What next??

Tink82

Hi, I'm hoping there is someone around who can help me as I'm in a bit of a mess

I took a loan out in 2003 (with my ex husband as he was working, but all in my name stupidly!!!) it defaulted late 2003 early 2004 and I can't really recall much about it from then on...

In 2006 there is a letter I have "Notice of Warrant of Execution" and County Court "Order Suspending Warrant/Judegement" stating I must pay £5pcm.. again, I think I defaulted with this sometime in 2007 (this is the only paper work I have for the debt prior to the more recent DC letters)

in 4/2009 I got a letter from a DC demanding payment so I sent a template asking for the oroginal credit agreement. After holding the account they then replied stating "our client has confirmes that all relevant information has been sent to you" therefor the balance is owing..

Following advice on the forum, I then sent a second letter template that states they have failed to provide the initial information. I then had a response in 07/09 stating they will look into it.

I heard nothing since until recently. It is now with a different DC threatening bailfis if I dont call them within 7 days (letter dated 9/05) however today I have had another letter "72 hour notice of litigation" which gives me 72hrs to call them or the account will be passed to their solicitors

I'm at a loss as to what to do, I'm petrified at the thought of calling them...

GeorgieFTB

Don't call, you will only get threatened.

The merry-go-round just needs to start again, send them a prove it letter, see what comes back. If they do manage to send you all the right paperwork, which with a ccj they should be able to... send the no telephone harrassment letter and work out a payment plan.

Sorry not much more I can help you with

Gx

Tink82

Thank you kindly... I shall try that first. I suffer anxiety and this is sending it through the roof so the prospect of calling is causing sleepless nights. I havw dealt with DCs before but these seem very adamant. Had another 72hrs notice within 2 days of the last...

thechippy

Who's the current dca?

They can't litigate - it's already been litigated on, hence the ccj, so the 72 hour letter is a load of tosh.

If the original judgement is for 5pcm, they can't ask for more without going back to court (which is doubtful).

They can however, try to enforce.
When was your last payment made on this?

I don't think the cca route will be any good on this, as judgement has already been made. However, it may be "possible" to have the ccj set aside if they can produce no paperwork for the cca - not quite sure on that one.

Anyone else?

Fermi / Tixy / Culex - you about??

Tink82

Hey Thechippy, thanks for replying

I think i last paid in 2007 if I remember rightly... it is now with HFO as the previous DC couldn't produce the paperwork for the CCA

thechippy

Hiya,

How much is outstanding on the CCJ?

...Just nipping out for 15 mins, but will get back to you when back.

Tink82

it's just under 7K.. don't want to be too specific as anyone can read this!

thechippy

Tink82 wrote: »

it's just under 7K.. don't want to be too specific as anyone can read this!

Ok,

1. They could go back to court to enforce, but judge would ask why such a long gap has been left. Depending on the answer they may / may not allow enforcement. If they do allow, then bailiffs could be instructed, or a charging order granted (if you own your home)

2. Non supply of a cca could be used (and has been) as a reason for a set aside of the ccj under sec.142

Is it hfo services, or hfo capital chasing you? (services I bet)

EDIT

Who was the original creditor??

thechippy

Another thing...

As this has already been litigated and judged, by not paying at the moment, you are in default of the judgement.

It may be wise to start making the £5 pcm payments, as the ccj / judgement remains valid until such time that it's been contested (and won)

If you are to go for a set aside, you need the courts on your side and it won't be seen in a good light if you are not paying the existing judgement.

You should also call the original creditor and ask them the date the account was sold on and to whom. Specifically, we need to know if it's hfo services or hfo capital.

NorthernLas

You could write to the original creditor with Chippy's questions. I'm sure if you can disclose who the OC is someone will be able to provide an address