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  1. Hi, hope someone can help. This is in regards of a 'stayed' case from August 2016 Via the County Court Business Centre. Cabot/Restons At the time I requested documents those being: 1. Agreement/Contract 2. Default Notice 3. Assignment These never arrived within the period of 12 days, then a further 30 days. I went on to deliver my defence and ultimately the case was 'Stayed' Present day: I have just received a photocopy of a credit agreement with spreadsheet statements from Cabot who now which to 'discuss the options available for this account.' My initial concern is the photocopy of the agreement, in that it has clearly had something stuck over part of the section 'YOUR SIGNATURE REQUIRED' with what clearly looks like a faxed signature of who ever was signing off on the agreement, although I am unsure if this is normal practice? Also the spreadsheet is very basic with no opening balance/closing balance or written indication to the amount of initial credit and whether this was increased/decreased over time during the period of the agreement? Per my original request during court proceedings they have not supplied 'Default Notice', 'Assignment', although I'm sure this would be a request I would make again should the 'Stay' get lifted and it goes back to court. Any help in this matter would be most appreciated. Thank you.
  2. Hi, I have just received a claimform from IDR (for Barclaycard) for £18k, do not really know what to do, would like to defend it somehow, have only ever admitted the debt to Barclaycard, when it went to default, since then I have not spoken or interacted with DCA's at all over this until IDR sent the Claimform have approx 10 days to reply. What would you guys suggest? have a home with plenty of equity but my wages are very low due to self emplyment after redundancy, have two young children and a wife who is also on the morgauge, so worried about a charging order going on my home. can only afford to pay them about £50 Per Month HELP!!
  3. an unknown company has filed a CCJ against me for £756 at County Court Business Centre, at an old address. However, none of my old debts are registered at this address so I cannot pin point it. I have 3 settled debts which were settled a couple of years back so matching up the debts with the CCJ amount for £756, I have an outstanding one for £734 but at a different address, it was applied on 06/10/2015 My debts are settled and closed barring 3 from Lowell which I think were for a catalogue (I didn't pay because the interest versus monthly instalments didn't make sense and would be a vicious circle) so I'm guessing it's one of these, but I'm not sure why they've sent it to an old address when the debts are registered to another of my addresses. I see now these things never do go away and I'm willing to settle all 3 in one (if possible) as I'm now in a better position, but my question was where do I go next to find out more about the CCJ? One of them was over 6 years and I can't find it on my credit report to compare to the CCJ. Do I now write to the courts and request more informations? I've currently bookmarked a load of nationaldebtline pages to sift through which is daunting but wanted to narrow down my search a bit as there's a few different wordings and templates. Best regards.
  4. Hi In short:- CCJ Granted. No contact for 9 years then I get a letter asking me to kindly call them to discuss payment. Does section 24 of the Limitations Act cover this? Does the creditior need Court permission to enforce? Would a Court be inclined to grant such an order? Thoughts much appreciated.
  5. Hi, here I am again... .6 years ago I had a breakdown, got into about 35K of debt, 3 CCJs which 1 is a charging order and this has just popped up. I am DESPERATE not to get another charging order so want to negotiate with them. I don't have the original CCJ nor any of the paperwork from Debenhams. .this debt has been passed round various DC over the years, all of which I've ignored.. but this I think Restons will take further.. I am on ESA in the support group with no chance of returning to work. My dad will help me, so I want to offer then 10% but since this forum has helped me on others, I've come here first for advice! this is the letter Re: Arrow Global Management Limited Account number xxx Original creditor and Product type : Santander – Debenhams Store Card We act on behalf of Arrow Global Management limited who has instructed us to write to you concerning an outstanding debt due to them. Our client has obtained a CCJ against you. The balance outstanding to our client is £1492.77 Our client would prefer t reach an affordable repayment arrangement with you to avoid further legal action. Please contact us on 000000 to discuss the various repayment options available. To help us understand your overall financial position and to determine how much you are able to afford, we enclose a financial statement for you to complete and return to this office. Alternatively please visit our website at www… .to complete a financial statement online. We would like to discuss your financial position with you to establish how you can repay this debt. Alternatively you can also seek free independent advice from one of the organisations detailed on the reverse of this letter. It is extremely important that you contact us to discuss your situation. We can only assist you in resolving this matter if you get in touch. Please contact us no later than Wednesday, May 24, 2017, failing which we have instructions to enforce the outstanding Judgement debt. Please note that there may be an opportunity for you to discharge your liability through a short term settlement payment. If you think your financial circumstances do allow you to pay a lump sum, please telephone us on 0000to discuss this. We must forewarn you that you will be asked to provide full details of your financial circumstances when speaking to us on the telephone. Without that information our Client cannot accept a short term settlement as it is important that any such payment does not have an adverse impact on your financial circumstances. If a settlement is reached and subsequently paid, our Client will update your credit file at the credit reference agencies within 35 working days. Your credit file will show that the account has been partially satisfied. The record will remain on your credit file for 6 years from the date of default. Yours Restons… any advice on my best way forward? thanks
  6. Hi, Im currently in the process of challenging lowell solictors for a shop direct catalogue debt they allege i have to which we are at the mediation stage. Today i return home to find a letter from lowells saying im behind on my county court payments for another shop direct account which i have no idea what it is for, this is the first correspondence ive had on this from them. I've checked my credit file and i do indeed have a CCJ on my file for the balance they say i owe. Where do i stand on this? They obviously had my address as Im challenging the other account in question , why have ive not received anything yet its gone through the courts and they have gone in their favour? Can i still challenge the debt even though its gone through the court? I am fuming, If anyone could point me in the right direction I would very much appreciate it Have a great weekend Thanks Andy
  7. received on Saturday a claimform from Lowell stating that despite previous attempts to contact me they have now issued a court claim. The 3 contract was from 2015 from what i can work out. can anyone help please. T he issue date is the 5th december. Cheers
  8. Hi, Hopefully someone can help with this.. My wife took out a debenhams card back in 2005 due to difficult circumstances in 2008 she defaulted on the account. this lead to eventually having a CCJ registered against her and a charge put on the property in October 2009. i have all the paperwork for this including the original agreement she signed in store, default notice court claim form the works. we are in a better position now and would like to know what would be the best outcome for resolving this? The CCJ is for just over £2k The ideal outcome would be to get the charge removed removed from the property, the CCJ removed from the credit file and a chunk if not all of the outstanding balance written off but that maybe too optimistic. any advice would be welcomed. Thanks in advance Covers22
  9. 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.
  10. I have been issued a CCJ which was pursued by Bryan Carter on behalf of arrow global. It was issued in Autumn 2010. When this was being issued I asked for CCA and SAR requests to which I did not get any reply. The debt was just under £4000 but with court fees it came up to almost 4 and a half. I was asked to pay £50. But due to my circumstances I requested fro reconsideration to the court and then it was brought down to £1 per month. I also received a confirmation letter that £1 of payment would be deducted from the information I provided to the court. But I just checked today that the payment was not being deducted and since then I have not received any correspondence from them either. What is my best course of action. This CCJ is going to be off my CRA file by the end of 2016. I have other debts being managed by LOWELL, DLC. 3 BY LOWELL AND ONE BY DLC. I am paying £1 statutory payment to them. I started defaulting in 2006ish or so. But CCJ was issued later. I have no idea who my original creditor is, it looks like a credit card. Please advise as to what should my next steps be: 1) Should I ignore CCJ and wait? 2) Should I contact Arrow global directly and ask for proof? Thanking you in anticipation.
  11. i have had a claim form sent to me re a catalogue debt i have asked for cca they have now said my case is on hold do i still put in SAR and put my defence in befre the deadline? ive only another 5 days to do this as they have only just replied to the CCA that the case is on hold. also ive looked online at the claim and it doesnt say anything about being on hold
  12. 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.
  13. 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.
  14. 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??
  15. 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.
  16. 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
  17. 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
  18. 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
  19. 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?
  20. 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
  21. 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
  22. 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.
  23. 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!
  24. 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.
  25. 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?
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