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Egg obtained a Judgement by default against me. I have never CCAd them. I have today received Interim Charging Order. I have had depression for 2 years but am now ready for the fight (if there is one I can have)
Thanks for any advice
Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth
There was PPI at the begining yes, which I never asked for. (as far as i can remember). This is on a credit card
Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth
whoops, buried my head in the sand a little with this one.
Egg obtained a Judgement by default against me. I have never CCAd them. I have today received Interim Charging Order. I have had depression for 2 years but am now ready for the fight (if there is one I can have)
Thanks for any advice
Hi Isiris,
I take it from the above Egg obtained a CCJ against you when you boycotted the court hearing -- not the case that you did not receive the summons or you were abroad and unaware. Under these circumstance it would be very difficult to request the court to set aside the CCJ imposed on the day you chose not to attend court? If the CCJ stands then hard to reject the charging order.
However there may be a chance to reduce your adjudicated liability and thereby the amount of the Charging Order. The courts have recently turned big time against lenders who missold PPIs, now giving the consumer the benefit of the doubt and forcing refunds. In the most extreme case the judge deemed that the lender grossly missold PPI and misled the consumer. Not only did he order a full refund of all PPI instalment payments but for good measure he ruled the entire outstanding balance owed to be wiped clean. Have to say that was the only instance I have read about, not the standard outcome of PPI court cases.
That the trend of PPI fights swaying towards the consumer can be seen from the following threads, including recently where Egg promptly gave up the fight before it began. Refund of PPI and penalty charges would reduce your outstanding balance not obliterate it.
If you believe there is mileage in a CCA fight over legal enforceability, well your case has already gone to court and been enforced. It is like when the vicar said at the wedding "Speak now or forever hold your peace."
For CCJ, charging orders, etc the better Egg forum to read and ask questions would be Legal-Issues.
Chin up, and good luck! If it makes you any happier Egg's owning bank is in much worse trouble than you.
The UK needed 60 years to pay back the national debt borrowed from USA in 1940 in the form of armaments for the survival fight against Hitler. Despite this millstone round the national neck, during 6 decades since, life in the UK managed to see the bright side.
Iceland, a nation of half a million, is now many times bankrupted to an unthinkable extent, both their government and private citizens. But Icelandic life goes on. The earth has not opened up, Icelanders continue to eat, continue to make friends and get married. The Irish governent are borrowing 600 million euros each and every day to pay bills -- debts plus interest which will have to be repaid over a whole generation, with imminent unemployment, cut in earnings and rising taxes unavoidable. The UK and USA governents are printing money night and day . So, welcome to the club. If it makes you feel any better, the best people are in this club.
When debts versus income are such that physically there is no possibility for them to be repaid in full, no point worrying about it. Creditors should have known better than to over-lend to an insane degree, they are part responsible for creating this situation. debt collectors will eventually realistic there is no blood to be got out of a stone. Debtors can only do what they can, a poor person still needs emotional and mental wellbeing.
I cannot say I have heard of any law courts accepting clinical depression as a reason to suspend debt collection. If anybody else knows different they can say so. To read about others in the same boat,
click the blue SEARCH bar at the top
click ADVANCE SEARCH
input "depression" as search key
specify "post" rather than "thread"
press SEARCH NOW