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ccj helpppppppppppppp

135

Comments

  • louise1111_2
    louise1111_2 Posts: 28 Forumite
    is it northampton court? what name is listed as the claimant? has the debt been passed from HSBC to Cabot (is that who you mean?) and then onto someone else?

    i can help with the defence but you need to answer my questions so we know exactly what is going on.
    do you wish to defend the whole claim? have you cca'd them? are there charges added to the account?
  • nov1970
    nov1970 Posts: 16 Forumite
    Hi no had nothing in writing all done over phone and as far as i was concerned debt was being paid off by direct debit, nothing sent to me about payments not being made
  • nov1970
    nov1970 Posts: 16 Forumite
    Yes it was northampton court, and yes hsbc passed on to cahoot who sold on to someone else without letting me know will re look at forms and let you know all other info, soz but dont know what ccad means! thanks.
  • ok.
    cca - a request for a 'true copy' of the original credit agreement that you signed with hsbc. (i can give you template letter to send)



    right - first thing is to acknowledge claim. you must do this

    when thats done - if you wish to defend full claim you can send defence to court. (i will help with that if you want)

    then - send cpr request to claimant. (i will help with that)

    you will normally get a letter back from court stating the claimant has 28 days to supply you with info that you asked for in the cpr request.

    thats enough to be going on with i think! it may sound a bit complicated but it will be ok!
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    CCA'd = requested a copy of the customer credit agreement (CCA)
    I'd also request the Notice of Assignment. Letter from previous owner of the debt stating that they are selling it on to another party.
    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
  • nov1970
    nov1970 Posts: 16 Forumite
    Just checked my bank account and last payment was made to CABOT FINANCIAL on march this year but clainmant on court forms is Phoenix recoveries address for payments is bryan carter & co solicitors outstanding debt is 2894.38 with interest and court fees addes up to 3195.14! Omg
    Which part of forms do i need to return defence/counter claim or admission form??? Or do i just bite the bullet and ask my parents to lend me the 2500 i was told to pay the solicitors to withdraw all claims of the ccj! So stuck dont know what to do.
  • louise1111_2
    louise1111_2 Posts: 28 Forumite
    hello!
    sorry for not replying sooner.

    have you acknowledged the claim online yet? you MUST do this

    ok - you need to make a decision

    do you want to counter claim - when you claim against them because of all the charges on the account.

    if you want to defend all the claim i can send you a defence.

    if you want to admit the claim - fill in the expenditure part and return it to the court.

    it is really up to you how you play this. whatever you choose, we will help!!
  • I'm in a similar position with equidebt. So have been reading this thread with interest. Any help would be sooooo appreciated, feeling very stressed st the moment. Hope you don't mind me jumping in the thread :o

    What happens if I defend by asking for the cca and it is produced? and the notice of assignment
    can I acknowledge then decide what to do?

    Thanks.
  • louise1111_2
    louise1111_2 Posts: 28 Forumite
    Hello fanof

    do you have the court forms? who is the claimant? is it a credit card?

    if so, absolutely acknowledge first otherwise they can get judgement by default.
    after you acknowledge, send the defence to the court, and the cpr request to the claimant. the court usually reply that they have 28 days to get the info to you.

    if they do provide the info check on the statements if there are any charges added to the account. at least you can counterclaim for these

    i will help with forms if you wish
  • Thanks for the reply Louise.

    I have got the forms, the claiment is equidebt and I think the money is for a credit card. The total including fees etc, is under £5000 some help with forms etc. would be a help as I'm tempted to admit and fill the income form etc. but I would really like to defend. I'll log on and ackmowledge tommorrow and take it from there.

    Thanks.
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