me v booker managent service

[hm_murdoch]

Hey all I really need some advice.

 

I received a letter from booker Management Services Limited with regards to a CCJ that I received in 2003 from Barclays Bank for £2209.05.

 

They are asking me to discuss payment of the account.

 

Theres also another page saying that the debt was sold to HLCF Limited on the 20th Nov 2006 saying that BMS have been appointed by HLCF to administer the account on there behalf.

 

There is also a letter on Barclays headed paper saying that the debt has been sold to HLCF Limited a d Bookers are a management company dealing with the debt and all correspondence on there behalf.

 

The debt relates to my old student bank account and sadly due to on going depression I got myself into a big mess.

 

I am in the middle of immigrating. I do not own any assests also.

 

Yes the debts mine hands up. Sadly there is alot of unlawful bank charges in there.

 

Can someone please advise me what to do next?

 

Can I still cca this debt?

 

Thanks

 

HM Murdoch

[The GodMother]

CCA and S.A.R them. You will then find out if there is a CCA and how much the bank charges are.

 

U will need the teplates letters for the cca it is letter N

[The GodMother]

stupid me i forgot to add the link.

 

Creditors and DCAs - Letter Templates & Budget Planner

[pt2537]

i do believe that there are different rules where a CCJ has already been granted.

 

im afraid i am no expert with CCJ's i think tomterm8 has knowledge in this area it may be worth sending him a pm,

 

i do know that once a CCJ has been obtained the CCA request would not work as the CCJ has been granted and the account/agreement is cancelled, however from my understanding you can apply to have it set aside, but like i said im not an expert in this area

 

Regards

paul

[tomterm8]

Hi, i got called over here about three minutes before the site was supposed to go down.

 

 

 

i do believe that there are different rules where a CCJ has already been granted.

 

im afraid i am no expert with CCJ's i think tomterm8 has knowledge in this area it may be worth sending him a pm,

 

i do know that once a CCJ has been obtained the CCA request would not work as the CCJ has been granted and the account/agreement is cancelled, however from my understanding you can apply to have it set aside, but like i said im not an expert in this area

 

Regards

paul

 

Life becomes more complicated when a CCJ has been granted. A whole host of questions and legal issues start up. Firstly, the absence of a Credit Agreement can still have some legal force; for example, where interest after judgement, or further enforcement actions not based on the judgement are intended.

 

However, the practical answer is that, very often unless a signed copy of a credit agreement is produced that is provably unenforceable, or some evidence that the credit agreement was unenforceable at the time of judgement, the mere lack of a credit agreement isn't going to get you very far.

 

My own experience is that the cases I've had success in getting a set aside fall briefly into three categories:

 

1. Cases which were filed in default, where the application to set aside is timely.

2. Cases where i can show, at the time the CCJ was issued, that it was issued in error.

3. Cases where there were relevant legal facts that were unknown at the time the CCJ was issued.

 

In particular, some success for some people has occured in getting CCJ's partially set aside on penalty charging arguments, although under the current circumstance it is likely that any application on those grounds would be stayed.

 

However, as a default situation it is often better, if you owe the money, to accept that you have a CCJ and get on with your life. getting a case set aside where you have no defence to a substantial part of the claim can actually hinder you with getting the rest of your life together.

 

For example, CCJ's fall off your credit record after 6 years. You've already had this CCJ for three years; if it was set aside, then a new CCJ awarded, you would start the clock rolling for an entire new 6 year period.

 

EDIT:

 

I notice that you mention "student bank account", and I presume that means overdraft. As you know, overdrafts are excempted from most of the part V requirements in the CCA (e.g. they don't need your signature, and the form of the credit agreement is very much less rigorous).

[pt2537]

thanks for popping in Tom

 

im hopeless with CCJs

 

Regards

paul

[tomterm8]

thanks for popping in Tom

 

im hopeless with CCJs

 

Regards

paul

 

Hi Paul, CCJ's are difficult, aren't they? By definition, the burden of proof shifts from the claimant to the defendant, and since you've already lost once, it is likely you will lose the second time.

 

It is easier with default judgements, but even then the court will only set aside the CCJ if there is a reasonable case to answer, and the longer you take to apply for the set aside, the harder it is. After three years, it is very, very difficult. Not impossible, however.

 

Personally, I suspect that if the OP has debts less than £5,000 in total, he might be best going for an administration order, with associated composting order.

[hm_murdoch]

Thank you for you reply Tom

 

Its a tough one to me to work out.

 

I don't own a home or have any assests.

 

I do not work as I am on incapacity benefit due to my last job at the same bank making me so ill.

 

If the debt has been sold does that mean that the owner of the debt can take me to court again and get a new CCJ? Which would last for another 6 years?

 

An adminstration order does seem a possibilty.

[tomterm8]

Thank you for you reply Tom

 

Its a tough one to me to work out.

 

I don't own a home or have any assests.

 

I do not work as I am on incapacity benefit due to my last job at the same bank making me so ill.

 

If the debt has been sold does that mean that the owner of the debt can take me to court again and get a new CCJ? Which would last for another 6 years?

 

there would be very little point... if they have a ccj, it is within the 6 years for enforcement action. They might bring another case in a year and a half to keep their rights active.

 

An adminstration order does seem a possibilty.

 

If you have debts less than £5,000 and administration order with subsequent composting order could be the best thing for you.

 

You should be aware that emegrating to another country doesn't generally stop people enforceing a CCJ... because it is possible to enforce a british CCJ in most jurisdictions (especially europe)

 

Of course, if there is an installement order, all you need to do is follow that installemnt order, even if they want to discuss you repaying the debt.