CCJ Advice

dt3887

I have a quick question for you more knowledgeable people than me.

i took out a loan last june, i wont bore you with all the details, but they messed me around, and mis sold me the loan.

when the first payment came out at the start of july, i noticed that it was £80 more than it should have been, stopped the payment, and raised the dispute with the company. (this was on around the 7th of july). by the 9th of august, the company had managed to default me, AND CCJ me...

now the question, is there any set timescales that a company must follow for the action above?

McKneff

You need to give many more details than that to allow anyone to help you.
Your post is meaningless without them.

taffy056

They can't just CCJ you, it must go to court first, that is very unlikely in the time scale you have mentioned, this was last year so tell us like McNeff mentioned the full details otherwise people cannot try and help you.

Tixy

Yep we need a lot more information about exactly what happened.

Its certainly pretty quick for them to have obtained a CCJ, but that doesn't necessarily mean they've acted incorrectly.

If you'd cancelled the DD and ignored them altogether then its unlikely they'd have tried obtaining a CCJ in that timescale, but depending on what contact you had with them and what you'd said then its not impossible.

When the court papers were served did you ignore them or did you respond?

dt3887

lol, to save typing it all out again, il post up the timeline that holds a lot of info that i have had to provide to work....

• On 6th June I contacted the company looking to borrow monies. On the 6th of June, I borrowed £320 (+ £80 interest). When I took this loan, I was told that the repayments would be £100 per calendar month, with no further interest being added.
• On the 11th July, I checked my bank as my funds were lower than they should be, and found that they had taken £160. As this was not the agreed amount, I reclaimed the direct debit and contacted them to discuss this. I was told that I had been misinformed, and that the monthly payments would be £160, with the balance still attracting interest. I informed the agent that I was not happy about this as I had been mis-sold the product, and that I wished to raise a serious complaint and have this investigated.
• On the 11th July, I also offered to repay the initial loan balance at £100 per month until the complaint was resolved, but was told not to bother just now, and to wait until the complaint had been resolved.
• Between the 11th July, and the end of July, I made several attempts to call the company, but never received a call back. On the 28th July, I sent the company a letter requesting a call back. No call-back was received.
• At the start of August, I received a letter from Haywards Heath Buisness Centre courts, informing me that I had CCJ placed against my name for the above debt, but the amount had increased to £705. (the company had not sent out a default letter, or a warning letter, or any other letters at all)
• On the 10th Aug, I contacted Haywards Heath Business Centre, with my letter of dispute, and a phone call. I was told that the best course of action for me would be to try and sort this out with the company directly, as to resolve it through the courts, would cost me £75 minimum, and that if I could not resolve it with them, to then go back down the court route.
• Between the 10th Aug, and the 5th of March, I called the company various times requesting a call back to try and discuss the matter, and didn’t get any response.
• On the 25th Aug, I sent the company a letter requesting a call back. No call back was received.
• On 05th Sep, the company contacted our admin dept to apply for deductions of earnings.
• On the 29th Sep, I sent the company a letter requesting a call back. No call back was received.
• On the 05th Nov, I sent the company a letter requesting a call back. No call back was received.
• On the 15th Dec, I sent the company a letter requesting a call back. No call back was received.
• On the 04th Jan the company went back in for the deductions as the 8 week suspension had finished. These deductions started in Feb’s pay.
• On the 20th Jan 2012, I sent the company a letter requesting a call back. No call-back was received.
• On the 6th March, I finally received a call back from the company. I explained the whole situation to the agent I spoke to, who agreed there had been a few errors. I made them an offer of repayment, in light of all the problems, of the initial loan amount.
• On the 7th March, I received a response form the company refusing my offer, and not upholding my complaint, stating that I have had the past 7 months to respond in writing with any complain regarding the actions taken, and stating that they have had no contact with me.
• On the 12th March, I replied to the above response explaining that over the past 7 months, I have made many attempts to contact them, and had no responses. I included a copy of all my letters in the reply.
• On the 13th March, I sent an email to the company stating that I had had no response from my previous email.
• On the 14th march, I received a reply from the company acknowledging my email from the 12th of March, but stated that by looking at the data on the documents I sent, it was evident that they were created on the 12th of March. Implying that I had falsified the documents.
• On the 14th March, I replied to this email stating that the reason they have this creation date, is because I sent them to myself and saved them onto the computer, and requested a call back.
• On the 15th march, I contacted the company stating that again, they have failed to respond to either my email, or the call that I had made to them that morning.

dt3887

Tixy wrote: »

Yep we need a lot more information about exactly what happened.

Its certainly pretty quick for them to have obtained a CCJ, but that doesn't necessarily mean they've acted incorrectly.

If you'd cancelled the DD and ignored them altogether then its unlikely they'd have tried obtaining a CCJ in that timescale, but depending on what contact you had with them and what you'd said then its not impossible.

When the court papers were served did you ignore them or did you respond?

didnt even recieve court papers. first thing i recieved was the actual defailt notice.

dt3887

and here is the letter i sent the courts aswell:

Haywards heath Buisness Centre
Defences Team
POBOX 419
Haywards heath
RG16 1GU

RE: *********
On 6th June I contacted the above company looking to borrow monies. On the 6th of June, I borrowed £320 (+ £80 interest). When I took this loan, I was told that the repayments would be £100 per calendar month, with no further interest being added. On the 11th July, I checked my bank as my funds were lower than they should be, and found that the company had taken £160. As this was not the agreed amount, I reclaimed the direct debit and contacted the company to discuss this. I was told that I had been misinformed, and that the monthly payments would be £160, with the balance still attracting interest. I informed the agent that I was not happy about this as I had been missold the product, and that I wished to raise a serious complaint and have this investigated. I was told this would be done. I also offered to repay the initial loan balance at £100 per month until the complaint was resolved, but was told not to bother just now, and to wait until the complaint had been resolved.

Since then, I have tried several times to contact the company, and each time got through the call handling area, and been told that my details will be passed over, and someone will contact me, which they haven’t.

I have not received the default that has been stated to have been issued, and feel the current action is heavy handed and not required yet.

The above statement is true to the best of my knowledge and records.

taffy056

So judgement has been made without your knowledge ? There must have been a letter explaining they are taking taking you to court, you have a legal right to be there, did you receive any letter beforehand about that ?

Tixy

What is the date of the CCJ? have you seen a copy of the judgement?

If not get a copy of the judgement.

You could apply to have the CCJ set aside on the grounds you didn't receive court papers and didn't have the opportunity to respond.

.

In terms of the amount of the payment - what did your copy of the loan agreement state was the repayment amount? £100 or £160?

dt3887

i have a copy of the judgement.....somewhere

yea i can apply for that tixy, but the court have told me that i need to pay £75 for the pleasure, and need to prove i didnt recieve it. im currently in talks with the company, but someone told me they had seen either on here, on experian, that there is a timeline that needs to be followed

DS4215

Irrespective of what they did wrong, you borrowed money and didn't make any repayments back to them. They would have defaulted you within the first month and would take it further at the earlier opportunity. You should probably have made all communications in writing and sent cheques for the agreed payment each month.

To them it looks like you have taken the money and are doing anything you can to avoid payment. They have also stuck on a load of extra charges for the privilege.

However, if you have got a CCJ you can either dispute it (on the grounds of no notification) or pay up and let it drift along as settled for the next 5.5 years.