CCJ Advice

Tixy

If you don't go down the route of trying to get the judgement set aside then you are stuck with the CCJ on your credit file for 6years. Personally as they've gone down the legal route quickly, and because you have found them so difficult to deal with I would respond by using the legal process yourself.

In terms of a timeline

It would be usual for a creditor to send a default notice after between 3 and 6months of missed payments (or arrears), but if you've specifically told them you don't intend to pay or can't pay then there is no reason they couldn't issue one sooner than that. Its filed when the relationship is deemed to have broken down, which they may feel yours did when you reclaimed the DD.
They only have to prove they sent a default notice - not that you received it. They are under no obligation to send recorded delivery.

In terms of court papers they do have to send them to you first and you get (i think) 14days to reply to them. As that didn't happen then that is the bit to dispute.

McKneff

When you took out the loan, what is on the actual agreement re the repayments. What you are told means absolutely nothing.

dt3887

sorry, so what you are saying DS, is that even though they mis sold the loan, accepted they made a mistake, and told me to wait for their reply before making any payments, i should have still sent them cheques for the amount agreed to pay each month? if you read it again, you will see that they took more than the agreed amount out of my bank account

dt3887

McKneff wrote: »

When you took out the loan, what is on the actual agreement re the repayments. What you are told means absolutely nothing.

it was all done over the telephone. but they later turned and said all details are on our website. to which they got the response "well i have done the application on the phone, because i have no internet...."

dt3887

Tixy wrote: »

If you don't go down the route of trying to get the judgement set aside then you are stuck with the CCJ on your credit file for 6years. Personally as they've gone down the legal route quickly, and because you have found them so difficult to deal with I would respond by using the legal process yourself.

In terms of a timeline

It would be usual for a creditor to send a default notice after between 3 and 6months of missed payments (or arrears), but if you've specifically told them you don't intend to pay or can't pay then there is no reason they couldn't issue one sooner than that. Its filed when the relationship is deemed to have broken down, which they may feel yours did when you reclaimed the DD.
They only have to prove they sent a default notice - not that you received it. They are under no obligation to send recorded delivery.

In terms of court papers they do have to send them to you first and you get (i think) 14days to reply to them. As that didn't happen then that is the bit to dispute.

yea, part of my negotiating, which the guy i am now speaking to, has told me there shouldnt be a problem with them going to the court and removing the ccj, so fingers crossed...
problem with me goin down the legal route, is the cost involved. not really got that bit spare laying around with moving etc

Tixy

All the letters you sent requesting call backs? was that done in the post or by email?

In terms of moving forward I would now do everything by post and have no more discussions at all with them by phone. That will ensure you have a record of everything they say to you from now on.

Whilst they could make a set aside claim direct to the court themselves - it doesn't look like they intend to as they believe you owed them the money and don't seem to think how they acted was unreasonable.

I believe the fee is £80, unless you claim certain benefits. But that if the court agree with your set aside application I think that you don't actually end up paying the fee.

Vikipollard

dt3887 wrote: »

problem with me goin down the legal route, is the cost involved. not really got that bit spare laying around with moving etc

Could this be why you havent received either the default notice or the Court papers? Did you notify the loan company of your new address? Not sure if this will impact on whether the CCJ can be set aside or not if you havent told them you moved..?

(I genuinely have no idea there btw )

McKneff

Vikipollard wrote: »

Could this be why you havent received either the default notice or the Court papers? Did you notify the loan company of your new address? Not sure if this will impact on whether the CCJ can be set aside or not if you havent told them you moved..?

(I genuinely have no idea there btw )

Well spotted Sherlock:eek:;)

dt3887

for some reason, my reply didnt go on last night...:doh:

i havnt moved yet lol, but yea, well thought/spotted

I should be getting a response from the company today, so i will keep you posted

dt3887

got a response from the company today stating that a manager is now investigating my case, however they will not suspend the deductions while this is investigated. im sure that while a debt was being disputed/investigated, payment should not be taken...? any guidance on if this is correct or not, and if it is, what i should be quoting?