Horwich Farrelly CCJ help???

[Stoney Lint]

This is my first post on these forums after lurking and learning for the past few weeks so please forgive me if I sound stupid at times but we all got to start somewhere right?

 

I tried to re mortgage my home in March of this year. I know just as the credit crunch started to bite talk about bad timing. But was turned down at the last minute. However the mortgage company did ask me about a CCJ registered against me. This was the first I knew of it. I obtained my credit file from Experian and confirmed that I have a CCJ registered against me and the date of registration was 27/02/2008. The next thing I know a bailiff is knocking at my door demanding payment of £147. he was very understanding and allowed me more time to make the payment direct to him the following week. I did a bit of digging around and found that the CCJ was registered by Horwich Farrelly (whoever the hell they are?) the total amount was for £2448.

I decided to send Horwich Farrelly a CCA request on 18/07/2008 to try to establish if they indeed did own the debt. The only response I received from them thus far is a letter telling me that I'm in 3 months arrears of £360 total (£120 pm) of which I can't really afford to pay.

 

this brings me to a few points that I hope someone will be able to help me with.

 

1. I did not receive any default notice or court paperwork regarding this debt.

 

2. I only found out about it after trying to re mortgage my home in March of this year and when the bailiff came calling.

 

3. How do I get the CCJ set aside and can anyone help with any forms etc.

 

4. Should I continue to pay the judgment being that it has serious consequences if I miss?

 

I look forward to your responses which I know from reading other posts will be greatly received.

[babybear39]

First thing to do is to get the CCJ monthly payments down with a variation order to an amount you can reasonabley afford. This is achieved by getting the forms from your local county court and sending them to the issuing court with the fee...Come back when this is done and we can help you with the rest.

 

DO NOT miss another payment whilst this is happening or a warant of execution may be sought and baillifs can attend.

[Percival Wigglesbottom]

I would also look into getting this ccj set aside , as you did not receive any court paperwork to your address.

 

 

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   

 

etc .

 

 

Here :

Removal of CCJ's - Valid reasons to have your judgements set aside

 

Removal of CCJ's - Step by step guide to the process

[Stoney Lint]

Update:

 

The OH is going to get the needed forms from the courthouse today so will take a look when I get home from work tonight. Thanks for your replies. This debt is from my American Express credit card.

 

Babybear39 - If I request reduced payments am I aknowledging the debt? I only paid the £147 because the bailiff was at the door. Would this cause problems later if I wish to contest the amount owed as I'm sure there are penalty charges included with the amount.

 

Percival Wigglesbottom - Thank you for the advice I do feel that I've been railroaded with this one and would like to get it set aside so they can't enforce it. I'm sure they will not have a CCA agreement in which to enforce the debt again.

 

I wait for your responses.

[babybear39]

Stoney, at this point it doesn't matter if you're contesting the amount of the judgement, you need to follow certain steps. Getting the order varied is the first and the easiest. Following Percival's advice is your next course of action.

 

CCJs are nasty things and if you default on a payment for whatever reason, the creditor can, and will, as has been shown already, apply to the court for a warrant of execution. You should have had a copy of this sent to you giving you time to pay before baillifs were sent to your home, did this happen?

[Stoney Lint]

Babybear39 - I have received one letter from them on Saturday stating that I was in arrears of £360. I will say that until this letter I did not know who to make payments to and how. They have given me 10 days to pay up or else they will apply for a warrant of execution. The trouble is I don't have the money until the 7th of August at the earliest.

 

Any suggestions?

[babybear39]

When this happened to me, I received the warrant from the court and called the baillifs office and spoke to a very nice lady who gave me a bit more time to pay. But you don't want more court charges that are incurred with another warrant...

 

I would never usually advise this but it may be worth calling horwich farrelly to explain.

[Stoney Lint]

Hi BB... I've looked at the form from court N245 and need a few questions answered please.

 

Do I apply for a suspension of warrant and/or a reduction in payments?

 

For the expenses I have a full list already done on a spreadsheet can this be printed off and attached to the form or must I fill out the form as is?

 

What would be a reasonable offer say £10 as they are currently getting £120 and I can easily afford £10.

 

Which court do I send the completed form and payment to? Northampton?? or my local court???

 

As always I await your advice.

[babybear39]

You make an offer that is affordable which the court can see as reasonalbe taking into acount your income and expenditure. The variation order needs to be sent to the issuing court.

Edited July 22, 2008 by babybear39
spelling

[Stoney Lint]

Update:

 

I have filled in my N245 form and will post first thing tomorrow recorded delivery. I will keep you posted of my progress.

 

Thanks to everyone on CAG keep up the good work

[Stoney Lint]

Update:

 

I have recieved my variation acceptance letter from the court on 11th August it's now set to £10.00 pm instead of £120.00.

[Stoney Lint]

I sent a CCA request to Horwich Farrelly on 18th July and still no reply. It would not be in their best interest to reply as they have a court order in place so how do I make them comply???

[babybear39]

Report them to Trading Standards and the OFT for breaching the Unfair Commercial Practices Directive and the CCA 1974:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

As it's a CCJ, you have to continue the payments but it may be worth sending an SAR to the original creditor to see if there are lots of charges you can reclaim to reduce the debt:

 

Reproduced courtesy of Nicklea

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Ammend to suit, DO NOT SIGN, PRINT YOUR NAME, send recorded and keep a copy with your postal receipt.

[Stoney Lint]

UPDATE.

 

I contacted Horwich Farrelly today to make my first payment of £10.00 under the new variation order due on the 11th of this month. Whilst speaking to litigation I asked the lady on the phone if they had received my CCA request as they had not replied and where now in default. She said they had received my CCA request and contacted the OC but no CCA request as yet and she would contact them again today and let me know in writing in due course.

 

At least they have admitted they recived my CCA request and it looks like they don't have an agreement for the debt.

 

So what would be my next step to get the CCJ set aside can anyone help with wording on a N244 form?????

 

How about you Baby Bear can you help?

 

Just to recap:-

 

1. I received no default notice from Capital One (American Express Card).

2. I recived NO court papers in which to mount a defence.

3. I have been granted through the court a variation order.

4. They are in default with my CCA request (it doesn't look like they will get a copy of the agreement either).

 

5. I just happen to have an N244 form ready.

 

many thanks.

[babybear39]

Sorry SL, this is way out of my league.

 

The best thing to do is to post in the legal issues section and link this thread asking for help there...

[42man]

Have you sent a SAR to American Express ? so that you know exactly where you atand with the paperwork ?....when was the last time you made a payment to Amex directly ? How old is the account ? (or to a previous DCA ?)....

I have to say that unless you submit a witness statement or an affadvait to say that you never received the original claim papers, then most judges will simply say...'I don't believe you' (I have heard this comment from a judge in court myself (but not in answer to a quote made by me !!!))...you might have a long and tough battle....

[Blossomandebony]

Hi,

 

Set asides are routinely given where the defendant can show:

 

1. They have acted swiftly once they have realised the ccj was awarded.

 

2. They have show they have some chance of defending the claim.

 

You seem to have 2 okay, but 1 could be more difficult to show.

 

I think the biggest problem may be the fact that it seems you have admitted the debt by applying for a variation order, - it suggests that you didn't dispute the debt then, so the judge may ask why you now dispute it.

 

This is not to say that you definitely won't achieve a set aside, it just puts a large spanner in the works. If you do decide to apply for a SA you will have to convince the judge that you were confused about the process of getting the debt set aside. If you fail in court at the SA hearing you will be liable for the other side's costs, which could amount to £600, (more likely to be around £300 - £400).

 

And you have got the payments down to an affordable level so simply keeping up the payments may be the best option. . .

 

BAE

 

(if you do still want to go for a SA, can u post what exactly you put in the variation order)