Help please with CCJ

[atype]

Could somebody please help me with regards to 2 ccj's I have received. To give a brief outline I have been ona DMP with CCCS for about 3 years now. I have fallen behind with payments due to being made unemployed. I have not made any payments for about 5 months having made the old mistake of burying my head in the sand.

Today I received 2 CCJ's from C & L Finance for an outstanding loan from HSBC for 2267.78 and 1159.46 which relates to an overdrawn current account.

My question is after only finding this excellent site about a week ago how do I deal with these CCJ's.

If I admit to the claim will this effect any CCA request to C&L Finance and a possible claim on charges made to my current account? After studying the forums for the past week, I am getting confused and cannot see the wood for the trees. Any help would be greatly appreciated.

Thank you

[Penfold92]

Could somebody please help me with regards to 2 ccj's I have received. To give a brief outline I have been ona DMP with CCCS for about 3 years now. I have fallen behind with payments due to being made unemployed. I have not made any payments for about 5 months having made the old mistake of burying my head in the sand.

Today I received 2 CCJ's from C & L Finance for an outstanding loan from HSBC for 2267.78 and 1159.46 which relates to an overdrawn current account.

My question is after only finding this excellent site about a week ago how do I deal with these CCJ's.

If I admit to the claim will this effect any CCA request to C&L Finance and a possible claim on charges made to my current account? After studying the forums for the past week, I am getting confused and cannot see the wood for the trees. Any help would be greatly appreciated.

Thank you

 

Hi Atype,

 

Ok firstly have you recieved the N1 claim form or ignored everything and actually got a CCJ? In other words are you being taken to court OR have you been taken already? This is very important...As soon as you reply I will post some options for you,

 

Penfold

[Edz11]

Agreed - this may be the start of the process rather than the end of it. If its the start it will read "claim form" at teh top left and "n1" bottom left hand corner. And - is the address of the Court "county court bulk centre"?

[atype]

Hi. I received the N1 claim form and the address of the Court is County Court Bulk Centre. However, I missed the acknowledgement of service and the 28 day response period. Am I up the creek without a paddle here? Thanks for your help.

[Edz11]

what was the date on the N1?

[atype]

The date was the 17th December 2007.

Thanks

[Penfold92]

OK AType,

 

Read: http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

 

and then call the Court first thing tomorrow morning to find out if you can still acknowledge and file a defence. The thread explains how to move the hearign after all you want easy access to the Court so that is also important.

 

See how you go tomorrow and post up here mate, you may just be ok....

 

Penfold

[atype]

Thanks penfold

 

will call the court first thing tomorrow.will keep you posted

 

atype

[Penfold92]

No problems that covers the bases when they are taking you to court...hopefully as I said you are not too late and can jump in. Remember even if you are late you may still be able to deal with this if the claimant is not quick off the mark...

 

So basically follow the info there and you should be fine remember:

 

Now, to conclude the advice, your immediate actions (in order) should be

 

1. Call the court, and find out the date acknowledgement of service and defence are due

 

2. Make sure you acknowledge service... you can do at the MCOL site (Money claim online). I would suggest selecting that you will defend the entire claim, and not submitting a defence / counter claim yet.

 

3. Check that the credit request letter was received and signed for; if not send it special delivery.

 

4. Send the letter in the last post, special delivery.

 

From now on, the rule is that you TYPE and don’t write any signature and that you send all letters special delivery (unless otherwise stated).

 

Ask the Court what format they want the acknowledgement of service and the fact you will be defending the claim combined with how to extend the time to defend. As long as this is going to be ok fire out the letter to the claimant regarding supplying you with ALL the info...

 

Then post up here and we will help you through it mate...

 

Penfold

[atype]

Hello Penfold.

I phoned the court today. It seems that I am too late and judgement has been made. I can have the judgement set aside for £75.00 and send a defence. What are your thoughts on this?

Thanks,

[Penfold92]

Do you think you can pursuade a judge why you did not reply in time? How late are you? Also how old is the debt and do you think they have the agreement? Do you remember what you signed?

 

Penfold

[atype]

This may be a possibility - by my calculations I am 20 days over the 28 day period for making a defence. There are 2 debts, 1 is for an outstanding loan and 1 is for a current account which is overdrawn. The loan was taken out approx. 7 years ago and I have had the current account approx. 8 years. I do not recall signing any documents, but I could be wrong. I can just about raise the £75 for each CCJ to have it set aside for my defence. Would I be correct in saying that I should send a CCA and an S.A.R. off as soon as possible to C&L Finance?

Thanks, Atype

[Penfold92]

Hi Atype,

 

No there is no point doing that here. What I would do is get down to CAB ASAP and talk to their sols about the chances of getting the Judgment set aside to present a defence...That is the first question, then if they say you may be able to to do that then start the stuff in post 7 off and explain tot he court that you are awaiting information from the claimant regarding the cases...The question is whether it is worth paying the £75 X 2...I cannot advise you on that, but CAB will be able to...you may just still have a chance here.

 

Penfold

[atype]

Hi Penfold

will go to cab and see what they got to say,i will keep you posted.

Thanks for all your help mate.

 

atype