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CCJ and solictor failed CCA


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Hi

 

Asked this before in another way, some time ago.

 

I have a CCJ with co-op, but now being run by solictor, they have incresed the payments over time , but I thought that they cannot vary a CCJ payment judgement, without going back to court for a variation order ??, it was for £2-00 per month, now £5-00 per month, .

 

my solictors have sent a write -off request first , then a CCA request, both have been totaly ignored, no replys at all.

 

should I apply for a set aside of debt, I should qualify for no fee payment due to been on benifits DLA.

can i do that now this is from a 2003 judgement, and would the CCA I sent to solictors be processed or not, i have received a deafing silence from them , can they still proceed with the CCJ with the CCA failure ,or have I got to go to court to ask for a set aside after all this time (2003).

 

What would be my defence if any if a baliff turned up on my doorstep,( he won,t get in ) is the fact i have sent these letters off and had no replys to my requests be suffient to stall them , or can i just refer back to the original CCJ payment off £2-00 per month.

 

Or should i go to a set aside on health grounds, as far as i can remember it was in nov 2003 the CCJ was made and its now 6 years ago.

 

I have made no payments at all to the solicitors , neither have they contacted me at all, doe,s this mean that they have passed my letters to back to EQUIDEBT LIMITED WHO WERE ACTING FOR THE CO-OP LTD. is this the reason for the silence ( i am quite happy with the silence, no letters/phone calls ) which means in my book they might be obaying my CCA request, or is there some other plot being hashed up.

 

my other is with ruthbridge ,sorry did,nt mean to scare you !!! , again total silence , no CCA ,nothing , no phone calls , letters, i could enjoy this till i get my 100th card from the Queen.

 

again they have been sent "indispute letter as above has), still silence

 

your advice please

 

Two down and two to go.

 

dozy

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I have a CCJ with co-op, but now being run by solictor, they have incresed the payments over time , but I thought that they cannot vary a CCJ payment judgement, without going back to court for a variation order ??, it was for £2-00 per month, now £5-00 per month, .
They can't alter the payments, you pay what the judgement stipulates.
my solictors have sent a write -off request first , then a CCA request, both have been totaly ignored, no replys at all.
The CCJ in effect re-writes the CCA and overrides it, it would be better to send a SAR.
should I apply for a set aside of debt, I should qualify for no fee payment due to been on benifits DLA.
see; http://www.consumeractiongroup.co.uk/forum/general-debt-issues/104473-guide-setting-aside-ccjs.html

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside

can they still proceed with the CCJ with the CCA failure
If you are abiding by the order they can't do anything.
What would be my defence if any if a baliff turned up on my doorstep,( he won,t get in ) is the fact i have sent these letters off and had no replys to my requests be suffient to stall them , or can i just refer back to the original CCJ payment off £2-00 per month.
Answer as above, besides they would have to apply to the court for a 'Warrant of Execution.'
my other is with ruthbridge ,sorry did,nt mean to scare you !!! , again total silence , no CCA ,nothing , no phone calls , letters, i could enjoy this till i get my 100th card from the Queen.
You've disputed it, so do nothing the balls in their court.

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They can't alter the payments, you pay what the judgement stipulates. The CCJ in effect re-writes the CCA and overrides it, it would be better to send a SAR. see; http://www.consumeractiongroup.co.uk/forum/general-debt-issues/104473-guide-setting-aside-ccjs.html

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside If you are abiding by the order they can't do anything. Answer as above, besides they would have to apply to the court for a 'Warrant of Execution.' You've disputed it, so do nothing the balls in their court.

 

Hi

 

I just did a quick math on how long it would take at the original judgement order , on 3340-00 and it comes out at 172 years !!!, i will probably be around for another ten years hence , so i pay £240-00, not bad, and there will not be anything left for them , in fact theirs nothing now!!.

