Yes, of course I'm happy to post further details. Just tell me what you need. Thank you.

Thank you. How do I flag this?

It's a private debt.

Apparently if you don't attend an oral exam hearing the court has the power to send you to prison.

He's missed one oral exam hearing and a suspended committal order was made, presumably to encourage him to attend the new hearing.

He agreed an instalment plan to avoid having to go to the hearing but

he's now in arrears and a new hearing date has been requested.

Presumably if he doesn't attend this new oral exam hearing, the committal order, currently suspended, will become live?

Yes, an instalment order.

He paid one monthly payment but that was all.

The creditor requested an oral exam hearing.

He got scared and didn't turn up.

The court made a suspended committal order.

He's now in arrears on the monthly payments and the creditor has made an application for a further oral exam hearing

and the committal to become live if he doesn't show.

Presumably the only way to avoid going to court is to try to find the money to repay the ccj,

but he doesn't have any funds...

A friend of mine (not me but a close friend) is considering a debt management plan to help with his debt problems.

From reading I see debts are prioritised but

what happens to those debts which are not priority but

where there is a ccj already in place and

where he hasn't kept to the agreed payments?

If this isn't the right forum, perhaps you could report for me.

Thanks.

Not sure whether this the right board (perhaps someone will redirect if not)

I've been making payments in accordance with the terms of a court order and the debt will be cleared in 13 years.

The (new) DCA says my arrangement is due for review

and wants me to complete income and expenditure together with an outline of my circumstances

and where I expect to be in 12 months!

Should I do this?

I thought once a court order had been set only the court could vary it

and then only if one side made a suitable application.

I recall the CCCS telling me that as an unsecured debt the DCA wasn't

entitled to such info as they are now requesting.

Is that correct?

What should I do?

Thanks

thank you. under "address links" it states

1. from...(my current address and where I have lived, exclusively since 1994)...most recent source of link:orange

last confirmation date 5/05/2009

2. To .....my ex girlfriend's address....earliest confirmationm date 05/05/2009.

there isnt any financial association declared with my ex gf.

Can I have this linked address removed and if so, how?

Thanks

so, should I add a note on my credit file stating that ive lived at my current address, unbroken, since 1994 and have never lived at the linked address, nor have I appeared on the voters roll.

ah, thats a possibility, but it was over 5 years ago. I vaguely recall that she couldnt get credit so i opened an account, all the bills were sent to her but with possibly in my name. But I never lived at the property. Does this mean im stuck, forever and a day, with this entry on my credit file???

im not sure whether this is the correct forum but no doubt someone will be kind enough to move my post if necessary.

Ive received a copy of my credit report and note a linked address dating back to 2008. I know of the address- it was that of a very short term girlfriend- but i never lived there, never obtained credit using the address and was never on the voters roll. Ive queried the entry with call credit and they tell me it was supplied by orange who are refusing to remove the entry.

Given that i have lived at my existing address since 1994- and am on the voters roll throughout that time- how can I get this incorrect entry removed.

Thanks

ok,

it looks as though im out of options, and luck.

Also I cant afford my employer to see a CCJ against me so

can someone tell me if i settle the claim either in full, or at such a figure as the claimant will accept

and advise the court that the claim has been paid in full,

will the ccj still appear and

if the answer is "no"

what should I do,

what action should I take, to ensure the CCJ doesnt get registered.

Thank you

my local court, not Northampton

Andy, thanks.

The defence may be found at post # 17.

In addition, I queried the sum claimed as there was a discrepancy, albeit a small amount, between the statements provided.

I did NOT defend on the basis of a CCA provided out of time as I was told this was not irrelevant.

I tried to contact the solicitors for the claimant, by letter, without reply.

I write to the Northampton court on 13th Nov suggesting that as the claimant had not responded to my attempts to make contact,

nor had indicated a willingness to attend mediation, that their claim be struct out.

The Northampton courts letter of 8 nov states the matter will be tfrd to my local court and that i would receive directions.

Then i receive the judgment!

I cannot afford to pay the full sum, which is stated in the order.

