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  1. Hello, I wonder if someone could please help me with this? I had TalkTalk as broadband provider back in 2011. I moved property back in June that year, informing TalkTalk by phone that the landlord agreed to continue with the service and we just wanted a change of name. On the 06/06/11 I was provided via email with a change of name form, which we sent via Royal Mail following the procedure that the retentions advisor suggested and paying for all my account balance, canceling the direct debit. My Landlord, who moved back to the time to the property made calls to India (so I knew it was him) and realized that they never changed the ownership of the account, even when I called them months after the mistake, indicating that the form could have probably been lost in the post. Ever since, I've had a series of collection agencies trying to get the money back, to all of them, I;ve explained the same story over and over again until the last one with Moriarty Law, the ones that are now threating me to take me to court if I dont pay the inflated amount of £208.93. I do understand that these companies just buy the debts in a desperate attempt to get money back. I did explain on the phone that I don't owe anything to TalkTalk and how it was possible for them to keep chasing me as I understand that this should be categorized now as barred? I wonder if there's anything I could do or hit them back? I hate people like this chasing me for something that I've already explained, declaring that if they didnt change the name on the account it was their problem not mine and they are chasing the wrong person for the debt. I think after 7 years I've had enough of clowns chasing me for this and believe now that this is an unlawful practice under the limitations act? Can I now take them to court for harassment opening a case in the small claims court? Thank you beforehand for any help you can provide me with. Kindest Regards, GB
  2. Hi All, I was hoping to get a little bit of advice if possible. I recently did a credit report and was disappointing to see a CCJ on my account. I telephone the court today (took 2 days to get through!), and eventually spoke to someone who I gave the reference number to, she gave me the creditor and their solicitors. I was advised to telephone the solicitor to obtain more information. The firm I contacted were Restons Solicitors. The lady I then spoke to was the rudest person I've ever had the misfortune to communicate with! Ever! She tried to get all kinds of information out of me, including my employer! I refused to give her anymore information other than what was on the judgement. She said it was for an 02 mobile phone bill, which was defaulted in 2012. The amount is £678! Firstly, I'm not sure I've ever actually had an 02 mobile phone, but since the contract was apparently taken out 8 years ago, I'm not 100% sure on the matter. Frankly, I've no memory of it. I knew nothing of the CCJ, and was never given the opportunity to defend myself. I asked the lady at Restons to give me further information, and she wouldn't... just said that I have to pay right now, or she'll send bailiffs! Luckily, I didn't give her my current address! The judgement was issued on 11/05/2017.. when I had already moved from my previous address, and thus was not aware of it at all. Restons Solicitors did tell me that their client was Cap Quest Investments. They have allegedly purchased the debt from Telefonica 02 UK Ltd. My concern is that I knew nothing about the debt. I'm not even sure it's legitimately my debt! If push comes to shove, and I have to pay it then I will.. as it's really not a large sum of money. But I don't want the CCJ on my record. I'm going to be looking for a mortgage in the next few years, and as such I don't want it to go against me. The court said that I can file a N244 form, pay £255 and ask a district judge to set aside the judgement. My query is, should I do this? Do I have enough grounds to realistically get the CCJ set aside? And if they do agree to set aside the CCJ, I understand I'll still be chased by Restons/Cap Quest? What's to stop them just going for another CCJ? Or sending bailiffs to my house (they'll likely see my new address from court proceedings?). Does Statute Barre come into play here? Since it's likely to be 6 years from default by now? Any help would be greatly appreciated. Many thanks, Jon
  3. Hi guys, Mid February I was issued with a CCJ after moving house and not receiving the court documents. I have spoken to Citizen's advice who have discussed with me the possibility of a set aside and have sent me the court forms to fill in. I know that I need to act promptly and get this sent off but was waiting to speak to the claimant. I spoke with the claimant's Solicitors and we came to an arrangement for me to pay all money owed and for them to consent to set aside. They were very nice about this after speaking to them and hearing the issues I'd been dealing with and why the debt wasn't originally paid. I have just received a document through the post from them but it is in fact a TOMLIN ORDER, although it does state it it that they wish for the CCJ to be set aside due to sending the forms to the wrong address. I am to sign to agree to the full payment and send back to the claimant. I have been looking up what a TO is, but all information seems to state that it is something used BEFORE a CCJ is issued so I'm just a little confused. If I send the signed TO back will the claimant and court then deal with it and I wait to hear from them? I think that's what it says on the document. Do I still need to send my own N forms to set aside to the courts as advised by citizens advice or does that not need to be done now the claimant is sending the TO themselves to the court? Also, I saw the below comment on another thread on this forum in which someone was able to get a set aside but only after initially being rejected. Is the following true and more likely to be set aside? "In hindsight and a better chance of having the consent order approved would have been to engage a solicitor to send it for you. The court can deal with consent orders as an administration process without involving a judge but that's only if both parties have legal rep." Very confused. Any help appreciated. Thank you
