Credit cards and court

[leetut]

Hi All

 

I had a credit card with crap 1 only £200 but after charges late payments etc... it is now £561,

 

Anyway they sent it to a company bourne & co in Warickshire? and they set a CCJ up i agreed to £10 a week but later couldnt afford it, recently bailffis was at the door demanding payment, in the end he advised to fill a suspension order in which i did and asked the payments to be £5 per week, Bourne and co rejected this and have now the court have told me to attend the hearing because bourne want to carry out the baliff execution,

 

The thing is since i sent the suspension letter in ive got £20 a week proity debts extra now because of rent and councilt tax, the debt company dont have this information and they said i have £10 a week disposable income on top of the £5 per week i offered which i now dont have.

 

What will happen at court? and will bourne turn up? they will have to travel to sheffield from coventry i think, and should i tell them about my circumstances changing

 

Thanks and sorry about long post!!

[MARTIN3030]

They may not turn up-they may instruct a local solicitor.

Its a variation order you are asking for ?

Yes its worth informing the other side-do so in writing in advance of the hearing.

Have you been given a date ?

[davethorp]

You really should reclaim the charges as well as that would reduce the amount you owe them

[raydetinu]

defo reclaim any charges; send letter to card company and DCA. list teh charges and take letter to court with you.

[MARTIN3030]

yes agreed-you should have counterclaimed for your charges.

[leetut]

whats a variation order? ive got to go at the end of feb so dosnt give me much time, im will defo claim the charges back i havnt got my account number though will it effect me?

[leetut]

whats happened is ive asked for suspension of warrant of execution filled the form in and offered a reduced rate, they have rejected it and said they wish the baliff to proceed with warrant of execution,

 

ive had a letter from the court saying "It is ordered that the defendant apllication to suspend the warrant of execution be listed for hearing and will take place before a district judge sitting and that i should attend what does it mean? getting worried about it!

[leetut]

what happened is i could not pay the agreed amount so when baliffs came he told me to fill a form in with offere of new repayment and suspension of warrant of execution, they refused and wish for the baliff to proceed with the warrant

 

Letter arrived from court saying "It is ordered that the defendant application to suspend the warrant of execution be listed for hearing and will take place before a district judge sitting where i should attend" what does this means going to happen? little worried!

[leetut]

Does anyone know what will happen at court? ive sent letters to crap 1 to claim charges back now:)

[patdavies]

what happened is i could not pay the agreed amount so when baliffs came he told me to fill a form in with offere of new repayment and suspension of warrant of execution, they refused and wish for the baliff to proceed with the warrant

 

Letter arrived from court saying "It is ordered that the defendant application to suspend the warrant of execution be listed for hearing and will take place before a district judge sitting where i should attend" what does this means going to happen? little worried!

 

It simply means that they have chosen not to accept the suspension and your offer of payment; so the Court will make the decision.

 

If your offer is reasonably all you can afford and can demonstrate that to the Court, then all likelihood is hat the Court will suspend to order of execution and allow the variation.

[raydetinu]

You need to fill out a statement of income and expediture; theres a form on here somewhere, maybe someone can advis, and submit that to the court. As said if can afford a resonable sum then that will be the order.

But if you fail to comply with that then they wont be so considerate next time.

 

Are you sure they have a valid claim; have you seen the credit card agreement? Have you asked for a copy? see other threads on this. THey must produce a valid copy the agreement duly signed by you.