not Link. The court will determine what you pay, not them..;)

Take care

Chip

monwind

I know now not to follow what the bad guys say. Just to clarify, Link told me to send all paperwork back to them. I now know from experience not to send it to them but to send it to the court. Thanks for the advice. i AM NOW GOING TO BE "PRO-ACTIVE" and take no notice of Link or any other DCA that may contact me 'cause I now know that they are all nobs. Thanks.

thechippy

You got it....;)

Sort those bottom feeders out......:D

Any probs, get back to us.....:cool: