CCJ issued!!!

[Jamesx81x]

Hi

 

We recently took out an order with hillary's(rip off) blinds and on emailing the customer service department they arranged a payment paln of £75 over 3 months.

 

Shortly afterwards we started to receive letters demanding the payment in full. I wrote on 2 occasions informing them of the payment plan but these letters went unanswered.

 

The next thing we knew my wife had received a court claim from hillarys. My wife us currently unemployed and could only offer £35p/m which was agreed. She filled out the claim and sent it back before i had time to come up with our defence.

 

The outcome is she is now left with a CCJ for the sake of £35p/m when i was offering £75p/m as per the payment plan they had arranged. I even emailed thier legal department when the claim was first issued offering the amount but they just said now it had gone to court we had to fill in the claim form. They could have quite easily halted court action.

 

We have never refused payment to them and i was under the impression that court action was a last resort. They even admitted that they dont offer payment plans and it should have been done through a finance company showing their companies inability to communicate properly.

 

Any advice on this would be great as i think a CCJ is very harsh as we have not refused payment in any way.

 

Thanks

[postggj]

hi james

 

difficult question on which you will get a reply from the site team

 

the problem i see is that the debt has been addmitted and its gone through the legal process

 

you can apply to have the ccj set asside, but need a very good reason.

dont want to comment on that untill you get more replies.

 

to begin with, i would contact the creditor and explain the situation.

that would be departments not talking to each outher and a payment plan agreed

 

 

PLEASE CONFIRM

DO YOU HAVE A CCJ OR JUST THE N1 CLAIM FORM

HAS A CCJ BEEN AWARDED

 

under the circumstances ask them if they would not object to the judgement being set asside.

this goes a long way with the court

[postggj]

ALSO

 

did they send you a default notice before the ccj

[Jamesx81x]

Thanks for the quick reply.

 

My wife panicked and filled out the N1 form where as it would have been better to file a defence.

 

They have now issued judgement against her.

 

Would it be the creditor we need to ask about the objection or the court itself?

 

What annoys me is that at the N1 stage i was still offering the payment of £75 as initially agreed and asked them to settle the matter out of court but they just replied the claim has been issued fill it out. There was no need for them to let it get to the judgment stage.

 

It was not done under a Credit Agreement as it should have been so am not sure if a default notice applies but no none was issued.

 

Thanks

[postggj]

can you please explain not done under a credit agreement

what was the perticulers of claim on the n1 court form you received

[palomino]

It was not done under a Credit Agreement as it should have been so am not sure if a default notice applies but no none was issued.

 

Not the same thing. Before someone takes you to court they must send you notice they are intending to do so. Did you receive this?

 

One further point : if you pay the judgment amount in full within 30 days of the judgment then it will not go on any public record such as credit reference agencies - your credit history will be unaffected.

[Vampyra]

I did pay within 30 days and still got the CCJ.

[Jamesx81x]

They offered me an installment plan to pay £75 over 3 months. Thier legal department only recently tol me that usual way was to go through a finance company to offer the repayment plans on finance. This was not done with myself. They called it a gestuire of goodwill but i was left to beleive that this was the normal way. Why was i not told about this when i emailed them? Something they have yet to expalin.

 

The particulars were basically that i had ordered goods and not paid for them. As previously said we have never refused to make payment.

 

Yes we did receive a letter saying court action would follow to which i replied with one of the two unanswered letters.

 

We are not in a position to pay it off so it is removed from file as much as we would love to. At the end of the day as previously said they could have halted court action as i offered the payment yet again at the N1 claim stage but was told my wife had to fill out the form.

 

How can they go ahead with a County Court claim when we are offering money?

 

Thanks

[postggj]

but before the ccj was issued, you should have received a letter of default, that gives you the oppertunity to rectify the default

this notice has to be laid out in a certain way before an account can be terminated or invalid

[Jamesx81x]

As previously said it was not a Credit Agreement so a defualt notice does not apply.

 

I received a letter warning me of court action which i replied to and failed to get an answer.

 

Thanks everyone so far!

[Mrs_Ryan]

Hang on a mo... I used to work for Hillary's.

 

When you ordered the blinds, were you due to pay on finance or by some other way?

 

Can you give me some more info and maybe i can help? I worked there up till only a month ago so Im still fairly clear on their policies etc, and I smell a very large rat, pm me if you need to.

 

Mrs R x

[postggj]

mrsryan

 

great minds think alike

i to smell a rat

[Mrs_Ryan]

glad to know Im not the only one postggj!

 

I have my suspicions abot what they have done but we shall have to wait and see... either way there are things that it sounds like they havent done so Im sure that I can see a way out of this for the OP...

[gizmo111]

I did pay within 30 days and still got the CCJ.

 

Its 28 days - bad luck:x

[Jamesx81x]

When i ordered the blinds i was due to pay the remainder in full after an initial deposit.

 

I emailed customer services and asked if i could pay by installments. They replied i could pay £75 over 3 months. No mention of the correct finance facility was mentioned as it should of been.

 

Their legal department are now trying to say it was a gesture of goodwill. Balls! This is them trying to get out of it. The correct procedure should have been explained and wasnt leaving me non the wiser.

 

Shortly afterwards is when we started receving the demands for payment in full and them stating Hillarys do not offer payment by installments. I mean come on they either offer it or they dont. They are making it up as they go along.

 

We are now left with a CCJ because of these idiots. There was no need for court action.

 

Thanks

[postggj]

hi james

we are getting there now

i am starting to smell a defence to get the judgement set asside,

misrepresentation for starters

do you have a copy of the terms and conditions ref the deposit etc

[postggj]

ill wait for mrsryan

it appears this cagger has inside knowledge of hillarys blinds

two heads better than one

[Jamesx81x]

I am not sure if we have the terms and conditions i will have a look though.

 

Thanks so far!

[Jamesx81x]

Any more info?

 

Mrs Ryan would be great to hear what you think!

 

Thanks

[postggj]

james

send mrs ryan a pm

[Jamesx81x]

Thought i was going to get a bit of help as original posts looked good but then everything just went quiet.

 

Anyone have anymore information?

 

Have PM'd mrs Ryan postggj but no reply, must not have been on

[postggj]

hi james

realy need to see t&c

any joy

 

not gone away, still digging

[Mrs_Ryan]

Im here!!!

 

Been on hols - sorry everyone.

 

Looking now for you.

 

James, will pm you when im done.

[Jamesx81x]

Hi

 

Thanks for all the advice given and am now preparing my court forms for a set aside on the CCJ but may need some advice during.

 

Will let you know how things are going.

 

Thanks