Black horse issued default and now gone to court

[charlie41dimmock]

black horse issued default notice, taken husband to court, didn't get our defence back in time, court issued us to pay back over 3 grand for car loan (when we gave it back well over a year ago, assumed dept repaid, at no time informed us how much sold for even when we asked them for info,) at 255 a month and gave us 2 days to pay first payment, we dont have that kind of money spare, on the letter it says attachment of earnings, or court bailiff to enter home and take and sell belongings, is that true or are they trying to scare us, husband is worried that they will come when he's at work and I will have to deal with them, not good for my breakdown recovery. We have nothing of value, just ordinary furniture,

please advise

[powelll]

What was the date the judgement for claimant was issued? You can apply for something called redetermination within 14 days and there is no court fee to pay. It basically asks the court to look at your circumstances and accept a reduced offer of payment based on what you can afford.

 

You mention defending the claim - you can only do this if you can prove that you don't owe some or all of the money ( you can also partly defend' ). Was this a HP agreement or a loan? When was the original agreement taken out and for how much? If you do have a valid defence you could try to apply for a 'set aside' which puts the CCJ back to the claim stage. But you would need to have good reason for not having defended within the usual time...

 

Meanwhile, just to put your mind at rest - further enforcement such as attachment of earnings bailiffs etc are possible once you default ie don't pay on a CCJ. This involves the creditor applying to the court for action to be taken so it's not an immediate threat to you. County Court bailiffs have no powers of forced entry so as long as you do not let them in and they don't gain 'peaceful ' entry through unlocked or open door or window they cannot force entry. Post with more detail on your type of agreement & amounts involved etc so we can try to help

[charlie41dimmock]

We get so many dept letters from a few places people, gats confusing, we were out of time by the time we managed to get some advice on it, was left in the dept pile for a few days also on the tv, did respond saying handed car back etc, just recieved letter today from court saying 'defence out of time. Default judgement entered 18 sept.'

 

'Claimant Black horse claims payment of balance due of 3,765.83 under credit agreement dated 06/12/01 made between black horse and defendant.'

 

court order repayment notice sentby solicitors Sechiari etc.

 

So can we sar/cca them still for info of dates interest etc, how much car sold for, as voluntary return of car or they would take us to court so they said.

 

Just read the letter again from the solicitors, mentions attachment of earnings, if they take the 255 thats we only just get by now.

 

'bancrupcy receiver will be appointed and all of your assetts will be sold to pay your depts',

we have none, just 2 old bangers from the auction worth 200 quid. and we need them for work etc.

'These will all incurre more costs which u will have to pay.'

 

'please note our client may be prepared to offer a rebate on an ex gratia basis to any customer who can settle dept in full.'

 

we have no savings or insurance policies to cash in, nowt.

 

Help

[charlie41dimmock]

just asked hubby the car was an HP agreement, he first started to not make his payments in 2004 when he had to change jobs to move in with me. Was just doing agency work a lot less money.

 

So can we still cca, sar them for info.

[charlie41dimmock]

bump please need some answers quick.

 

Can we apply for it to be set aside?

[charlie41dimmock]

Bump

[debtsurvivor]

I dont have any experience of these circumstances, I would reccomend that you contact National Debtline England & Wales | Contact National Debtline They will certainly have someone who will know. It is OK to call them they are just great really helpful to me and others.

 

Good Luck - DS

[sequenci]

Did you reply to the form with an offer of payment?

[charlie41dimmock]

If its the court form you are refering to no, as we dont see we should have to pay more as given car back and the dept is bigger than amount owed before, so they can go and jump, plus have other depts trying to sort out and cant afford to pay any amount to them, did think of bancrupcy, but that costs too ,as hubby working.

[payingonlyencouragesthem]

You can and should have the CCJ set aside because if I know BH there will be loads of unlawful collection and late payment fees in that figure. Another poster here successfully applied for a set aside on the grounds that the claim included unlawful charges and the judgment was thus for the wrong sum. Unfortunately you will have to pay them something in the end but if you go through with all the proper court procedures it will probably end up just being token monthly payments.

[charlie41dimmock]

hi thanks for that, so will need to sar cca them to find out info on charges etc, then?

[payingonlyencouragesthem]

hi thanks for that, so will need to S.A.R - (Subject Access Request) cca them to find out info on charges etc, then?

 

They will probably provide a statement for free but otherwise yes.