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Found 1,119 results

  1. Good evening, When i was a lot younger i ran up quite a bit of debt which became unmanageable once i had children and cost of living increased. paid into a DMP for a few months and then defaulted this was in April 2013. I have pretty much ignored all contact as no one was taking legal action. I have had some discussions with Restons over the phone about this debt as i tired to agree a repayment plan. but could not stick to it as it was un affordable to me. Today i have received a CCJ claim from the for a total of £5131.05. The debt is from an MNBA credit card which i took out sometime around 2005/06 i think. The POC on state that the original debt is from MBNA "dated on or about Feb 2007 and assigned to claimant on Dec 2011. It then list the following two items: 19/07/28 Default balance 5151.05 19/09/2018 Pos Refrl CR -20 That is all that is on there. I have done a lot of reading around and am thinking of defending this claim but my head is spinning a bit with all the different threads i've read. Am i right in thinking that they probably dont have the CCA? I don;t believe that they have followed pre-court protocols as i have not received a letter stating they were due to start legal proceedings. Do i need to now request this information under CPRs and then defend the case accordingly? Am i right that if they can not produce the cca they can't enforce the debt? Thank you in advance.
  2. I have received a Claim form from Reston Solicitors representing ARROW Global, who has bought the debt from HSBC. This debt goes back to a loan I had with HSBC which was taken out sometime in 2010 , but I stopped making payments on it in 2012 when I became unemployed. Since then, ARROW have been contacting me but I have not responded. I do not know if a default notice was issued since I have been ignoring all debts except priority debts since 2014 when I started working again. I am now in full time employment, have a spouse who unfortunately is not working, and two children. Only mentioning this as background info. My question: Is it possible to avoid a CCJ if I call Reston Solicitors and agree to a feasible payment plan? Or is the CCJ inevitable now that the claim form has been issued? P.S.: I have called STEPCHANGE.
  3. Hi all Have recently recieved a claim form from a DCA for an alleged debt, however, I sent all relevant SAR a while back and received terms and agreements which definitly did not meet the CCA enforcement requirements at the time - any advice on how I can counterclaim/defend this? I'm considering seeking legal advice/employing a solicitor - however, I am aware people have successfully defended without... . any help/guidance/next steps advice please??
  4. Hello all, I am dealing with TM legal services on behalf of my wife and am after some advice. In Feb of 2017 a claim was made against my wife at Leicester county court by asset collections for an old lending stream debt. I defended this by admitting to the original loan but disputing the astronomical fees and charges. The judge ordered the balance of the claim be struck out. My wife has just started a new job and has had to undergo background checks. To our horror it showed up that she has a CCJ in the name of asset collections issued by Northampton county court business centre in June of 2018 that we knew nothing about. On getting the details from Northampton court it is for the same debt that had previously been struck out and Asset collections had got this default judgement by serving the papers to an address we had moved from 3 years earlier despite having served the paperwork the first time at our current address. My wife is about to lose her new job over this, does anyone know where we stand? Thank you
  5. Hello all, firstly, I want to thank anyone for their time and advice in helping me with this matter, it is truly appreciated. In 2013 I took out a mobile phone contract while at university. Due to a number of factors, I withdrew from my studies for two years, and moved from the UK. I had severe financial issues and neglected to make my phone payments during this time. I subsequently returned to university in the UK, and very regrettably, didn't think about the phone contract again. During the time I moved addresses numerous times. To make a long story short, a CCJ was issued to a previous address. I was renting a room from my friend at that address, but had moved out when it was issued. The CCJ never reached me, and only after checking my credit this week did I discover it had been issued (which was sometime in March of last year). I have done a lot of research on what to do, but it seems like although I never received the CCJ, I should have updated the creditor with details of my address changes. Being young and dumb, I didn't take the steps I should have and now I live to regret it. My question is thus: I have not paid the CCJ yet. What steps should I take? I have read about agreeing with the creditor to set aside the CCJ, but what are the steps involved in this? I have also read that the court will not necessarily agree to set it aside, even if the creditor consents to this. After many years of university, and overcoming a lot of personal obstacles, I hate to think that because of this CCJ, I will not be able to pursue the career I have studied all this time to go into (which is a career in the legal sector, which I will not be able to enter due to SRA checks). Again, I truly appreciate any help with this. I'm pretty overwhelmed, and pretty gutted to say the least.
  6. Hi I have an outstanding CCJ which is being dealt with by tm legal services. I had previously told them I had health issues and suffered from anxiety which had meant I was currently unemployed and after filling in their income and expenditure form they told me they would have their specialist team deal with my case. Since this email conversation I have heard no more from them and this was in December. I have sent emails every week trying to find out what is happening but I don't ever get a response and I have also sent letters in the post again with no response. This is really making my anxiety flare up not knowing what is happening and I am petrified I will just get a balliff turn up at my door to take my stuff. Is there anything I can do as like I said this is starting to make me really ill with not knowing what is going on. Thanks in advance
  7. Hello, I started a DMP with Stepchange about 6 years ago with £150k of credit card and personal loan debt. I have paid about £80k via Stepchange over the years and about £70k remaining balance (including personal loan interest). I have been paying £800 per month split pro rata via stepchange but due to change in circumstances can not pay much at all anymore! Have yet to contact Stepchange but have cancelled the DD with them just now. I need urgent help and advice!! Should I arrange to pay them £1 per month instead for now through stepchange and CCA them all in the meantime? – I have just read about CCAs here. I am terrified of getting CCJs from them all now – All help greatly appreciated! Debts are as follows: • NRAM personal loan pre 2007 – now with Cabot Financial (Marlin) - £12,933 - not on credit report • Bank of Scotland personal loan – post 2007 - now with ‘Wescot Credit Services – Bought Debts’ – £12,395 owing – not on credit report • Santander Personal loan – 2002 - £10,859 – Defaulted 2011 • MBNA Credit Card – 2005 - now with IDEM CAPITAL SECURITIES – £6,919 – Defaulted 2011 • Cahoot loan - £4499 – showing on credit report as settled 2015! – but stepchange still collecting and paying!? • Barclaycard credit card 2008 – now with LINK FINCANCIAL OUTSOURCING - £3337 – showing as up to date positive credit on my credit file! • MBNA Credit card 2008 – now with IDEM CAPITAL SECURITIES - £3233 – defaulted 2012 • Capital one credit card £3205 – not on credit report • MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012 • Co-operative bank credit card 2002 – now with LINK FINANCIAL OUTSOURCING - £2571 – defaulted 2012 • Co-operative bank credit card 2001 – now with LINK FINANCIAL OUTSOURCING - £2026 – defaulted 2015 • RBS MINT credit card – now with ‘WESCOT CREDIT SEREVICES – NON BOUGH DEBTS’ - £1624 – not on credit report • Tesco Bank credit card – now with ‘ROBINSON WAY LTD – TESCO’ – £1222 - not on credit report • Barclaycard credit card 2001 – now with ‘LINK FINANCIAL OUTSOURCING’ - £1087 - showing as up to date positive on credit report! • Bank of Scotland – now with FAIRFAX SOLICITORS - £750 – not on credit report • Cahoot credit card £713 – not on credit report • American Express credit card – now with ‘NCO – OTHER’ £387 – not on credit report • EGG Credit Card – now with PRA GROUP (UK) - £193 – not on credit report • Cahoot credit card £100 – not on credit report
  8. Dear CAG I’m desperately trying to improve my credit rating and therefore checked on noodle.co.uk what my score was and found that there was a CCJ I had no idea about. The name listed is close to mine but both the first and surname are mis-spelt. The claimant was a tenant but I know nothing else of the claim. I have tried to contact him but there’s been response. How do I get this off my record? Thank you.
  9. Hello I am looking for some advice about mortgage style loans from SLC 1997-2000. I deferred successfully up until the year that Erudio took over my account, circa September 2014. As their deferrment form seemed more invasive/complicated, I chose to ignore here I am now, after ignoring default notices, letters transferring my account to Capquest/AIC and PAP letter, Now a CCJ county court claim form. I have followed some guidance on this website - completed AOS, sent CCA request to Erudio and then SAR request to the solicitor. Drysden have written back to say have placed my file on hold whilst we seek our clients instructions they have requested copy documents referred to in my SAR letter. I need to file my defence by the 5th December - do I still need to do this with the solicitor stating they put my file on hold If I still need to file my defence do I just need to say that I took out the loans a long time ago and have requested copy documentation that is not yet forthcoming so that I can review/check what I need to pay? Thanking you in advance.
  10. Lowell Solicitors sent me a letter in December 2018 saying on 08/08/16 a CCJ was entered against you and you were ordered by the court to pay £50 per month. I haven't paid anything on it. It says they are considering options to enforce the CCJ as its in arrears. The amount of the CCJ is £499.13 It also says to avoid the possibility of enforcement action we need to agree a payment plan with you. This CCJ was issued years ago to an old address, i now know it's my responsibility to inform them of my new address and my circumstances at the time would not allow me to do that but i was just hoping for some advice. It was originally a Capital one credit card. Thanks
  11. Wonder if you can help, as received a letter from a creditor saying I had not responded to a claim form served on me and the creditor is now applying for default judgement. I know nothing about this, i will call the court at 9am - but reading around i can see i have to complete a N244 form and pay £255? is this correct as can't afford this?