  4. Hey I was wondering if somebody could help me because I am really stressed about a CCJ that I have found out I have today. I was checking my credit score on line and noticed it had decreased quite significantly. The reason for this is because of 2 CCJ's that have been issued to me. On further research I discovered that one was issued at the end of March and one at the start of April. I am going to assume its due to an unpaid private parking ticket but I can't say for certain as I haven't received the letters as they have been sent to an address I haven't lived at for around 16/17 months. Now perhaps I am partly to blame because I didn't let DVLA know quick enough about my address change but I am just really stressing out about the fact that I have these CCJs on my credit file now and I am planning on moving house next month and I am scared it is going to affect me being able to rent somewhere. I am obviously going to ring up the Court and speak with them but they were closed today due to the bank holiday. I am just seeking some advice on how to act. Is it possible that I could ring the creditor and ask to pay then directly if they withdraw the CCJ application or is it too late for that? Thanks.
  5. Hi I recently became aware I had a CCJ for an old capital one debt. The debt had been passed to Lowells some years ago so I presume it is they that applied for the judgement. Judgement Date: 04/06/2015 Amount: £1782.00 I am pretty sure the above debt was statute barred at the time this judgement was received. Reason for this is that I stopped paying this and another debt with Barclays at the same time. I received a CCJ for the Barclays debt in 2011 at least 2 years if not more after I stopped paying, it may have been longer I am not sure. My question is when would the statute bar time start? Is it the last payment date made to Capital One. I have already looked up the template for subject access request and intend to do this tomorrow. As I realise I will need evidence to show to a court. Any advice or pointers welcome Thanks
  6. Dear all can someone please help with a problem i am having with IND. just recently oct 17 i had a CCJ drop off my credit report ( the CCJ was sent to 643a instead of 643 and as a result i never received the CCJ, fast forward 6 years i have had no communication or contact from ind etc, last month when they searched my credit report, i rang them to ask why they were searching my report, they asked me for my DOB and i told them they said they could not discuss anything with me as my date of birth did not match their record, a week later i received a letter and a so called copy of a credit agreement (see below images), i decided to look around on the net and sent them a prove it letter and request for a CCA with £1 for the requested information. they sent the postal order back and said that i should prove whom i am and make a SAR request. as they do not need to send a CCA due to the CCJ. the address 643 is my parents address i have moved out since 2002 to a new address and been on the electoral register etc. can someone advise what steps i should take next, i was thinking of waiting for the 12+2 days to expire and send them a you did not comply to cca request letter is that correct. thank you in advance below is all received and sent letters hotbot.pdf
  7. Hi All, Received a county court northampton form for lowell. An o2 contract. I've asked for proof of this from lowell and as it was taken out online, there isnt much they can prove. They said they have requested statements but these will show blank. Contract was not used, only the phone (which they eventually blacklisted) If i'm honest I lived at the address for a month and have no link to it, which was where the contract was set up and sent to. Can I disagree with the claim and ask them to prove it was me who took out the contract? If not, what can I do? Thanks,
  8. Hi, I've read a few threads today and found the advice very useful. Just wanted to share my specific case to see what advice can be given. I noticed a CCJ on my credit file through clear score registered at Northampton County Court. Today I rang the court and was advised that it was in relation to a PCN from SIP and Gladstones have taken me to court. The case is regarding 2xPCNs at the start of January 2017 outside of my address in privately rented apartments. On at least 1 of the days in question the ticket machine was out of use (I have a photo showing this - although it probably isn't the greatest as it doesn't clearly show where the machine is just the "NOT IN USE" message). A couple of weeks after these dates I moved from my apartment and didn't receive anything from the claimant regarding the claim or subsequently anything from the court. The first time I realised there was an issue was looking at my credit file and finding the CCJ. The CCJ amount is in excess of £400 (inc court fees etc) which is quite frankly extortionate for 2 days parking. I don't have allocated parking in my tenancy agreement. I would like to remove the CCJ from my credit file and have received the N244 application notice from the county court. Any help and advice would be greatly appreciated before I pay the £255.
