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Old 26th May 2007, 20:46   #1 (permalink)
Fully_charged
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Watch out, there are Claims Touts about!

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Default CC Claim

hello all,

wonder if anyone can help! I took the cooperative bank to court over charges and they settled by writing off the charges. I had an overdraft on my account with them which was passed on to a debt agency and i was on a repayment plan with them. I failed to make the monthly payment last month and they have now sent me a county court claim for the whole outstanding amount. Should i defend or should i come to a payment agreement again ( the only thing being it says on the CC form that if i go for the agreement judgement could be issued against me?), i'm confused.

Any help would be greatly appreciated.

thank you

FC
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Old 30th May 2007, 01:55   #2 (permalink)
aheaps
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Default Re: CC Claim

If you can't afford to settle the amount in full then you need to go to court with a realistic payment offer based on your income and expenditure. If you do not go to court, then the judge will rule in favour of the collection agents by default and issue a judgement for the full amount. But, even if this happens, you can apply for a variation order to ask the court to reduce the amount to something you can afford.

List your total income and then all your outgoings - include money for clothing, hobbies and social life, but be sensible. Add it all up and then take it away from your income. What's left is your 'disposable' income or spare cash which can be used to pay your debt. The judge will not make you pay what you can't afford.

You will then end up with a CCJ which means that if you miss any further payments the creditor can take further action such as bailiffs or attachment of earnings (money taken straight from your wage).

Andy.

Last edited by aheaps; 30th May 2007 at 01:59. Reason: Additional info
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Old 30th May 2007, 03:10   #3 (permalink)
dx100uk
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Default Re: CC Claim

Quote:
Originally Posted by Fully_charged View Post
hello all,

wonder if anyone can help! I took the cooperative bank to court over charges and they settled by writing off the charges. I had an overdraft on my account with them which was passed on to a debt agency and i was on a repayment plan with them. I failed to make the monthly payment last month and they have now sent me a county court claim for the whole outstanding amount. Should i defend or should i come to a payment agreement again ( the only thing being it says on the CC form that if i go for the agreement judgement could be issued against me?), i'm confused.

Any help would be greatly appreciated.

thank you
FC
urm.........a DCA sending a county court claim?
are you sure this is a genuine document, has it an official court stamp & name of issuing court on it?
common ploy by a dca to send out 'fake' forms, made to look like official docs.

not worth the paper it is written on if it has not.

dx100uk ........
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Old 5th June 2007, 15:40   #4 (permalink)
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Default Re: CC Claim

Quote:
are you sure this is a genuine document, has it an official court stamp & name of issuing court on it?
common ploy by a dca to send out 'fake' forms, made to look like official docs

It is a genuine document with an official court stamp and name of issuing court
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Old 5th June 2007, 15:44   #5 (permalink)
Fully_charged
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Watch out, there are Claims Touts about!

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Default Re: CC Claim

btw the claim is issued by the co-operative bank not the debt agency, looks like the agency has passed the debt back to the bank.
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