Likelihood of CCJ when in payment plan?

[daz10277]

Hi anyone

 

I defaulted in 2000 for a loan of £9k and have been in a payment plan for 9 years (!), regularly paying each month to a DCA. Last month the DCA told me they want to take me to court for a CCJ if I don't pay in full (and I can't as its £7k o/s). The debt dropped off my CRA file in 2006 however the DCA searched my CRA file with Call Credit in Sept, without my permission (can they do that?), and found I had got a loan recently and wanted to know why I hadn't paid them.

 

Anyway, my question is, how likely is it that a judge would grant a CCJ to them considering I have been in a payment plan for so long and never missed a payment? The DCA also claim the judge would take a "dim view" that I got a loan and didn't pay them

 

(BTW I've already been down the CCA route and unfortunately they provided a true copy etc so it's definitely enforceable)

 

Cheers

[dx100uk]

none!

 

you are paying a resonanble amount..end off and they know that

they are just chancing their arm

 

any judge would laugh them out the door & prob assign a lower repayment.

 

now, where is all this info from the dca coming from?

if you are conversing on the phone ...STOP NOW!

 

NEVER talk to a dca on the phone...ever

 

demand everything in writing.

 

dx

[daz10277]

Hey dx thanks for that

 

They got detailed info by doing a credit search with Call Credit who happily gave them details of all my credit accounts. I've never given the DCA consent to do this and all they say is that they "have a right" to do so. Surely DCAs don't have this right to check my CRA file whenever they fancy? Can I do anything about it do you think?

 

I used to talk to them but stopped after I CCA'd them and learnt about how to deal with these DCAs from helpful people like yourself!

 

Cheers

[dx100uk]

yep they can search you.

 

anyhow

 

now, so you havent got these threats and info in writing

just ignore them.

 

dx

[Craftygirl42]

I was on a payment plan and then it was sold to another DCA, I am now fighting them through the Court. One account that they bought and we were paying each month without fail, they discontinued on, so they have lost out big time as like you we would have continued to pay

[hungrybear]

daz - they have all the right paperwork on this one do they?

[daz10277]

I was on a payment plan and then it was sold to another DCA, I am now fighting them through the Court. One account that they bought and we were paying each month without fail, they discontinued on, so they have lost out big time as like you we would have continued to pay

 

So is the new DCA trying to get a CCJ on you?

[daz10277]

daz - they have all the right paperwork on this one do they?

 

Well they have sent me what seems to be a true copy of the CCA which looks like it complies with the prescribed terms although someone is double checking it for me. I was quite gutted as the OC is HBOS (who have a rep for being rubbish at finding the original paperwork), the agreement is 10 years old so wasn't expecting them to find it!

 

I asked for the notice of assignment confirming they own the debt but they haven't sent that. I'm considering SARing them.

[Craftygirl42]

I agreed a payment plan with the original creditors inhouse collections dept and then they sold it the DCA, who accepted the payments for about a year and each and every one was paid on time. They then decided to issue summons.

 

One was discontinued cos I dont think they had the CCA, 2 we sorted with the same monthly payment, but with a consent order and the 4th I am fighting through the courts at the moment. No proof of default

 

They just dont seem to care that you are doing your best. Which DCA is yours, mine is Marlin

[hungrybear]

daz,

 

Two things:

1) does the enforceable cca say after default and sale interest can be added.

 

2) are you sure you were lawfully defaulted and terminated (which is what I meant by all the right paperwork before)

[hungrybear]

daz we crossed posts - I wouldn't bother with a sar, do a cpr on them instead

[hungrybear]

The main bit o wiggle you got left is the default and termination so I would go for a cpr 30.16 (think that's right I'll check) to disclose all information.

[daz10277]

I agreed a payment plan with the original creditors inhouse collections dept and then they sold it the DCA, who accepted the payments for about a year and each and every one was paid on time. They then decided to issue summons.