  9. Hi Please, can you help me? I got into terrible debt many years ago. Abbey tried to repossess my house after a court hearing, but I sold it in time for not much profit. I had loans and credit cards outstanding and I got a CCJ for one of my credit cards who charged me a lot of PPI. It is seven years down the line and my Experian credit score shows clear. What I want to know is, can I reclaim PPI on all my mortgages and loans and credit cards from over the years? I know my CCJ is still enforceable, but this card was the main offender. Thanks
  10. THREAD NOTE: the OP talks of a CCJ this is infact a DEFAULT MARKER ignore the reference to it being a CCJ. dx - siteteam ........................................................... Hi All, the is my forst post on CAG. I have a question, which im hoping the community will be able to advice me on if it is legal, and if not the steps to take to resolve this. 7 and a half years ago, i split with my X wife, which was quite a bitter split. In her wisdom, when we split and put the marital home up for sale, a few weeks later my x wife took the house off the market, stating i had never asked for her permission to sell the house, and she refused to sell the house even though she had moved out when we split. Consuquetly, the house was repossed and a CCJ was rejistered against me. I did try and come to an amicable agreement with the Natwest where by i was responsible for half the debt (£16,800), and my x wife was responsible for the other half, and once my half was paid off it would show as settled on my record, which they rejected. So, i thought i would wait out the 6 years, for the CCJ to expire. During this time we have moved twice, and i have not received any letter from anyone for about 2 years relating to the CCJ, so im actually unsure who actually own's the debt (Natwest or DCA) The debt did expire on May 31st 2013, and did 'dissapear' off my credit file. I pay a monthly subscription to experian so regually check my file. Last week the payments started showing again on my credt file as 6 months in arrears and deliquent. After alot of research i was under the impression that once the CCJ had expired after 6 years, that was that, unless of course they tried to re-rejister to the courts for a CCJ. Im thinking of getting legal advice, however before going through the cost i thought i'd see what my options are on here. So my questions are: 1. Is it true the Natwest or any DCA can rejister these late payments that have just appeared on my Credit Report after the six years 2. If not, what are my options to have these removed from my credit file? We where hoping to buy a new house in the next 6 months, however that is going to be impossible with this on my file All help is VERY greatfully apreciated in advance
  11. Hello, I recently found out I had a CCJ when I received a notice from the bailiffs. The notice was sent to my current address but turned out that the CCJ was sent to an old address. I immediately contacted the county court where the order was given and a very helpful court clerk told me to what to do. I completed the required form to stay the high court action and requested hearing to set aside CCJ. I now have a court date in April for set aside hearing Background ------------- I had been in dispute with a previous employer from around early 2014 where they claimed they overpaid my salary after I left the company. I disagreed with them and asked them to prove this other than with an itemized list of payslip transactions that made very little sense. They later passed the debt collection to a firm of solicitors after a few months. I argued that the payment made to me was as a result of monies owed from share options and other schemes I was part of when I was employed and which had to be liquidated when I left. We have been going back and forth on the issue for over 2 years mainly by email communication. During that time I moved to a new address. On a number of occasions during the email