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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen.   DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free. 
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DCA wants me to increase CCJ payments.


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I have a CCJ against me and have received a letter from Howard Cohen & Co which states:

 

We refer to the judgment order in this matter which we have scheduled for review. It is diserable that the instalment amount be increased, as we are sure you will agree, it is in everyone's interest that this judgment debt be satisfied as quickly as possible.

Please provide by return, details and evidence of your current income and expenditure, together with your proposed increased offer. An evidence of means declaration is attached for your assistance. If we can agree an increased instalment then it will not be necessary for us to apply to the court for formal ammendment of the judgment order.

 

I did not realise that they could ask for increased payments, I had assumed that the repayments once set by the court were for the life of the debt and why do all letters from DCA's have to end with a threat!

Dibs.

Don't know if i'm coming or going!

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They can ask for increased payments but if your circumstances haven't changed all they'll do is annoy the judge.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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NO Creditor has any right to vary the terms or payments ordered by the Court unless a new Order or Variation has been sought

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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If your financial circumstances are pretty much unchanged from the time of the ccj in that to increase the payments would make a difference to your

standard of living reply along these lines.

Dear Sirs,

It would obviously be in your interest to have the payments increased. In my

case however, any increase would be detrimental to my financial situation and will be vigorously defended.

Should you consider taking me to Court, I will expect you to furnish the Court

with the Deed of Assignment and the amount you paid for the debt as a minimum. I am

sure the Court will take a dim view of you attempting to question its

authority, and to intimidate me at the same time.

I trust this will be the end of the matter.

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They can ask...... but unless the court orders you to pay more then there's nothing they can do! Sounds like they're just getting greedy and don't want to wait for their money in small installments.

 

Write back to them saying you are not in a position to increase payments above that ordered by the court, (don't fill in their evidence of means form!) then continue to make your payments on time. DON'T talk to them on the phone, they'll only try and bully you into increasing your payments.

 

If they do apply to the court to increase payments you will have the opportunity to challenge it (that's when you give evidence of your means!) - and given that you've been making your payments in accordance with the original judgment it is unlikely that they will succeed.

 

Their letters end with a threat because they are just plain greedy. Fortunately a lot of their "customers" have found this website and have learned how to deal with these threats.

 

Kind Regards

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thank you for all the replies, I appreciate the advice.

My financial situation is unchanged, I will inform them of that and wait to see if they decide to take further action, will that result in extra charges being applied to my account for court costs?

Thanks again, Dibs.

Don't know if i'm coming or going!

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I very much doubt they will take further action - given the fact that your financial situation is unchanged and you have been making your payments in accordance with the judgement -any further action would be pointless and as Rory says, they would only annoy the judge!

 

If you need any help with your letter don't be afraid to ask.

 

Kind Regards, Ell-enn

 

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Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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No problem - any time.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Please do not decrease, miss or even increase your payments on the judgment. Any one of these would class as a default and would allow the creditor to enforce. The only time you should change your payments is if there ahs been a variation order made.

 

In the mean time you could consider a complaint about these folks under s2.6f of the OFT debt collection guidance (trying to pressurise you to increase your payments when you are unable to do so).

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The ONLY time that payments can be changed is when an N245 (Application for suspension of a warrant and / or variation of an instalment) is filed at court.

Otherwise your payments should stay the same.

Be VERY careful whose advice you listen too

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You could try and contact the original owner of the debt and make them of an offer of 10% of the balance, as a full and final settlement, stating that you have no more money to offer. I am not sure if this would start the dates running again, if it has not passed the 6yrs for the debt to fall off your credit report.:oops:

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You could try and contact the original owner of the debt and make them of an offer of 10% of the balance, as a full and final settlement, stating that you have no more money to offer. I am not sure if this would start the dates running again, if it has not passed the 6yrs for the debt to fall off your credit report.:oops:

 

Not sure what you are trying ot say here, but this is a CCJ debt, that is being paid by instalments, it is highly unlikely as there is a CCJ in place that a reduced amount would be accepted. The CCJ will off his credit report after 6 years from the date it started.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Thank you Sequenci & Curlyben, that's the information I needed.

Allwood, I only wish I had done that originally, but as gizmo says, now that they have judgment against me they will want the full amount. Thanks Kelly, i'm sure they meant in the letter, that it's in their best interest that payments are increased.

Dibs x

Don't know if i'm coming or going!

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Not sure what you are trying ot say here, but this is a CCJ debt, that is being paid by instalments, it is highly unlikely as there is a CCJ in place that a reduced amount would be accepted. The CCJ will off his credit report after 6 years from the date it started.

 

Does that happen even if you haven't finished paying? I have a CCJ on a debt of about £2,000. If I'm paying £10 per month that's £120 per year, x 6 years = £720. I won't have finished paying after 6 years! Then what happens?

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Does that happen even if you haven't finished paying? I have a CCJ on a debt of about £2,000. If I'm paying £10 per month that's £120 per year, x 6 years = £720. I won't have finished paying after 6 years! Then what happens?

 

You keep paying the judgment until it is paid. The fact that there was a judgment granted would fall off your credit file but you would still be subject to it.

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  • 2 years later...

If you've not paid the amount set by the court then you've defaulted. They could choose to enforce. You may wish to apply for a variation so that you cna get the court to agree your instalment amount and prevent further action.

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