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Given CCJ by one DCA while paying debt with another DCA

Hi,

I have a NatWest credit card debt of £560. I started getting letters from Regal Credit Consultants DCA last month for payment of this debt. At the same time I got a CCJ application sent to me issused by Northampton Court on behalf of Fredrickson/Bryan Carter & Co Solicitors. The last time Fredrickson/Bryan Carter had wrote to me was last September.

I phoned NatWest to ask why one DCA was taking me for a CCJ while another (new) DCA has just started collecting payments from me. NatWest said Fredrickson/Bryan Carter were no longer collecting this debt on behalf of NatWest and that NatWest had passed my file to Regal Credit Consultants and that there will be no CCJ and they had not asked Fredrickson to take me for a CCJ and told me to continue repaying with Regal Credit Consultants.

Now today, I got a letter in the post saying that the CCJ has been entered against me and that I have a month to pay it.

I'm in a total mess here, I now have a CCJ for a debt that I'm already currently repaying.

What do I do?

Comments

  • Nilrem
    Nilrem Posts: 2,565 Forumite
    Part of the Furniture 1,000 Posts
    I'm no expert by any means but has the CCJ actually been awarded?
    If it hasn't and has just been applied for there should be a letter from the court which allows you to put your side of the story (as it were), explain in that what has happened, and include any letters/receipts showing the payments to the other DCA and from Natwest.

    If it has been awarded I think you have a short time to appeal against it, again you'll need the right forms etc and to include the reasons (as before include an explanation that you're already paying it and any receipts) - there may be a fee to pay for it to be appealed (I'd hope if the CCJ's been applied for wrongly like this it would be waived or paid for by the party that applied for it).
    I beleive the paperwork should have the number of the court etc that you can ring to get the right forms sent.

    Someone will no doubt be along shortly with a better, more accurate explanation.

    Most importantly don't panic, if it's how it sounds it's a complete balls up by the DCA that applied for the CCJ and I would think can be sorted without the CCJ remaining on your credit record (as mistakes should be removed from it).
  • [Deleted User]
    [Deleted User] Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    When the CCJ claim came through thats when I phoned NatWest to see what was going on, NatWest juat said they were not dealing with Bryan Carter now and that my file was with Regal Credit and to just ignore Bryan Carter. Now today in the post I got a letter from the court saying the CCJ as been awarded, or will be if I don't pay up within a month.
  • Nilrem
    Nilrem Posts: 2,565 Forumite
    Part of the Furniture 1,000 Posts
    Bump for the experts.

    In that case I think you need to apply to have it set aside explaining the reasons, but it's slightly more complicated than if you were disputing it with the court earlier (as I say i'm no expert at all but there are some great people on here who know it pretty much inside out and will hpefully be along soon).
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Lee - did you get this resolved? Pretty sure you only have a finite amount of time to send in your reply or a judgement goes in the DCA's favour.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • [Deleted User]
    [Deleted User] Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I've sent in the form to apply to have it set aside. I've read loads about Bryan Carter CCJ's on the Consumer Action Group forums. Natwest were no help at all.
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