Help needed CCJ forms received

[joeybartonisadca]

Hello,

 

My mother has been dealing with her debts for the last 4 years-ish through a third party called Chiltern.

 

Low and behold yesterday morning a CCJ form turned up from Restons regarding an old HFC/Marbles debt, now I need some advice as to how to proceed with this.

 

Should I now issue a CCA request, a CPR request or anything else, or is it too late?

 

Apparently it seems Chiltern haven't been passing her payments on, I have been trying to tell her for the last 2 years that if a DMP is the way she wanted to go, to use either the CCCS or Payplan, but never mind.

 

Basically, what way should I now proceed?

 

Thank you.

[cerberusalert]

Moved to Legal Forum

[Craftygirl42]

You need to acknowledge service, easily done on the MCOL website, stating you wish to defend and then get the CPR off to Restons and dont sign it. Its certainly not too late to fight this.

[hungrybear]

First point, no such thing as a CCJ form.

 

Do you mean an N1 or summary judgement (N30 I think it is? - correct me anyone)

 

Assuming N1:

 

Use CPR to get them to provide CCA, DM, Termination, Assignment.

 

 

And write to chiltern and get them to explain their role and why payments haven't been passed on.

[joeybartonisadca]

Just checked, it is certainly an N1 form

 

Will get the CPR request off tomorrrow along with a letter to Chiltern

 

Thanks for the help, I know a lot of the time they don't actually expect anyone to defend, they'll get a surprise this time.

 

Another quick question though, would Chilterns role in this directly influence any CCJ decision? If it can be proved that payment were being made but due to their incompetance not being passed on?

[hungrybear]

don't suppose there's any chance they withheld payment for 6 years is there!? (thought not never mind)

 

The words Restons, HFC and Marbles are not often associated with the words enforceable documentation from what I've seen.

 

If chilterns didnt pass the money on then they can give it you back.

 

IF (cannot make the IF any bigger, but hopefully its a big one) HFC come up with compliant paperwork and IF it gets to court then the worst that can happen is a payment order at an affordable level.

 

Now do as craftygirl said - acknowledge service, intend to defend in full. And get the CPR request off - there's plenty of examples of what to put in it kicking around the forum. Keep CAG up to date, we can usually find a man/woman that knows!

[Craftygirl42]

Joey - as to your question re chiltern not paying your payments. I was in a Debt Management Plan with a 3rd party, not one of the charities and I was still taken to court. It doesnt seem to matter. Having said that one of our creditors didnt have the right documentation, so they stuffed themselves by taking the court action, as we would probably have just continued paying via the DMP.

 

Now they wont get a penny more, and each day is another day until its statute barred....its only right at the beginning though...lol.

[postggj]

Which Dca Are Restons Acting For

 

Look On The N1 Claim Form And It Will Say Who The Creditor Is

[hungrybear]

Which Dca Are Restons Acting For

 

Look On The N1 Claim Form And It Will Say Who The Creditor Is

 

 

dont tell me you lost your Marbles posty :lol::lol::lol:

 

- ok rubbish joke but it is a wet Thursday afternoon

[joeybartonisadca]

They are acting for HFC according to the N1 form.

[postggj]

I Correct And Never Stop Asking Questions

 

It Catches Out Any Spies In The Camp In The Early Stages

 

Telling A Lie Is One Thing, Remembering It Is Another

 

Its Ok Joey

 

Not Aimed At You

Just Experience

[joeybartonisadca]

I Correct And Never Stop Asking Questions

 

It Catches Out Any Spies In The Camp In The Early Stages

 

Telling A Lie Is One Thing, Remembering It Is Another

 

Its Ok Joey

 

Not Aimed At You

Just Experience

 

No probs.

 

I now just need to get my Mom to actually listen to me and stop burying her head in the sand. I know that unless I actually take this action for her she won't end up defending and will let them ride roughshod over her, like chiltern appears to have been doing.

 

When she phoned them yesterday morning their advice was, "just fill the forms in and send them back" :o

[Craftygirl42]

our DMP company was absolutely useless and just said 'a lot of Companies seem to be attempting to get a Charging Order now'... as thats what our DCA was threatening.

 

If she was my mum, I would make it clear that I would assist her all the way, and not to give up. Hope you can persuade her, that at the very least, she should see a CCA.

[Pipster2797]

Have you gone online and acknowledged service? This will give you 33 days to get a defence together.

 

Is there anyway you can scan the POC (particular of claims) and put them on photobucket for people to have a look at? Black out any personal details so you can't be identified as Restons could be watching. With my POC from Restons they have hardly got anything on there

 

I'm going through the same thing with Restons acting on behalf of HFC for the same as you a credit card from Marbles. You will get the best advice on here as I have.

