Help/Advice on a CCJ (Asset Collections and Investigations)

Knebula

Hello!
I was hoping to get advice on a CCJ claim against me that has recently been brought to my attention.

I will try to keep the story as brief as possible.

In November 2016 i took out a payday loan with The Lending Stream for the amount of £200, at the time i was transitioning between residences following a relationship breakdown, and was in employed in full time work. I was staying with friends and waiting for my payment from work to afford my new digs i took the loan out to tide me over and make sure i had enough to cover everything. I intended to pay the loan back in full.

On the first of December i received a phone call from my mother, informing me she had been diagnosed with cancer and required immediate care, as she was immobile, so i traveled down to her to assess the situation and provide support.
During my visit i ascertained that her need was pretty serious, so i quit my job, cancelled my move and began caring for her, but this in turn resulted in temporary homelessness, i could only stay at my mothers as a guest for 3 nights a week, and had to find other arrangements for the remaining 4 days of the week. This is still the situation that i am living in.

This week, my ex partner forwarded me a letter she received through the post, detailing the lending streams intention to claim a CCJ against me, to the amount of £421.47, at this time, i have no break down of how the sum was arrived at, any calculations or interest it has occurred. During the confusion with my mother and everything else, i had all but forgotten that the loan even existed, and any correspondence relating to the loan, its defaults, assignments to DCA and attempts at communication had been being sent to my ex partners address, which she was marking as RTS and returning, it was the only address i had to give over at the time of taking out the loan, and i was due to update them as soon as i had completed my move, which unfortunately never happened. My mobile phone broke a little while before i took the loan out, and i never had the money to afford a new one, to take out the loan i needed to put a contact number so i just put the one i had, so they may have tried to contact me on that, but i was never aware.
I am also only on carers allowance, which is my only form of income (its not a great deal of money)
I have completely missed any attempts they have made to contact me, and i had honestly forgotten about the loan, and it was not being brought to my attention.

As far as i am aware, the court proceedings have not begun, the only action i have taken is Acknowledgement of Service, and informing the court i intend to defend the whole claim, i didn't know what else to do.

Please can anybody advise me what actions i should take before filing a defense, can i contact the DCA and explain my situation as i have above and would they consider cancelling the CCJ claim? Do I have to seek legal advise, because i have absolutely no idea how to prepare a defense? Can i stop this from going to court?

Any help, support or signposting would be a huge help and greatly appreciated.

Thank you.

Marktheshark

Knebula wrote: »

Hello!
I was hoping to get advice on a CCJ claim against me that has recently been brought to my attention.

lending streams intention to claim a CCJ against me, to the amount of £421.47, Can i stop this from going to court?

Any help, support or signposting would be a huge help and greatly appreciated.

Thank you.

Edited to what is relevant.
Advice : without the contract we can not give advice, but if the contract is good, you took a loan and did not pay, they will get a CCJ.

To avoid court, you can pay the full amount,

Knebula

Am I allowed post the contract here?
Its about 9 pages long!

I cannot afford to pay the full amount this is my concern, I'm on minimal benefits.

[Deleted User]

I suggest you contact them and try to reach agreement on a payment plan.

You may get lucky, or they may proceed with the CCJ.

Marktheshark

If you can not pay the full amount, take a full and exact finance expenditure to court and you can request the ccj be set in instalments.
The judge will decide what you can afford,

fatbelly

Asset collections are notoriously incompetent. However, they have started a claim and you have acknowledged service. You only have till 28 + 5 days from issue date to submit your defence. Go to

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

for help to defend it

sourcrates

fatbelly wrote: »

Asset collections are notoriously incompetent. However, they have started a claim and you have acknowledged service. You only have till 28 + 5 days from issue date to submit your defence. Go to

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

for help to defend it

Told you we’d be seeing more of these fools didn’t I !!