exchange, I referred to the fact that I had changed address - not explicitly - but in statements like " I have just moved house and my papers are in the loft" etc. in July 2017, I got a letter through the post at my new address to check my address, I called back and left a message on VM saying Yes I had changed address. I didn't hear back and the next thing was the bailiffs notice I received in December for CCJ issued in September. My argument for set aside was that the claimant knew I had changed the address so had no excuse for sending the claim to the wrong address. The bailiff was able to get my new address. I also mentioned that I called them to notify them of change of address when I received a letter asking me about it. I also stated that we had been in dispute for several months and I believe that given the opportunity I would have successfully defended the claim. After I had put in the set-aside application, I requested a copy of the original claim. The claim stated that I was overpaid salary in February 2014. This is one of the arguments, I had with them. I had shown them a copy of the payslip for February which showed the payment from the employer of the sum total of £247. They stated I owed £2400 or thereabouts. In one of the correspondence, they had agreed that they made a mistake about the month and it was in fact April. THis is correct. I.e. Money was paid in April 2014, but I disputed what the payment was for. In the claim used to secure the CCJ, they have repeated February 2014 as the date overpayment took place. My question is whether to just stick with the fact that February 2014 was the date stated in the claim and I can easily prove with bank statement and payslip that they did not pay me the sum in February. Will the judge allow me to introduce evidence not mentioned previously? Since I was unaware that they were repeating the previous pay date of February, my defence put forward on the N226 was that we were in discussions and they had not proven that I owe them the money. I also offered to have the matter mediated by a body like ACAS to get the matter resolved. If successful, can I claim the cost of N226 and litigant in person? Many thanks for staying with me so far and look forward to your words of wisdom.
  12. Hi, I have received a letter from DCBL which states: "Your overdue amount of £269.48 due to Excel parking services ltd in relation to a county court judgement number xxxxxx has now been passed to DCBL to recover the debt on their behalf" It also mentions a further £75 + vat charge. I have searched lots of forums and the advice has been consistent to ignore all letters from Excel parking or any debt recovery firms. i am concerned this letter mentions CCJ number which suggests a CCJ has been issued. I dont recall receiving any court letters, although i have changed address. Normally, I would ignore these letters as per the advice on the various forums but im worried if a CCJ has really been issued and what I should in this case? Should i respond to DCBL? Should i contact the court (and if so, which court would i need to contact as i have not had any details)? Or should i continue to ignore? Please help as i am really stressed out now Many thanks in advance for any advice/help. Cheers
  13. Hi, I am looking for some advice regarding a debt account from lowell which they have just closed (due to my health taking a turn for the worse) they obtained a CCJ against me on this account about a year ago. i am paying this off at £1 per month, the CCJ has been active since jan 2017. They have only just closed the account down due to me submitting doctors letters etc to backup my health issues. do i contact Lowell? i am a bit reluctant to after what i have heard about them. do i stop paying it? do i need to wait a bit longer for account to get processed? can i apply for the CCJ to be removed or at least have its status changed. i just feel if i do nothing then nothing will happen. Thanks for any help i receive.