  12. Having looked at partners credit file Lowell got A default ccj last year Paperwork sent to old address moved out just over 6 years ago. Forms filled for set aside hearing date end of this month. Lowell have e-mailed today We refer to the above matter and in particular your application to set the judgment aside which has been listed for hearing on ## november 2018. Upon consideration,our client is proposing to consent to the judgement been set aside and has instructed us to prepare the attached draft consent order for your consideration.we should be grateful if you could sign and return to us by e-mail if possible or post. Once we are in receipt of the signed draft consent order,we will also sign it on behalf of out client and forward this to the court requesting that the hearing vacated. Should the court approve the draft consent order we should be grateful ifbyou could provide a copy of your defence so we can take instructions. Once this ccj is removed if they send a new claim where would statue barred come into play Did the default ccj stop the clock and restart once removed? It was a shop direct account around 450 so not a big amount last payment would of been early 2012
  13. Hi I hope you are able to assist me your help will be much appreciated This I believe should have been dealt with last year as excel brought two identical cases, ,one was this this case against me in 2017. I defended it and excel dropped it (but I believe a court error) but I have a just had a new CCJ against me for the same case Excel brought two claims against me in 2017. Exactly the same but diff dates. My defence and N180 (exactly the same) was sent in at the same time for them both. Excel discontinued case 1 but for some reason I think there was a court error and my defence was not initially registered for case 2. I re-sent the email with my defence to the court and both my CCJ’s were removed. I therefore presumed both were dealt with and dropped by excel. It should all have been dealt with last year but I have a new CCJ for the same case in Sept 2018 I got a set asides as they sent papers to an old address (plus I wasn’t the driver, they didn’t follow POFA and illegal signage and no planning permission for signs) and excel dropped them in 2017. These 2 cases running concurrent with the same defence and always dealt with together They have now given me a new default CCJ as I did not return the papers/questionnaire. This however was sent to my now very old address which was changed at DVLA many months ago. This I believe was an original error by the court (in 2017) as it should have been dealt with the same as case 1 ie defended and dropped in 2017. I do not really want to pay another £255 as I’ve already had a set aside for this case and paid it once, and as they dropped it I couldn’t ask for my costs. The court are telling me this is now a new case as I did not return the forms and that I have to pay for a set aside again Any advice would be very much appreciated
  14. Could you offer some advise on my situation please? I moved into a property in December 2010, and the Water bill was put into my name. I left this property at some point during 2014, at which point i had made no payments towards the water or been in contact with the water company. I've made good the debt now, ive actually cleared all my debts! My question is regards to the default date. The company placed the default in January 2016. They then applied for and won a CCJ by default in August 2016. I've raised a complaint as i believe the default should have been dated between March-July 2011. That is correct i assume? In regards to the CCJ, I have asked that they agree to have it set aside, as if they had placed the default on the correct date then it would have been statute barred. Im confident on my first point, how do you feel the second point (CCJ set aside) will be? I've already paid any monies i owe to them, but if they had placed the default correctly then it would have been statute barred before the date that they actually applied for it
  15. Hi All, I have a CCJ on my credit file which is due to come off in a few months. I am making monthly payments towards the debt which will remain unpaid once the CCJ is removed. Just looking for information in regards to what the DCA or the courts can do if i stop making payments once 6 years has elapsed. I still owe approx 2.5k which i cant clear anytime soon.
  16. Hi there, I've been chased by CABOT FINANCIAL for several months now for an AQUA CARD debt. After ignoring the mass of phone calls which they also harassed my mother on a phone I used to call AQUA. They also sent a stack of letter with increasing plea's to contact and arrange some settlement. The latest now gives 14 days and threatens getting a solicitor involved leading to a possible CCJ. The original debt is around one year old and I have not paid anything back after the credit card company referred the debt to a collector. My parents are worried about the bailiffs knocking on the door I need to take some action against CABOT and really not sure where to start. Can someone could point me in the right direction how to start fighting the collection agency? Many Thanks!
  17. Hi I've been getting a number of letters from different debt companies and i stupidly ignored and even stopped opening them. I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill. I however suspect that this debt might be over 6 years as i remember getting into financial difficulties and defaulting when i was on maternity leave six years ago. I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take, but am not sure who to contact regarding how old this date is. It was originally with Lloyds bank and has been passed to different companies. They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet. Any advice on what to do is very much appreciated.
