Incasso / Tesco Ccj

[andyathers]

hello all,

4 weeks ago i recieved court claims from northampton court.They were sent by Incasso(tesco loan). I sent the forms to my DMP provider and they dealt with the papers.

I now know i should have filed them in,and submitted a defence.Obviously payplan would have admitted the debt etc.

 

However I asked incasso for a CPR and they never relied ( they signed for it) 3 weeks ago. I aslo sent the request to tesco just in case I needed to.

 

I would like to also add that tesco have never defaulted me.What can i do about this now.I am happy with the amount the court says i need to pay(same as i am paying to Payplan).

 

Incasso seem to have just tottally ignored all my communications.

 

Thanks

[andyathers]

Hello,

 

Yes I did let payplan deal with it.I regret doing that and wish I had sent the forms off myself.

 

The point I am making is why did Incasso not reply to my CPR request.I requested that before I passed the court forms to Payplan.

 

And my other point is Tesco never defaulted me, I have read on here somewere that they should have defaulted me before going to court for a CCJ.

 

So I am just asking the forum for advice,could I appeal the decision, on the grounds of no CPR / never defaulted. Or is it pointless.

 

Thanks Andy

[andyathers]

Just like to add.I only ever recieved 1 letter from Incasso (tesco) solicitors. It gave me 7 days from the date of the letter to pay in full or I would be in default.is this right also.

 

Thanks

[DocH]

Other than the possible absence of the Default Notice, do you have any other grounds for defending the claim, ie penalty charges included in the amount owed, unenforceable CCA etc.

 

The non-receipt of a Default Notice does not necessarily mean one was not sent.

 

There is just a chance that you may be able to get the judgement set aside. It will cost you £75 to submit the necessary paperwork to the court and you may not get the set aside, is the risk worth the £75? The following link provides for circumstances when a set aside should be allowed:

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[andyathers]

Hello I recieved this from the court granting tesco(incasso) a CCJ.It is for the exact amount that I pay into my DMP with paypal.What I dont understand is, payplan have just e-mailed me saying they have sent documentation to the court and asked for it to be heard at a local court.

 

I have phoned paypal but they have gone now.I was just wondering what paypal are doing.Surely getting the same amount set by the court is a good thing.I was expecting the court to suggest something ridiculous.I an happy with the amount set,which is what I pay anyway.

 

I just dont understand what Paypal are doing now and what they hope to achieve.I dont understand the system at all.

I have blanked out a copy of the CCJ attached below.

 

Thanks

 

[andyathers]

Any Advice People.

 

Thanks

[SomchaiSomchai]

"I am happy with the amount the court says i need to pay(same as i am paying to Payplan)."

 

So, you've been ordered to pay £8,432 at £26 per month for the next 26 years, interest free. That sounds like a good deal if you accept the debt.

 

I think you'd have a hard time getting this CCJ set aside; you would have to think about what your grounds are for that, and be able to sensibly compose that in writing.

 

It sounds like payplan may have failed to submit a defence in time ? Incasso are not obliged to provide anything you request and can disobey the laws if they wish; It up to us to have the courts enforce the laws by bringing these failings to the courts attention in making our defence. Why not have a practice by writing your reasons for why the judgement should be struck out & post it here, and then others can review.

 

Perhaps you need to make clear in the post what you are trying to achieve - to dispute the debt and have the claim thrown out, or to vary the payments.

 

just my humble opinion.

[andyathers]

Hi,

I dont dispute the debt at all.I went with Payplan 6 months ago.With the intention of a short term plan to take me through a difficult period.

 

Tesco (incasso) have been nothing but disgracefull in the debt recovery.They have lied and contradicted each other on more than 1 occasion.

 

I was never defaulted by tesco(incasso were not interested in this).

 

Incasso did not co opereate in any way with CPR request ETC.

 

I sent the original court forms to payplan and they filled them in.The judgement came back exactly the same figure as payplan originally suggested( I was

happy with that as I have heard horror stories from northampton court of payments being set a ridiculous amounts and in turn this as ended up with a charging order.).

 

Payplan have now informed me there legal team want this case heard at a local court.This is to do with it being a joint loan and tesco(incasso trying to be a bit crafty in getting more money out of the deal).

 

Maybe payplan see something a mis here.

 

I would like to make very clear.I fully except my debt and I am working very hard to sort this out.I currently work 60 hours a week( in an industry were 37 is more than enough). I seek advice on the net and spend hours seeking that advice.I also spend a lot of time and money filing and copying everything that come through the letterbox.

 

It takes up all my spare time.But to be honest with you I dont understand any of it.I JUST WANT TO PAY MY DEBT BACK AT A LEVELTHAT I CAN TRULY AFFORD,AND IN THE FUTURE MAYBE MY CICUMSTANCES WILL IMPROVE AND I CAN PUT AN END TO THE DEBT.

THANKYOU

[wilko1]

Incasso could apply for a re-determination hearing, they could then ask the judge for a charging order. That is what they did with me, trouble was the clowns didn't take into account I live in a rented house.

[andyathers]

Just updating