 

Have a read of my thread and where I am upto

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/223267-poc-sent-restons-hfc.html

 

also within there is some other threads of cases that have been won against Restons/HFC. I would suggest reading as much as possible to help you beat these tw@ts!!

 

As hungrybear said earlier you need to get the CPR off tomorrow to ask for the CCA, and Default Notice (mine is invalid) and any Termination Notice. Chances are they will fob you off as they did with me but we can take care of that at a later stage. All they have provided me with is an app form for the card that has no prescribed terms and a reconstructed DN that is defective anyway.

 

Tell your mum not to worry too much as she will get all the help possible from this site.

[hungrybear]

 

Tell your mum not to worry too much as she will get all the help possible from this site.

 

 

Tell you mom that my wife had her head in the sand over a total of about £30k to about 6 creditors. I took over the whole thing for her - opened all the appropriate mail and sent off all the responses - often without even telling her what was happening. In 18 months I have now seen the lot of them off. All these 'debts' originated 1998 - 2002 and all had no paperwork whatsoever.

[joeybartonisadca]

Hi all, just wanted to say thanks for the words of support, I have managed to to show my Mum this thread and she is feeling a whole lot better about things.

 

Basically just a couple more questions here, could a charging order be obtained against her? She has joint name on the property with my father (who doesn't know about any of this)

 

As I live quite a distance away from my Mum, I have asked my sister who lives with her to try and scan up the POC with the deleted personal info ASAP and as far as I am aware the CPR request has gone off today.

 

IF and I know it's a big IF with this lot everything comes back as hunky dory on their part, what would the procedure be regarding the court and a defence, if there is no defence to be made?

 

Thanks all.

[Craftygirl42]

I believe a charging order is way down the line. She would have to get a CCJ and then not pay the amount that is agreed with the Court. Everything must be done within the time frames or your mum will get a CCJ by default. So keep a close eye on the dates and have a look around the site for a holding defence. I am sure when I was at that state, I did a search and lots came up. You can then adapt it to suit and post it up here for someone in the know to comment.

 

Lots of help is usually available here during each step, even if someone pops some links for you to read to sort it yourself.

[joeybartonisadca]

Sorry to be a tad ignorant, but what's a holding defence?

[Craftygirl42]

Sorry meant embarrassed defence, stressful day. If they dont reply to the CPR and dont supply the documents you need to enter a full defence, you can submit an embarrassed one which basically says that you cant enter a full one as they havent supplied you with the necessary documentation.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/228228-advice-please-m-taking.html#post2568911

 

This thread has an embarrassed defence in it, similar to the one I used for my case

Edited November 13, 2009 by Craftygirl42

[Pipster2797]

as explained by craftgirl, mine is an embrassed defence as per my link in post 14.

 

Give it a read as it will show you what to expect from Restons and how I dealt with them so far. I didn't have a clue when I first got the summons but read quite a few threads with the help from people from my thread.

 

Also there is a few links to other WON threads in there and I've learnt a hell of alot from them.

 

Its well worth reading as much as you can to understand how these scumbags work!

[hungrybear]

embarrassed defense = not a clue how to plead 'cos they wont tell me what the court action is about.

[joeybartonisadca]

The particulars of claim are:-

 

The claimant claims payment of the overdue balance due from the defendant under a contract dated on/or about the **/**/05, with the sum of 3***,**.

 

Acc no.

 

Date:

 

Item: Default balance

 

Post refri: nil.

 

Total:

[joeybartonisadca]

Just a quick something else, the original agreement my mother took out was in 2000-02(ish). When she got into financial trouble HFC re-wrote the agreement for her which is where the 05 date on the POC comes into play.

 

As I have been led to believe by her, every payment on this re-written agreement has been met and honoured and she also has the statements from the DMP plan to say so.

 

What I am asking is, doesn't the fact that the agreement was re-written in 2005 superceed the original and therefore no defaults have occurred on this agreement?

[postggj]

Joey

 

Your Mind Works Like Clock Work

 

You Are Correct An Agreement To Modify The First Does Cancel Out The Original Agreement, Thats Rights And Protections For The Creditor As Well As The Debtor

 

Do You Have A Copy Of The Modified Agreement

[joeybartonisadca]

Joey

 

Your Mind Works Like Clock Work

 

You Are Correct An Agreement To Modify The First Does Cancel Out The Original Agreement, Thats Rights And Protections For The Creditor As Well As The Debtor

 

Do You Have A Copy Of The Modified Agreement

 

Just in the process of obtaining one, I spoke to my Mother today and she is positive that she hasn't defaulted on any payment since the agreement was modified.

 

I have also scanned up a copy of the POC as asked and it looks rather vague.