acqua card...want to give a ccj

March2012

i was trying to get credit sorted a year or so but again had personal problem affect life. so ended up paying the minimum and said as soon as i am a bit more sorted would pay it off but carried on paying the statutory amount.

in meantime now i have received a letter saying "we are giving you a ccj" unfortunately due to computer issues at their end we could not send you a letter giving you notice to sort something out ."
i could not believe i was reading this. i have no other ccj and i have been catching up on quite a few debts.

can someone let me know if this is legal to have no notice nothing and them saying they have had computer problems so were unable to send me letters...???!!! seems mad. any help to get this sorted owuld be extremely appreciated.

[Deleted User]

What exactly did the letter say? It won't have said "we are giving you a ccj".

National_Debtline

Hi March2012,

This does seem very strange, especially if you are up to date with the arrangement you made. A written default notice must be sent before they can apply to the county court and the creditor should only use court as a last resort. They cannot use the fact that they have had 'computer issues' as an excuse for not sending the default notice.


However, if the letter says, something along the lines of, 'we would like to review your payments/you need to increase payments or we will consider legal action' then this is fairly standard stuff and if nothing has changed you can write back to them, with your SOA and say as much.


If this is a genuine threat of court action, then you will get county court claim forms in the post, with a response pack, and you will have an opportunity to make an offer to repay through the courts. Can you post the letter/ email they sent for clarity?


Laura
@natdebtline

March2012

as end of hte letter it also says to call them. it just starts very badly this letter and very contradictory. thank you i will post once spoken to them.

National_Debtline wrote: »

Hi March2012,

This does seem very strange, especially if you are up to date with the arrangement you made. A written default notice must be sent before they can apply to the county court and the creditor should only use court as a last resort. They cannot use the fact that they have had 'computer issues' as an excuse for not sending the default notice.


However, if the letter says, something along the lines of, 'we would like to review your payments/you need to increase payments or we will consider legal action' then this is fairly standard stuff and if nothing has changed you can write back to them, with your SOA and say as much.


If this is a genuine threat of court action, then you will get county court claim forms in the post, with a response pack, and you will have an opportunity to make an offer to repay through the courts. Can you post the letter/ email they sent for clarity?


Laura
@natdebtline

National_Debtline

Hello again,


Generally speaking it is a good idea to stay off the phone with debt collectors - try and keep all communication in writing/ emails - especially if they are not being clear.

Let us know when you have clarified things and the we should be able to guide you on your next steps.


Laura
@natdebtline

fatbelly

If you get a court claim form, post again - in the debt-free wannabee forum

March2012

thanking you so far for all the input and encouragement . never had this sort of thing before.