 

I thought anyone with a few bits of sawdust in their head would have relized long ago , that its not worth the effort involved in trying to collect, but of course they are trying to find out what you have , in my case zilch.

and they cannot chase anyone else in the family , my wife in ten years will be 82 ,me 72. so i,ll SAR them and give them and all the call centre rubbish, some of the grief they have given me.:rolleyes:

 

dozy

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Hi

 

I just did a quick math on how long it would take at the original judgement order , on 3340-00 and it comes out at 172 years !!!, i will probably be around for another ten years hence , so i pay £240-00, not bad, and there will not be anything left for them , in fact theirs nothing now!!.

 

I thought anyone with a few bits of sawdust in their head would have relized long ago , that its not worth the effort involved in trying to collect, but of course they are trying to find out what you have , in my case zilch.

and they cannot chase anyone else in the family , my wife in ten years will be 82 ,me 72. so i,ll SAR them and give them and all the call centre rubbish, some of the grief they have given me.:rolleyes:

 

dozy

 

hi

 

Now something extra, i have already asked for a write off of debt , no reply total silence

 

seeing as i have not paid solictors the inflated CCj , and a deafening silence here too,from them more than 10 weeks now, do you think they are up to something, or are they awaiting something from equidebt ltd , before they do anything, should I SAR them now , what happens ,seeing as i have not paid my CCJ to solicitors , on them receiving this SAR , would it effect or do something to the CCJ.

 

I have forms for fee s for CCJ set aside as i qualify.is it worth doing that too.

please place in order what to do ,then i,ll leave you alone for a while !!, and await results to come in .

 

sorry theres so many questions, i,m just want the best plan going.after all i,ve only got ten years to go ,but thats a very optimistic view, as i have already had two cardiology events, 3 weeks in cardology and suffer from lots of other ailments, and i go to at least 3-5 hospital apps per week , this year so far 92 apps i,m disabled ,awaiting home mods. so i,m not going to lose out to creditors ,rather they are.

 

dozy

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Hi Dozy

I would have thought that you would be classed as vuneraable with your medical condition - did the court know this when the CCJ was isssued?

 

 

Hi

 

No the court was in nottingham equidebt territry i live in brum, theCCJ was in 2003 i have not worked since i was made redundant in 2003/4 and for next two years was employed with various agencys, i was carpenter/joiner, and employed on a self employed basis via the inland revenue on the construction industry scheme (CIS) ,but work was a week here /there to a few months to 9 months ,but in the end the building industry went for employing all the poles coming into the country then , cos they were a lot cheaper than us agency workers , I got a hourly rate back then of £12 to £16-00 per hour, but the poles only worked for £8-00 ph, so all the trade suffered as a result and still do today , jobs for english born trades are non excistant, ,i tried everything to get work ,even the wembley and oylimpics sites , but the foreign gangmasters were in there , I/we could,nt get in unless we worked for peanuts, so that was that , i could have gone for private work ,but by then i was suffering a lot, so no go there.

 

Whilst i am on employment thing , Of the two CCA i have received Nat west/capquest, both were applications i done the indispute bit) but on both CCa,s i was listed as self -employed , but was ticked as PPI ,so thats something else i have to chase, natwest wrote off my debt anyway, capquest still there but silent, equidebt /solictor , still silent, ruthbridge (ahh ,no not them i can hear you saying) more silent than a cemetary !!.

 

so i am looking at charges soon and PPI mis-selling, want to help!.

 

dozy

 

2005

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hI Dozy

Yes I would go for mis- selling PPI - does'nt apply if your self employed mind you - when you come to claim it does'nt seem to apply to anyone!

If your disabled (like me)- have you applied to the local D.I.A.L for help? This organisation is like CAB but for only Disabled persons. They got one of mine written off due to staute barred or even me knowing anything about Sb! in fact they told me about CAG! They have proper finacial (FSA) registered advisors and direct acess to a legal team if needed. We have several where I live so you should track one down in Brum! They have a web site too - Hope this helps.

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