Spreadex Limited CCJ - i admitted debt - now going for CO - can i N245 or go BK or N244?

[slick132]

Hi MissC,

 

I'll flag this up for the Site Team to see if we can get some opinion about the type of credit a/c which you have with Spreadex and what your best course of action may be to move forward from here.

 

[Misscynical]

Thanks, slick, would appreciate it. Saying that, I think this thread's been round the block a few times and there weren't many takers:-)

 

 

[MARTIN3030]

Site team aware.

I will be honest I know nothing about these ppl.

What have you got to lose by filing for a set aside ?

Or more importantly what have you got to gain !!!

 

Will

[Misscynical]

Ok, folks, I've now received a Notice of Redetermination of Judgment hearing for 12 February at my local court. Does anyone know what sort of paperwork I'll need for this? I rang the court but they couldn't advise. When I asked about the Charging Order hearing the lady said that the Redetermination would be dealt with first. I said that I'd like to try to get the Judgment set aside and she said to talk to the Judge about it at the Redetermination hearing. Any comments please?

[slick132]

Hi MissC,

 

The Redetermination Hearing will consider the rate at which you're having to repay the debt. So your best bet here will be an Income and Expenditure schedule showing how much you have available to pay toward this and other debts.

 

You can point out to the Judge that the debt is increasing because of interest being added to the debt, so you have no hope of reducing the debt as it currently stands.

 

At the hearing, you can ask the judge if they think it right that you responded (incorrectly, you now realise) to the Claimant, who you believe failed to point this out to the court.

 

The Judgement against you appears to have been made in default whereas you had, in fact, responded but to the Claimant who should have declared this to the court.

 

Say you realise this may have to be done officially and through the correct procedure (Application Notice N244). This would give you an opportunity to consider any documents which the Claimant relied on in obtaining Judgement against you.

 

As they have advanced you credit they must, I assume, have a Consumer Credit License and they must abide by some sort of requirements as regards a Credit Agreement with you. In the absence of input from others on this subject, you're going to have to research this further yourself, with a view to ascertaining what sort of agreement they must have. I'd assume this should have been a key factor in the Judgement against you.

[Misscynical]

Hi slick,

I will tell the court what you suggest and I am also intending to tell them that I would like to try to get the judgment set aside.

 

None of the documents referred to in the PoC were attached and although I've tried to get spreadex to handover all the information under a Subject Access Request they have refused.

 

They have sent me nothing showing that I opened the account with them, and from what they call their two-way agreement I can see nothing about interest being added.

 

In the meantime I'll be writing back to them to ask them again to cough up the information I requested.

 

Maybe when I start the set aside the Judge can make them give up the documents

 

. Thanks for taking the time to reply. MissC

 

I've just rung the Financial Ombudsman who are writing to spreadex customer complaints to ask them to give me the information I've requested:)