  18. I received a General Form of Judgement or Order dated 23.11.18 on 27.12.18. I have now missed the chance to pay this in full within one month. I filed a defence but did not attend the hearing, I didn't know I had to attend. I called the court on 6.12.18 to find out the outcome, I was told it was with the orders team being typed up but they had a 6 week backlog. Can I apply to have it set aside?
  19. Hi! I'm new here so I apologise if I am posting in the wrong place. Long story short I have received a letter from Cabot advising that they are going to instruct a company called Resolvecall to call at my house and "put me back in touch with them". This is regarding a loan which was a CCJ but that dropped off 18 months ago. I have received nothing else regarding this debt I just realised there was a CCJ logged on my credit file. I was very ill and going through a difficult separation when this debt defaulted (originally Santander) and missed one payment. Despite me offering to catch up by paying £50 extra per month Santander refused and it has never been resolved from there. Do I ignore the letter in the hope they won't bother to send someone round? I have looked at all the other threads but am confused regarding CCJ's over 6 years old which weren't enforced during that 6 years. Thanks in advance!
  20. Hey thanks for your taking a look at this thread! I failed to make payments of around £300 to a company Payment Assist Limited for no credit check finance on a repair on my car. fast forward a year or so and I had received a letter at my parents house in regards to a CCJ summons (sorry dont know technical term) I read the letter a week or so later as I dont live there anymore panicked and assumed I could deal with this outside of the court so I contacted the company on the 30th of november via email and told them that I was willing to make payment within the next couple of weeks, they confirmed this was fine and I foolishly assumed this would be the end of it, I made a payment of £50 on or around the 30th of dec and I've noticed yesterday on my credit file a CCJ active from the 17th of December. I contacted the company who told me that the only way to settle it is to either make full payment by the 16th of Jan (this is a struggle for me at the moment so I will have to sell some of my assets) or continue paying monthly and have this on my credit file for 6 years which I assume is going to royally (Edit) me over if/when I want a mortgage in the future. Do I just need to bite the bullet on this one? Or do I have grounds to at least extend the time as I can pay this at the end of the month easily. Thanks for your help!
  21. recieved on Saturday a CCJ claim from Lowell stating that despite previous attempts to contact me they have now issued a CCJ claim. The 3 contract was from 2015 from what i can work out. can anyone help please. The issue date is the 5th december. Cheers
  22. I have recently applied for a job where I needed a credit check. And was shocked to find I have had CCJ to my name for about a year. I have been at my home address for 20 years. I have had NO notification from the court and no conformation of intent from the person pursuing me. How can someone issue a a CCJ yet I have no knowledge of. Also when I applied to the court regarding this they only had one letter from the third party and there was no letter from the court to me/ Can I remove this CCj as it seems unfair that this judgement has been behind my back and I was not aware of anything to represent myself can someone help
  23. Having got some great advice hear about dealing with a CCJ application i was wondering if anyone can help on a CCJ that has already been granted in the court and is now with the bailiff due to me not being able to afford payments. I didn't realise i could defend the claim when it was issued so i think i just ignored it and a CCJ was awarded for £50 per week. I couldn't afford this and tried to negotiate with Restons to reduce but they were unwilling to help so have sent a bailiff round. i told bailiff that i was getting advice from Step Change and was going to fill a court form to amend the order. I havent done this yet as i can't afford the £50 fee and dont qualify for the fee to be dropped. My question is can i try and get the order struck out or ask for information like COA and other documents that i never received during their process? Sorry if this is on any other threads!
