Collections and Recoveries/BOS/CCJ. HELP!!

OLIVE.FAMILY · 22nd July 2008, 18:09

Hi all,

I think my husband has just got himself a CCJ and I am not really sure what to do with it.

He has a personal loan with The Bank Of Scotland. We were under a debt management plan but they were useless and we were paying them extra each month. In the end we decided to sack the DMP and take it on ourselves. I have been slowly going to get all mine and my husbands charges back and CCA ed various others. Time has gone very quickly and before I knew a it several months have passed.

In the mean time I had neglected to inform Bank Of Scotland our plans or even get the account to being in dispute. I was going to pay a lump sum with the money I will get back from charges (confident little soul I am) and hopefully get a little more knocked off because of the charges they would of added and see what was left at the end

This morning hubby gets a letter from Northampton County Court titled Judgement For Claimant.

Not too sure what to do now really. Can he still go for charges with this or dispute itwith a CCA.

HELP

Olivesxx

jowalshy · 22nd July 2008, 18:49

Hi there. you will need to put in a defense aginst this claim. e.g you do the claim from a defendants point of view to reclaim the charges. There have been a few people in this situation and I will try and dig up some of the threads for you to see what you do.

jowalshy · 22nd July 2008, 18:56

Here is one:-

Requesting advice on mums behalf.

OLIVE.FAMILY · 22nd July 2008, 23:18

Thanks for that.

Now reading that post i am beginning to wonder if this is actually a CCJ. I cannot recall receiving any court papers or bundles. TBH not too sure what hubby should of got but would of expected a large amount of paper work. There are no real details of the case on this one piece of A4 paper.

It just says that hubby has to pay £14000(not exact figure) plus £190 costs. The impression i got from the other tread is that it should have an explanation of why Collections and Recoveries are taking this too court.

Do the DCAs just send out copies of these as scare tactics????

I will try and work out how to post a copy of this on here but usually my scanner scans them with too many pixels or something

Olivesxx

OLIVE.FAMILY · 28th July 2008, 16:32

Hi all,
It seems that BOS already have there judgement from the court. Hubby had a letter from BOS saying he had 14days to settle the debt or the will be going for attachment of earnings ect. I found a letter threatening court action but didnt get a letter with a court date or anything like that.

Is it to late to send a CCA letter? If it is what can i do to stop this.

Olives xx

OLIVE.FAMILY · 28th July 2008, 23:48

just looked at mcol on line and they definatey have a judgement against hubby saying pay all off £14000.

HELP!!!

OLIVE.FAMILY · 29th July 2008, 13:33

BUMP HELP PLEASE

olivesxx

reduk054 · 29th July 2008, 19:17

Hi Olive, it needs to be established whether the case has gone to court and whether the court has issued an order for the debt to be repaid. Are there any dates on MCOL or any paperwork, you mentioned a letter sent to your husband about attachement of earnings?

If the case has not yet been heard then you could still have time (within 14 days) to enter a defence. You would need to fill out the defence form, but if you don't have any paperwork from the court, then the judgment would say "in default". you may need to go in to your local court for more info about this side, because this is going out of my level!!

If the judgement has been passed, then my understanding (which is limited!!) is that you can apply to the court to have the CCJ "set aside". I assume that you are considering the charges placed onto the account as a dispute over the full amount that the CCJ is for.

I dont think at this stage that the CCA is going to help you...in my opinion, I think that the importance needs to be placed on where this CCJ is at!
Red

OLIVE.FAMILY · 6th August 2008, 16:03

Hi there
Sorry it has taken me so long to post this. Kids of school means I havent had chance to sit and work out photobucket. Any way I hope this is the way to link to photobucket. If not please tell me how to do it.

This is the order hubby got from the courts. Can he still make an offer to pay. We do have mortagae arrears so as this is a unsecured loan can we get away with token payments. Obviously there are charges on this aswell so we dont owe this much (although not much difference i dont think)

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OLIVE.FAMILY · 6th August 2008, 18:04

OK. This is a CCJ. I didnt get any court pack saying that this was going to happen.. Did get a letter thretening it would from the BOS. Just didnt act fast enough as I was going to CCA them. Got kind of caught up in lots of other CCA and charges that I am doing.

I know that I can apply for this to be set aside. I obviously need my resaons though. Can I still CCA bank of scotland?

Olives xx

reduk054 · 8th August 2008, 23:15

Hi Olives, am not sure about this one, but hopefully can bump it up so that someone who knows more can help...
Red

OLIVE.FAMILY · 9th August 2008, 23:29

Anybody help please !!

OLIVE.FAMILY · 12th August 2008, 00:17

OLIVE.FAMILY · 12th August 2008, 11:49

bumpety bump

andyorch · 12th August 2008, 11:57

Quote:

Originally Posted by OLIVE.FAMILY

OK. This is a CCJ. I didnt get any court pack saying that this was going to happen.. Did get a letter thretening it would from the BOS. Just didnt act fast enough as I was going to CCA them. Got kind of caught up in lots of other CCA and charges that I am doing.

I know that I can apply for this to be set aside. I obviously need my resaons though. Can I still CCA bank of scotland? Yes

Olives xx

Regards
Andy

OLIVE.FAMILY · 12th August 2008, 14:11

Excellent. Not sure if it will prove anything though.

Sorry just thought of something else. We had creditcare on this and have made a claim. Will this cause any problems if BOS dont have a valid credit agreement?

olives xx

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