  14. Hoping someone can give me some advice here. Arrow Global and Restons have issued me with Court papers for an HBoS debt which goes back to 1997! Over the past 10 years I have requested the CCA and have SAR'd other DCA's but the CCA has never been sent, only an Application Form with retyped up-to-date Terms and Conditions. Now, of course, Arrow Global have applied for a CCJ. I don't think I would be able to go to Court myself (as a pensioner I don't have the funds for the trip to Northampton for one thing) but do you think I should dispute it? And if so, how?? Regards Chickenlegs
  15. Hi please can you help me, I have received a court claim from Arrow from Northampton Court, for the claim of £4900, issued 8 days ago was a bank loan issued opened up in 1998, , last know payment was 2008/9. I have not acknowledged this debt, or any comms from me to Arrow I have filed online that I will contest this claim, hopefully on Limitation Act 1980 can I now send off a CPR18 request to their solicitor ? what is should I be asking for in the CPR 18 ? All of the below 5 details ? 1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. 2.The deed of assignment 3.The notice of assignment 4.The default warning letter 5.The default notice (CPR 31.14 Request only worth doing if debt is over 10k. I may have this totally wrong..) I have read that some people think that a CC Agreement request letter is not really useful (sorry, I cannot remember their reasons for stating this) Is it worth it your opinion to request CCA from the DCA? shall I ring up my old bank and ask them for the last payment date ? thanks for all help in advance
  16. Hi All My partner no longer lives in the UK, but has received a few emails from an old (believe pdl) debt over the last few months relating to a CCJ which was granted after she left the country. The DCA are called TM LEGAL SERVICES They have now sent the following: Following our recent letter, you have failed to contact the office to set up a repayment on your County Court Judgment. We are now in the process of contacting your employer to verify your status of employment. Once we have confirmed the status of your employment, we will complete an N337 Form (Request for Attachment of Earnings Order) and present this to the court. We anticipate this form will be completed in the next few days. After this form has been completed and sent to the courts, we are unable to retract the application and your employer may be informed of your County Court Judgment. Once the Attachment of Earnings has been applied for, the courts will issue you an N56 Form (Form for Replying to an Attachment of Earnings Application Statement of Means). You must fill in this form, giving details of your financial circumstances. These include your employer's details. You are required to include your partner's financial circumstances also. You must return this to the court within eight days. It is an offence not to send back the N56 Form or to give false information within the form. If you do not send back the form, the county court bailiffs will serve you with an order to complete. If you still do not return the form then you will be sent a notice of summons to attend a court hearing. At this hearing you will be required to explain why you have not supplied information about your financial circumstances that you were requested to. You must attend this hearing. If you do not attend the hearing, the court can issue a warrant for your arrest and you may be brought to court or even jailed for up to 14 days. To stop our application, we require you to contact the office by 7.00pm today Friday 29th September 2017 on the number below to discuss the options avaliable to you.. Our contact number is 01253 523460 (option 2) and our opening hours are Monday to Thursday 8.00am to 7.00pm & Friday 8.00am to 7.00pm. Note, we are extending are opening hours to give you a final oppurtunity to avoid the Attachment of Earnings. Pretty scary sounding here, mentioning arrest etc. What is the best way to approach this. She does not live in the UK, is not employed in the UK, but we are willing to potentially set up a payment plan, but are wary of giving them much info. Any help would be appreciated.
  17. Hi, I have debt from pre 2007 which, after a few years of creditors leaving me alone is now coming back to haunt me full pelt in the form of solicitors letters from Debt Collectors. I suspect this is because they have wind via the land registry that I bought my parents house two years ago (to help them secure a more affordable mortgage after their ill health prevented them from working). The last time any of these debts were acknowledged was February 2011 when a DMP made a payment on my behalf. However I do not know any more which debts are still outstanding. I have suddenly been hit with a County Court Claim form (dated 12th August) saying that Shoesmiths LLP are claiming money for a debt (pre 2007) on behalf of their client Arrow Global Ltd. Before the Claim hit me I wrote to Shoesmiths asking for proof of this debt and they responded to say they note my comments and have asked their client for a copy of credit agreement , statement of account T&Cs and notice of assignment. They said my account would remain on hold until the above documents are received. However I got no further correspondence to say they had secured any proof of debt and the very next thing I got was this county court claim form! I responded to the claim form online by filling out the acknowledgement of service, saying I intend to defend the claim. Now what do I do in regards to the defence? I am not sure if the debt is mine as I have seen no proof of it. I know it is certainly pre 2007 if it is. However there is a chance that a payment could have been in Feb 2011, but this payment like I said did not come direct from me but a DMP so I have no record of it. I want to be able to file a defence saying I do not acknowledge the debt is mine but not sure how I do this?