  24. Today in the post I received a claim form from TM Legal Services for a debt that I owed to payday loan company Lending Stream. The original address on the claim form had been crossed out in red pen and my current address was hand written in the box to the right of this. The date on the claim form is 10/10/2018, the date that is marked on the franking stamp on the envelope is 07/11/2018. I called the court and they advised I have received a judgement by default on 06/11/2018. I had started an affordability complaint with the original lender Lending Stream via letter on 01/10/2018. In this letter I gave them my current address. They are the only lender I had to send a letter to as the rest I have done via email. Unfortunately, I sent this by first class post and not recorded delivery. I have not had an acknowledgement from the lender to this letter. I called the company TM Legal Services who initially advised it was the court that sends out claim forms. When I pointed out that the envelope that the claim form came in had a return address of their company and was posted the day after the judgement was obtained they put me on hold. They came back and said that they received the original claim form back as undelivered and had done a trace on me to find my current address to send out the claim form. I called the court back and explained this and they said I can apply to get the judgement set aside at a cost of £255. I have sent a further letter of complaint to the original lender and advised the financial ombudsmans office of the situation, however they say that when the complaint comes to them if referred (29/11/2018 is 8 weeks) they are unable to instigate the removal of the CCJ even if my complaint is upheld. I now don't know what to do. Should I apply for the judgement to be set aside now or wait for the reply from the lender/complaint to the financial ombudsman's service? At the time of the loan I had 6 defaults for various utilities and loans in my recent credit history as well as an outstanding balance of over £3500 with other short term lenders. The original debt was for £850 but now with court costs and interest stands at £1780. If I apply for the judgement to be set aside, is that there is an ongoing affordability complaint a valid reason, along with the fact that it was sent to a previous address? Is the fact that it was sent to what the company alleges is my last known address and not my current one enough of a reason to get it set aside or will I have to show that there is a chance I will win the hearing? Will the 30 day period after the CCJ to pay reset if the judgement is set aside? I work in an industry regulated by the FSA so a CCJ will likely cost me my job. Apologies for the long post. Thanks a lot for reading if you got this far.
  25. Hello, I was completing a credit check after being refused to get a specific type of finance and to my horror I found out I had been issued a CCJ on the 2/10/18. After ringing Northampton they informed me that the CCJ was issued over a parking ticket issued on the 30/01/17 by JD parking. correspondence to do with this had been sent to a previous address, and even when I was living at this address at the time of the alleged incident I never received any letters about receiving a parking ticket. Now the location that this occurred was at my friends flat where he has a parking permit that was in my car at the time. I have received the evidence from JD parking's solicitors and there are a few reasons why I think their evidence is not credible, firstly the photo of the windscreen is not a full photo and has clearly been taken to omit the parking permit from the photo, the timestamps on the photos have also clearly been manipulated and added after they were taken - the timestamps state it is 22:45 yet in the photo you can tell it is the middle of the day, not that the time makes a difference to being allow to park there it just shows they are not credible. (if anyone wishes to see the photos I am more than happy to share them). I am on the electoral role and I pay council tax and many other utility bills so I feel like they have not even tried to find me in my absence of a reply and just let it all happen. I know I need to fill out a N244 form but I need help to make sure I complete all the sections correctly and that I have a strong chance of being awarded with it being set aside My hopes is that I can get the money for the N244 for back from either JD parking or their solicitor and also having their claim thrown out for being absolutely false. After reading the guide on this site I should also contact JD parking and ask for their consent to set aside? this seems bizarre because they are surely going to say no? I am looking to be applying for a mortgage in the next few years and fear that this will seriously affect my chances of being successful, so thank you for all and any help. This is a template letter I am going to email to JD Parking to get their consent to set aside the default judgement. "Dear JD Parking, Reference: Claim xxxxxxxxx JD Parking v xxxxxxxx Your Reference: parking ticket ref from POC I have recently become aware of a County Court Judgment in Default obtained by yourselves/your client on 2nd October 2018 for an alleged private parking charge from 30/01/2014 for Vehicle Registration xxxx xxx. I am writing to request JD Parking/your client consent to set-aside the Judgement. I am currently drafting my formal application to the court to request the judgement be set-aside pursuant to CPR 13.3 for the following reasons; 1) According to your Particulars of Claim in the case the alleged incident took place on 30/01/2017. At this time, DVLA records would show that the vehicle xxxx xxx, was registered at my current address, with myself as the registered keeper. 2) I have never received any communication from JD Parking and was entirely unaware of any Private Parking Charge being made against my vehicle until finding the CCJ registered against me when checking my credit file, and obtaining copies of the original claim and judgement document from the court. 3) After reviewing the evidence received from your solicitor it is clear that I should not have been issued with a private parking charge, I had a permit to park where I did but that was blatantly omitted from the photo taken of my car parked in the bay. The time stamps have also been manipulated and added on after the photos were taken, there is no seconds displayed and the time stamps state it to be 22:45 which is clearly wrong as it is broad day light outside, this proves your evidence is not credible enough to have served me with this private parking charge. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added that In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address. I therefore request you/your client consents to set-aside the judgement and provides me with all documentation / information relating to the original parking charge so that I may consider my position. Had I received the original charge it is likely it would have been settled immediately. You will be aware that this application without consent will cost a £255 court fee. As it is your/your clients failure to take reasonable care that any letters and the subsequent court claim were issued to the correct address I will be asking the court to order you/your client pay the costs of the application along with any further costs allowed by the court. I look forward to hearing from you/your client within 7 days after which time I shall be submitting my application to the courts. Yours sincerely xxxxxxxxxxxxx"
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