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debbbbsy last won the day on December 6 2010

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  1. HI Sorry for not responding sooner. If you didn't recieve the court docs you should have made an application to set a side the original CCJ. Have you done this? When was the CCJ gained? debbie
  2. Hi If you can show the courts that you always responded to previous demands from DCA's and you had put the account in dispute. That had you recieved a demand from this DCA and a Claim you would have responded and defended accordingly. With Northampton, the best way to achieve a resolution is to phone them, get a name and a contact email address. Send the email as a complaint that way they have to deal with it quickly. Give them as much info as you can, list every DCA that has had this, with time lines and dates.Be polite, but also be firm. My husband got a CCJ by default because they made a mistake, his defence was filed on time but they didn't upload it onto the system. It took 2 days, numerous phone calls and finally when I sent an email threatening a counter claim against the court , the CCJ was set aside that day. It is also important to find out what MDKP have,send a CPR 31.14, and copy the courts on this. Point out that you would have sent this had you recieved the court docs. If they had failed to comply with this request, but proceed with the claim you would have attached a Disclosure request with the allocation questionairre. I think if you can show the courts that you have an understanding of the court process, and you had a solid defence they will have to consider your application for a set a side. It is odd that you did not recieve the cliam form. But no post is guaranteed.
  3. I would respond, I always have.Simply make them aware that this is a converted storecard and any court action will be defended and furthermore a counterclaim will be issued against them for costs. Refer to the Mayhew case, and the fact that is has been determined in law that the Upgrade of a Storecard to a Credit Card was not a valid process. Debs x
  4. If you know were the car is, you own it, you have the log book and are liable for the loan, take possession immediately. Unless you have a written agreement with her, she has no legal entitlement to retain the car. The police were wrong to walk away. Contact a local garage and arrange to have it removed to a secure place. If she wants it back, she'll have to take on the loan and pay the costs. If not sell it or hand it back to whoever you owe the money too. Simple.
  5. Was he a private mini cab or part of a larger group. If part of a larger group, you should phone them and complain about his behaviour, at no point during your converstaion should you admit liability or that you hit him. simply mention the incident but refer primarily to the rudeness. If there was no damage to your bumper, what makes you think you caused the damage to his bumper. It may have been pre-existing. If there were no other witnesses. Do nothing. You could argue, he hit you. Thats why you exchanged. As for your insurance company, it depends who you are with. Admiral are ****, they will mark it on your record even if you don't make a claim.
  6. Sounds like a standard threatogram. Personally, I'd hit them back with the same kind of threat, do a bit of research into this company, they appear to deal specifically with Stat barred debts and other consumers are reporting them to Trading Standards. Debs
  7. Post judgement interest can only be applied if an agreement existed which included a post judgment interest clause. It all depends on the contract you signed with him. Had the bank come after you directly, Consumer law specifically prohibits the application of post judgment interest to overdraft debts. WRONG ADVICE. The Judgdment debt is the amount owing at the time the judgment is granted regardless of the type of debt. For PJI to be applied, the claimant must when serving a Default Notice, refer to what type of debt it is, the agreement which regulates it and specifically if PJI will be applied. The agreement between the claimant and plaintiff referred to and relied upon to enforce judgement must contain a PJI Clause, and finally it must be specifically mentioned in the POC. You did not ask him to pay this overdraft debt, had the bank come after you the CCJ would be frozen, no further interest applied. I would therefore consider it unfair for him to impose interest on this debt. Challenge it. Debbie x
  8. When you refer to the debtor as only earning £60 per year from a pension, is the property joint owned ? Did you attend the charging order ? The CCJ/Charging order is only for the equity portion of the debtor and I'm pretty sure they can't force a sale. It simply sits as a restriction on the land registry, so when it is sold, they get there money, I have seen cases were the restriction does not necessarily guarantee payment. I strongly suggest you start a new thread and give us a bit more info. Help will come once we have all the facts. Debbie
  9. Hi, Every case is different. It all depends how much you owe and how much you are paying off. Also, is their enough equity in the property. Get a realistic valuation of your property and how long it will take to sell. All these factors are vital. For instance, if their is no equity and your payments are minimal........you are in a stronger position to negotiate a full and final settlement with the creditor, they may accept a reduced settlement rather than sit and wait. You say they are adding Post judgment interest. Did the T&C's of your original agreement for the debt contain a PJI clause ? Debs
  10. You need to tread very carefully. You haven't given any info on your case, but £20k is alot of money. Have you signed a contract yet. This should outline all the costs and what they are going to do to help progress your case, and should also have a definitive figure. Request a full breakdown of what you have paid for so far. The advise given should justify what you have paid. I strongly suggest that everything should be in writing unless you have the ability to record phone calls. They will lie when cornered. This is a **edit** company. Don't pay anymore money unless you have a written assurance that they will provide the service you want. Don't be afraid to walk away. Don't be drawn in just because you have already paid £300. Debbie
  11. If you have no assets, a low income which only covers your overheads, are not employed in the financial sector......why not look at bankcruptcy as an option. It maybe a blessing, if this debt is so high....why be burdened with it indefenitely, when atleast bankcruptcy will give you a defintive end and an opportunity to move forward.....look at Richard Branson, he was a bankcrupt, didn't stop him. Look at this option seriously, especially if they are going to foot the bill. Realistically, you haven't given us any figures. How much you owe and how much you are paying each month.....How long will it take you to pay this off ? Personally,if this a large debt, I'd call there bluff. Write a response, making them fully aware of your financial situation, list your assets and income, stop making any more payments and say that you accept there offer to make you bankcrupt. Debbie
  12. You could contact the court and find out to which address the papers were originally served. If it is not your current address, than yes you can apply to have the CCJ set a side. It really depends on what the value of the claim is, and as you say you admit the money.
  13. Oh by the way, the provision on my charging order doesn't even stiplulate that I have to make monthly payments. The charge is for £39,000. No interest to be applied. No application for a sale notice. No monthly payments.
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