  18. Long story short, lowell took me to court for an alledge debt of around £800 I sent the usual forms asking for proof of ownership of debt, statements of account, notice of transfer etc After a month or so they sent back a few screen shots and handful of documents, none of which showed the correct amount being claimed. The statement summary actually showed the amount owing as about £90 I challenged this by filling out an N244 form and asking for a strike out hearing since they had not provided the necessary documentation and asked for it to be dealt with without a hearing. The court set a date without consulting me, it was a date that i was out of the country 1000 miles away. I contacted the court to tell them I couldnt attend as I was away and wanted a new date for the hearing. The court clerks told me to send an email stating why I couldnt attend and a new date would be set. I sent over the email and I then left the country as planned. While I was away I had limited access to my emails, I did receive one that said I must send proof that I am away or the hearing would go ahead in my absence. Since I had no IT equipment with me or anywhere to find any and extremely limited internet access I was unable to do this. On my return I have found out that I now have a CCJ and the £800 debt is now £1000 1st question is, this was supposed to be a strike out hearing, not the full hearing to decide the case 2nd The claimant failed to prove ownership of the debt or the amount claimed, why did they win this case 3rd why was I told everything would be ok by the court if i emailed before leaving the county and then stab me in the back afterwards? I do not acknowledge this debt and the claimant still hasnt proven the amount owed so why has this happened? would like to appeal but dont know how to go about this
  19. Hi I have been issued with a CCJ for an amount I owed a solicitor. The solicitor didn't complete the work and didn't do as they promised me when the property sale fell through I didn't receive a bill from them so just never thought about it. I live at an address that was unknown to the solicitor but used to live with a relative. The relative received a letter from the solicitor saying they wanted money. I said, fine, but send it back with my new address. I received a letter then at my new address which I have responded to via email, offering to pay a token amount each month until I am back on my feet financially. A CCJ has arrived at my previous address (post is seldom opened hence this problem with unseen letters). I might be moving back there but not sure yet, but if i do or don't I still want to avoid bailiffs at the door as I believe they can force their way in when doing CC enforcement?? Would anyone please be able to offer any advice in the event that the solicitor does not accept my offer - I only offered a few pound a month but happy to have review after a few months. thanks
  20. This matter again raises its ugly head. Four years ago had a CCJ and charging order on debt With HSBC, I was informed before Christmas that the CCJ and Charging order had been sold NOT ASSIGNED to Crapbot, letter from Mortimer Clarke, saying pay our client through us (they're part of Cabot group) I asked them to supply proof they sent me copy of letter of sale from HSBC. I believe they cannot use CCJ and charging order to intimidate me into paying them without changing claimant on CCJ and Charging Order, am I right? Or will they continue to bluff and bully as I will not roll over until they do things right.
  21. Hi There. My wife has just received through the post an attachment of earnings form from the MCOL Business centre. A CCJ was awarded in default as was sent to a previous address. My wife only found out about it when she received a Noddle credit profile change notification. She spoke to Robinson Way who advised it was issued at a previous address. She gave them our new address and interestingly the attachment of earnings form has come through to our current address. Details of the debt: Original creditor was Egg (so suspect any CCA would be "interesting" to say the least) Default was issued in 2012 according to her credit report Original agreement was taken out we think in about 2006. Balance was about 1650 CCJ balance was just over 2.5k (plus now another £110 attachment of earnings fee added) We are convinced the debt is statute barred as my wife is convinced she hasn't paid anything towards this for a long time. I know we need to look at getting this set aside but unfortunately we cannot afford the fee to do so, and we don't fall into the category where we can have the fees waived. Is there any other way around this? Surely they would have records and would know when the last payment was made, so if so then is this not an abuse of court process by submitting the claim? Any advice on next steps would be greatly appreciated.
