CCJ/Writ of fifa on payday loan - DRO?!

unclemickey

Hi there,

New to the forum, so wondering if anybody could be of some assistance.

Around 12 months or so ago whilst in a terrible financial state, I took out a payday loan with a company called 'Car Repair Finance'. I later defaulted on the loan as my issues began to worsten and completely topple over me.

After contacting Step Change (who were a fantastic help!) they arranged a debt relief order to be set up for me, ovbiously including the above debt, despite this, a CCJ was issued on the Car Repair Fiance account, despite all other debtors acknowledging the DRO, Car Repair Finance dit not. A writ of FIFA was later issued on the account.

I have completed all the neccessary paperowork to prevent further action, or atleast I thought that I had, including copies of the DRO to the court and so on.

I recently recieved a letter stating that my application to 'stay the writ' would be heard in court mid september.

I've struggled to find any help and advice on this onlnie, but I was led to believe that as the debt was included in the DRO, then any CCJs and WRITS against it would be instantly invalid, this ovbiously isn't the case.

Could anybody shed any light? Would be greatly appreciated.

ste_wilko

I don't know if it really makes a difference, other than still being liable to pay the debt back.

DRO's will stay on your credit file for 6 years, so will any other CCJ and WRIT (as far as I believe)

I don't know if creditors must accept a DRO. So it may be worth getting on to your local CAB to check

Gaz83

ste_wilko wrote: »

I don't know if creditors must accept a DRO.

I don't think they are. Many of them do, but I don't think they're obliged to. I'm sure I've read anecdotal evidence on here that they are unlikely to accept a DRO if they believe a person had no intention of paying back a loan, rather than have a genuine downturn in their situation.

fatbelly

Yes, a DRO is an insolvency option. The creditors in it have no recourse to any action.

Did you defend the court claim on this basis at the time?

In any case, payday loans are still loans made under the consumer credit act. They cannot be passed to the High Court for enforcement.

fatbelly

ste_wilko wrote: »

I don't know if creditors must accept a DRO. So it may be worth getting on to your local CAB to check

They have the opportunity to object but can only do so on specific grounds. Few objections are made, fewer upheld.

If you receive notice that your debt is listed in a DRO you may lodge an objection to one of three things:
•the making of the DRO;
•the inclusion of your debt in the DRO;
•the details of your debt specified in the DRO.


The grounds for your objection can be one or more of:
•that information supplied by the debtor, or in support of the debtor’s application, was incomplete, incorrect or misleading;
•that a bankruptcy order has been made against the debtor;
•that the debtor has made a proposal for an individual voluntary arrangement;
•that the official receiver should not have been satisfied that the debtor met the qualifying criteria for a DRO at the time of the application;
•there is an error in, or omission from, something listed in the DRO.


You must lodge your objection with the official receiver within 30 days of being notified of the DRO and must:
•give your full name and address and supply the name of the debtor and reference number of the DRO;
•specify which of the three matters you are objecting to;
•give details of the grounds for your objection;
•supply a clear statement of the facts and supporting evidence upon which you are basing your objection.

chanz4

was this debt named on the dro, if not valid. If it was named refer them to the or

happygirl148

Hi

it says the following on the sheriffs website http://thesheriffsoffice.com/articles/debt_relief_orders

During a DRO
Following approval of a DRO, which lasts 12 months, it is the Official Receiver (OR) who will continue to administer it, dealing with the creditors etc. The OR will also look into a debtor’s financial affairs both before and during the DRO and may report any misconduct, whether criminal or not, to the Court if appropriate.
Once a DRO is made, debts are subject to a moratorium and creditors may not continue or begin any legal action against the debtor, without leave of the Court. At the end of the moratorium, the debt is considered discharged.

The creditor can lodge an objection to the DRO under some circumstances-

Creditors whose claims are listed on a DRO application will receive formal notification from the Insolvency Service if a DRO is made, but you can see whether someone who owes you money is subject to a DRO by searching the Electronic Individual Insolvency Register at https://www.insolvencydirect.bis.gov.uk/eiir/
As a creditor listed in a DRO, you can lodge an objection with the Insolvency Service (within 30 days of being notified of the DRO) if:
Information supplied by the debtor was incomplete, incorrect or misleading
The debtor did not meet the qualifying criteria for a DRO; or
The debtor has already been made bankrupt or proposed an Individual Voluntary Arrangement (IVA)


As for the Writ -
http://www.dealingwithbailiffs.co.uk/Stop-High-Court-Enforcement-Officer-HCEO.htm

to stop the Writ you need to apply for a "stay of execution" form N245 (i am assuming this is what you ment by "stay the writ" )

this will suspend the Writ and stop the enforcement and then it will be heard by a judge who will decide if the Writ is to be paid or not .

CCJ's can not be enforced in the high court if the judgment arises from a regulated agreement under the Consumer Credit Act 1974.



What judgments can the High Court Enforcement Officer execute?
http://www.hceoa.org.uk/faq/have-you-been-visited-by-a-high-court-enforcement-officer.html
The High Court Enforcement Officer can execute:

any High Court Judgment or;
any County Court Judgment where the amount to be enforced is £600 or more and the original claim did not arise from the Consumer Credit Agreement.
any Employment Tribunal or ACAS Award