 

One was discontinued cos I dont think they had the CCA, 2 we sorted with the same monthly payment, but with a consent order and the 4th I am fighting through the courts at the moment. No proof of default

 

They just dont seem to care that you are doing your best. Which DCA is yours, mine is Marlin

 

Mine is Direct, Legal & Collections (aka Hillesden Securities). Very aggressive, pushy lot. Threatening me with the CCJ, bankruptcy, the lot. I didn't realise they had to have proof of default. I thought all they needed was a compliant credit agreement and proof they owned the debt i.e. the notice of assignment?

[daz10277]

daz,

 

Two things:

1) does the enforceable cca say after default and sale interest can be added.

 

2) are you sure you were lawfully defaulted and terminated (which is what I meant by all the right paperwork before)

 

1. It says "if you do not keep up the payments due under this agreement you will become liable to pay any additional costs incurred by us in accordance with Clause 2 of the terms and conditions..." (they didn't send me the terms & conditions). That's all I could find. Here's a link to the CCA, would you mind taking a look and let me know what you think?

 

HBOSCCA3.jpg picture by daz10277 - Photobucket

 

2. It was nearly 10 years ago when I got the original default notice but I'm pretty certain I did get it. Do they need to demonstrate the default notice was lawfully sent to get a CCJ?

[daz10277]

The main bit o wiggle you got left is the default and termination so I would go for a cpr 30.16 (think that's right I'll check) to disclose all information.

 

Do you mean the CPR 31.16? If so, I found this thread which seems to indicate CPR 31.16 could be risky?

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/231792-charlick-barclaycard-cpr31-16-a.html

 

What do you reckon?

[hungrybear]

daz i quote from your link:

 

I should after all this time just of written to BC explaining that I believe this agreement to be none existant and I wanted all my money back

 

but you may like to read 7.3 of:

PRACTICE DIRECTION – STATEMENTS OF CASE - Ministry of Justice

 

it all comes down to your wording and how you go about things unfortunately. Personally I write to alleged creditors and simply say I dont acknowledge that I owe you anything kindly provide definitive legally enforceable proof that I do. I always take the uneducated idiot route as far as I can (not always hard).

 

Your situation is somewhat different to charlick. Your only possible out is unlawful rescission of a contract which is apparently enforceable (I cannot open your link btw). So you say that as far as you are aware there was no default and termination, kindly prove that there was, because to take me to court I must have been lawfully defaulted under 87(1).

[daz10277]

daz i quote from your link:

 

I should after all this time just of written to BC explaining that I believe this agreement to be none existant and I wanted all my money back

 

but you may like to read 7.3 of:

PRACTICE DIRECTION – STATEMENTS OF CASE - Ministry of Justice

 

it all comes down to your wording and how you go about things unfortunately. Personally I write to alleged creditors and simply say I dont acknowledge that I owe you anything kindly provide definitive legally enforceable proof that I do. I always take the uneducated idiot route as far as I can (not always hard).

 

Your situation is somewhat different to charlick. Your only possible out is unlawful rescission of a contract which is apparently enforceable (I cannot open your link btw). So you say that as far as you are aware there was no default and termination, kindly prove that there was, because to take me to court I must have been lawfully defaulted under 87(1).

 

I've had a friend look at my CCA and he spotted that the interest charged does not correspond to the APR stated or the monthly payments so we think it is unenforceable. Think I'll probably send the DCA the letter which states the prescribed terms are not intact etc and put the onus on them to prove it is.

 

If I were to do a CPR31.16, where would I find a suitable letter? Thanks.

[hungrybear]

start here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[hungrybear]

rather than cpr, why not just tack onto the letter that as far as you are aware there was no lawful recsission, kindly provide copies of dn and termination, if you dont then I may at my discretion use cpr rules to request a copy of said documents.

[daz10277]

rather than cpr, why not just tack onto the letter that as far as you are aware there was no lawful recsission, kindly provide copies of dn and termination, if you dont then I may at my discretion use cpr rules to request a copy of said documents.

 

Ok, might do that, thanks for all the advice