  22. Help please. I have received a CCJ claim pack from Rentons solicitors in regards to a apparant debt linked to a overdraft I have no knowledge of. I have answered the default questions below. Can someone please offer advice / assistance on what I should do now please. I have completed the Acknowledgment of service on the money claim website so the clock is ticking now. Please help Name of the Claimant ? - Restons / Arrow Global re: Lloyds bank overdraft Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue : 04/04/2017 What is the claim for – the reason they have issued the claim? - The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Dec 30 1994 and assigned to the Claimant on Nov 20 2013 PARTICULARS a/c no xxxxxxxxxxxxx DATE 10/02/2017 ITEM - Default Balance VALUE - 4500 Post Refrl Cr - NIL TOTAL - 4500 What is the value of the claim? £4500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Appears to be a overdraft for a account I have not used since 2011. When did you enter into the original agreement before or after 2007? Yes - appears to be Dec 30 1994 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Appears to be debt purchaser - Arrow Global Limited. Were you aware the account had been assigned – did you receive a Notice of Assignment? No - I have not received any documentation in regards to the debt - didn't know it existed before receiving the CCJ claim pack as I was working out of the country since February 2011 Did you receive a Default Notice from the original creditor? No - Left the country in 2011 so have received no communication from Lloys of anyone in regards to this debt. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - As above - Nothing received. Why did you cease payments? - Left the country - left account open but was completely unaware of any outstanding overdraft. What was the date of your last payment? - Nothing paid into account or account even used since Feb 2011 Was there a dispute with the original creditor that remains unresolved? No dispute. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan - No communication at all ever had. What you need to do now. If you have not already done so – send a CCA request to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) - This appears to be for a overdraft - shall I still send CCA ? Thanks in advance for any advice guidance given.
  23. Hi Not sure where to post so posted in main forum and a mod can move to correct place. I have just visited my parents home on Monday and found a letter from a court in Northampton relating an alleged debt to Robinson Way Ltd and i am due to pay in fullby early March or have a CCj against my name. This is the first letter i have received and no debt of this amount shows on my credit file or to this company. I have filled a form N244 to the court for a set aside order as I do not recognize this debt , its been sent to the incorrect address as i do not live there , and i have not had a chance to mount any defence against this . Does this process put the CCJ on hold until the court say it can be set aside or i have to pay or am i best off to pay the amount and fight back from there as I do not want A CCJ against me. I am writing to the company involved to inform them of this with acopy of the form sent to the Court , is there anything lelse I should do ? Thanks in advance for any help
  24. I have received a ccj for unsecured credit at my home address and there is no defendant with that christian and surname at this address. Would this make the ccj or any enforcement valid? For example the defendants name is spelt Richardgale Bridg but there is a person here called Richardgalle Bridgewaters. I have used fictitious names but the mistakes are exactly the same in proportion. I do not really want to go to the expense of having the ccj struck out. But, if that name is so wrong should I just ignore the ccj and any enforcement action. I am not too worried about bailiffs but I am worried that if the creditor requests an oral examination the person with the similar name could get arrested for ignoring it.
  25. Hi, Im desperately hoping someone can advise... To cut a really long story short, i took a career break from my bank job to care for my sick husband in 2012. It left us with minimum income other than disability allowance and carers allowance as because i was still classed as employed we were told we couldnt claim any other benefit, not that we wanted to. We never have had any state benefits. My husband passed away in 2013 and i had to pay his funeral costs, half of which i paid upfront. His family were meant to pay the other half but never did. Subsequently the co-op billed me. I had gotten in to a mess financially since still being off work, entitled to no benefits and trying to deal with my own grief aswell as supporting my 9 year old daughter with hers. Falling behind with mortgage payments and council tax i had to agree to pay almost double on them both to avoid reposession of the house and removal of goods for bailiffs. I counted these as my priority debts and put everything else to the bottom of the list including the coop bill. They issued a ccj against me which unfortunately then meant i couldnt go back to my old job (i work for a bank and policy is no ccjs). I have since started up my own business and draw £100 a week wages when there is enough money to take of course. I also now get working tax credits so a tiny bit better off. The solicitors dealing with the case sent me an enforcement notification. I rang straight away to see if i could make some kind of arrangement but they said no. The original outstanding was £2200. The ccj had £2900 and now ive had a letter through the door telling me its £3900!! The bailiff has said in the letter he will come back and take my car. And other goods within 7 days, i have tried to speak to the solicitors but they've said its pay the lot or nothing. Ive submitted for n245 to the court with a copy if my income and expenditure but i really need a bit of advice. Will the bailiff allow me to make payments by instalments or will they just keep coming back and taking my things regardless of the fact i can prove i dont have the means to pay. If they take everything i have and its still not enough what will they do then?? I feel totally helpless Hoping for some/any kind of advice... Shelley
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