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CCJ question/ What do i do?

Hi everyone.

A couple of months ago I received a CCJ to which I replied. I filled in the form advising that whilst i do not deny owing the debt, i disputed the amount owing. I have received two letters from the DCA advising of two amounts and then the amount on the CCJ was different aswell. I wrote a letter to the credit card company advising that i disputed the amount but would be happt to come to an agreement to settle this. I sent a copy of this to the court. The court replied and advised that they had referred the matter back to the creditor who would be in touch. I haven't received any correspondance until yesterday when i received an Allocation Questionnaire from my local court regarding the matter. It asks if i want to use a mediator and dates that i cannot attend court hearing. On the notes provided it suggests to contact the creditor to come to an agreement before it goes to court. So i called them but the lines were busy and i had to leave a message.

In my panic, i went to see the CAB. They were useless and agreed that i should just contact the creditor directly.

So as I only have about two weeks to fill in the questionnaire and return it to the court, can anyone provide any valuable information as I do not want to attend a hearing.

Many thanks guys!
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Comments

  • excel1
    excel1 Posts: 95 Forumite
    not to be picky but it is a county court summons you havent lost yet!!
    I would persist with ringing them(not usual for me to say that) who is the DCA?
    have you done a CCA request, or a SAR request for the info?
  • May
    May Posts: 170 Forumite
    hi there. the DCA is Capquest!!

    I had the form from Northampton court and it was them that i filled in the form and returned it to. Someone helpful on this site told me it was a CCj.

    The new form that's come from my local court states that i shold fill in dates that i cannot attend a hearing - list any witness' and experts i'd like to call and asks if i want to use the Mediation service as this can settle disputes before it goes to court.
  • RAS
    RAS Posts: 35,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK

    By disputing the amount, you have managed to get the hearing referred to you local court.

    HAve you sent Crapquest a CCA letter? To confimr that they are legally entitled to collect the debt?
    If you've have not made a mistake, you've made nothing
  • May
    May Posts: 170 Forumite
    I sent them a letter which i copied to the court up north and stated that i didn't deny the debt only that i disputed the amount. I have two other letters that i found from last with two different amounts and then the ccj had a different amount, so three different figures in total. But anyhow, I advised CQ that i wanted to come to a mutual agreement with them on what was owing, and they never replied to that letter. This was only about a month ago when the court advised that I would shortly hear from CQ so for the benefit of administration i hung on a bit to in order to hear from CQ.

    (hope i haven't waffled and that the above makes sense)
  • RAS
    RAS Posts: 35,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is a CCA letter, which is used to confirm that the debt is actually owed by the debtor to the creditor.

    if you have not sent this to crapquest already, you need to do so now.

    it goes with a £1 postal order, registered post and you print your name.

    if they do not send the required documentation in 12 working days plus 2, then they are in default.

    theThe Loan Company
    Company House,
    Church Street,
    Newtown,
    Kent,
    R1 7HG

    Dear Sir/Madam

    Re:− Account/Reference Number 4563210025897412

    I do not acknowledge any debt to your company.

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

    1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

    We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    We look forward to hearing from you.

    Yours faithfully
    Mr A N Other

    Edit: If this is the one then remember not to sign it, just print your name!

    If you've have not made a mistake, you've made nothing
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Indeed, it actually looks as though a 'CCJ' may not yet have been issued - when did you write to the Northampton Court?
    If it was on receipt of the 'claim' (summons) and you filled in the 'defence' part of the claim, then this would have, almost invariably, been referred to your local county court, as Northampton is a 'bulk handling centre' which tends to rubber stamp claims against which no defence has been entered.
    You need, as RAS says, to formally request, from CRAPQUEST, a true copy of the original signed consumer credit agreement and statement details. There is a statutory fee, of £1.00, but if you request both cca and statement at the same time, then you only pay the single fee.
    For more information, and a template letter that you can send to CQ, have a look at the following link:

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

    Indeed, you should do this even if a CCJ has been issued, and you have requested for it to be 'set aside' - the information will show whether CQ have the right to pursue the 'debt' and whether the 'debt' is correct or even legally enforceable.

    Edit - the advice and letter that RAS has posted is the same - I've just been having problems with my computer - took over 15 minutes to post my reply - sorry.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • peb
    peb Posts: 1,967 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Guys, I'm not sure if this is right - the OP has already written to the Court and the DCA admitting the debt?

    Have I missed something?

    Otherwise I would suggest that the OP takes copies of the correspondence requesting an arrangement together with copy SoA to the hearing; s/he can then show that s/he has tried to come to an arrangement and it is likley that the judge will accept this and bollock hte DCA?
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    peb wrote: »
    Guys, I'm not sure if this is right - the OP has already written to the Court and the DCA admitting the debt?

    Have I missed something?

    Otherwise

    OP is not disputing that there is 'a' debt - it's the amount of the 'debt' that is in dispute and the dca 'CRAPQUEST :rolleyes: ' has been giving conflicting information. OP needs to know the correct amount.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • penguin83
    penguin83 Posts: 4,817 Forumite
    Part of the Furniture Combo Breaker
    The way i read it is that you have filed a part admission which capquest have rejected and so therefore the claim will continue as a defended claim. The allocation questionnaire you have received is to help the court allocate the case to a track for the trial (which is when the case will be decided).

    You only have a limited amount of time to fill it out or your defence/part admission will be struck out leaving capquest at liberty to enter judgment. Take the AQ to the CAB if you can to get help filling it out - it looks worse than it is.

    Apologies if Ive got the wrong end of the stick May x x
    Pay Debt by Xmas 16 - 0/12000
    There is something about the outside of a horse that is good for the inside of a man.
  • May
    May Posts: 170 Forumite
    Thanks Guys

    I am confused a bit now - should i still send the postal order and request for CCA and if so - should i still fill in the allocation questionnaire but advise the court of my request from cAPQUEST? I've got till the 29th May to return this questionnaire.

    CAB are useless - went to see them and had no advice as never seen the form before!
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