At the very least can i make an application to the court to hear this matter so that I can agree an affordable monthly payment programme?

any help would be much appreciated.

also...

letter of 8th November

to all parties

a defence has been filed. if the defendant is an individual the claim has been transferred to the court covering the area where the defendant lives....the case will be referred to a DJ and you will receive directions regarding allocation in approximately 10 working days........

received 2nd class post today...

order dated 21 november 2012

Before District Judge..

.....

uon reading the court file

and upon it appearing to the court that the claim is adequately pleaded for the defendant to understand

and he not denying the debt assigned to the claimant or that valid notice of assignment has been given

and the defence not disclosing any reasonable grounds for defending the claim

IT IS ORDERED without a hearing and to the court's initiative that

1. The defence is struck out pursuant to rule 3.2 94) of the civil procedure rules 1998.

2. judgment is entered for the claimant for ................

3. As this order is made without notice ot the parties a party affected by it may apply

within 7 days of service of it for the order to be varied or discharged.

dated 15th November 2012.

thank you for your help.

thanks, ill try and post the order.

but I dont see how a court to which a case has been transferred

can make a judgment (ccj) without a hearing,

especially one in favour of the claimant when they havent responded to any of my post proceeding correspondence

including the original court's suggestion for mediation.

any futher help would be most welcome.

update..

..the northampton court suggested mediation.

I indicated i was willing for a mediation hearing and advised sols for the claimant.

I heard nothing.

I also sent details of my debts to the claimaints solicitors...heard nothing.

The Northampton court then indicated they were transferring the matter to my local court..

Ive now received a leter from the new court saying that they have reviewed the papers.

..they dont believe there is a defence,

and that they have given the claimant judgment.

Help please..

.what do i do now?

Thanks

thank you...the following now received from Horwich Farrelly...

we confirm the Practice Direction 7C- Production Centre sets out the Code of Practise for using the Bulk Centre.

You are incorrect that a claimant cannot use the Bulk centre. Paragraph 1.4 (4) states "The requirement in paragraph 7.3 of Practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims issued by the centre...."

We note however you are aware that this claim relates to a credit card number...provided to you by Sainsbury's. The balance of £.... was assigned to our client on 14th November 2007.

We enclose herewith :-

1. signed sainsbury's bank classic visa credit card agreement regulated by the consumer credit act 1974 between yourseves and sainsbury's bank.

2. statements of account until 14 August 2007 stating the balance was £(£10 less than the sum claimed).

We therefore look forward to hearing from you with your admission of the claim. We enclose form N9A for your completion and return. This will avoid incurring further legal feeswhich, if successful, our client will be looking to recover from you.

Thoughts as to how to respond anyone? Thank you.

no, I live in England.

No, im based in England.

Thanks for your help.

chronology

27 March 07 last payment made £5.00 to robinson way acting on behalf of sainsburys

26 April 07 Sainsburys write to say considering selling debt

24 July 07 Robinson way write to say debt purchaed

4 Sept 07 wrote requesting CCA

12 Sept Robinson way acknwledge receipt of payment made on 27th March 07. This reduces balance to level in claim.

thank you

Citizen B

no, they have not complied with this.

How should I plead this matter?

Thanks

thank you.

Given that i asked for a copy pf the credit agreement and then received a letter stating it couldnt be found, can i defend on the basis that the document now produced is out of time?...this in addition to any other defence you suggest.

Thank you all...

Claimant : Robinson Way Limited (Assignees of Sainsburys) R/O London Scottish House, Quays Reach, Carolina Way, Salford M50 2ZY.

The issue date is 6th July 2012

Full Particulars of claim :

The claimant is the assignee of a debt(s).

Notice of assignment was provided to the defendant by the claimant in writing .

Despite demand for payment the assigned debt remains due.

The claimant complied with section 111 and 1V and annex B of and the claimant claims

(1) the sum of xxx interest pursuant to S69 of the county court act 1984 at the rate of 8.00% from 18/8/07

to date hereof 1769 days is the sum of xxx future interest accruing at the daily rate of xxx costs.

I hope this helps.

Incidentally, i do not agree the sum claimed when comparing to the statements produced, albeit by £5.00.

Thanks for your help.