Help - Don't Know Where To Start!

[inaright2n8]

First post on here and desperate to know how best to start tackling the following - i'm afraid i have been guilty of burying my head in the sand but things are spiraling out of control - total debts of 40k and this is the situation with each:

 

1. Nationwide Credit Card:

ccj forthwith granted for full amount of 11k on Eversheds demanding full payment.

 

How do i proceed here, the agreement is over 10 years old, and i paid ppi all that time - should i challenge enforceability, ask for ppi premiums to be deducted, ask for time to pay, try to set-aside, ask for re-determination etc - i'm sure a charging order is likely to follow?

 

2. Egg Card:

2 cards totalling 15k, both several years old - being chased by dlc who have given me until 09/01 before they take further action - presumably filing for ccj.

 

Should i challenge enforceability etc

 

3. Bank Of Scotland:

Court papers recieved dated 11/12, amount 15k - need to respond by tomorrow - this is re. a personal loan agreement - do i ask for 28 days and defend, admit and ask for time to pay?

 

Desperate for advice - i'm afraid it is a familiar story, lost my job late 2008, out of work for a time, new job pays much less than previous, i'm at my wits end here, but willing to do whatever it takes so any advice on the priority and actions i should take greatly received!

[Seminole]

Did you/ have you made requests for copies of your credit agreements for any of the accounts under the Consumer Credit Act?

 

For the Bank of Scotland you should acknowledge the court papers and say that you will be defending in full. You can do this online and make sure that you do so or you will end up with a default and probably forthwith judgment.

[inaright2n8]

I'm afraid i have made no requests yet, presumably i should do so now for all? (Despite the fact that the ccj forthwith is already registered by nationwide?)

 

I'll fill in the online court reply today re. BoS

 

Many thanks for the quick response

[Seminole]

I'm not up to date with ppi claims but someone who is will be able to comment. If, as I suspect, these premiums are reclaimable, then you would have grounds for seeking a set aside of the court claim.

 

For the Egg accounts you should send CCA requests (recorded delivery and print your name rather than sign the letters). If they don't respond within 14 days then you can place the account in dispute and that should get them off your back for a while. When did you last make a payment or acknowledge these alleged debts in writing?

 

For the BofS account when did you last make a payment or acknowledge the alleged debt in writing? Rather than use the CCA template letter in this case it will probably be best to use the Civil Procedure rules to obtain disclosure. I'll dig out the link if we establish that the alleged debt isn't statute barred.

[inaright2n8]

Thanks, i look forward to hearing from someone on the ppi side as having just received the ccj this is causing the most worry now. Do i have to respond requesting the set aside on this basis within a certain time?

 

Re. the egg card, made a payment last week to keep dlc happy. Should i send the cca to the dca, dlc, or to egg directly? (or both?)

 

From memory i havent made a payment to BoS for about 3 months now.

 

Many thanks

[diamondgirl]

If the DCA hasn't bought the debt from Egg send your CCA request to Egg. If you can afford the extra postage I would send the request by SD it's guaranteed next day delivery where as RD is not. Keep your receipt and you can then check on RM website to check when it was delivered and if there is a signature all the better and remember to print a copy out for your file. Start a file for each creditor it's easier that way to find any info that you may need.

Get your BoS acknowledgement done, don't forget to do it.

As I'm off work till next week I'm not able to check about the ppi side but if you haven't got any help on that by then I'll check it out at work on Monday.

DG

[babybear39]

TBH, I'm not sure whether you should apply for a set aside and/or go for a variation of the order.

 

How old is the CCJ? Is it from Northampton Bulk Centre?

[inaright2n8]

Thanks for the replies:

 

Diamondgirl:

Have completed the BoS acknowledgement online today

How would i know if the dca, dlc, have bought the debt - do i simply ask them?

 

Babybear:

The ccj is dated 15/12/2009 and is from Cardiff County Court

 

Thanks for your continued help all!

[babybear39]

Ok...

 

Reason for CCJ set aside - PPI, we're waiting on that clarification.

 

If you're granted a set aside it will put you back to the point before they issue proceedings which they then may do again.

 

We need to wait for more advice as I'm a bit out of my depth here.

[inaright2n8]

Can anyone give any advice on the forthwith ccj granted to Nationwide - and the situation with ppi - what should i be doing to achieve the setaside/redetermination etc?

 

I will be receiving a call from dlc this week re the egg agreements - what do i say to them on the basis that i have made a cca request? - they are obviously going to be pushing for some form a of payment and i am anticipating they will initiate court proceedings if i don't make an arrangement?

 

I am still not clear wether they or egg own the debt - can i just ask them outright - and if it is still egg - refer them to the cca request.

 

Any help greatly appreciated

 

Thanks

[inaright2n8]

Can anyone give me some advice on the ppi re the recent forthwith ccj or the dlc call i will be receiving re. the egg cards? - Getting desperate!

[babybear39]

I've flagged your thread for help from the site team.

[citizenB]

Ok, can you give us a bit more information.

 

 

 

1. Nationwide Credit Card:

ccj forthwith granted for full amount of 11k on Eversheds demanding full payment.

 

How do i proceed here, the agreement is over 10 years old, and i paid ppi all that time - should i challenge enforceability, ask for ppi premiums to be deducted, ask for time to pay, try to set-aside, ask for re-determination etc - i'm sure a charging order is likely to follow?

 

Let's take the account with the PPI on it first.

 

This is a credit card. Did you defend this in court or was the CCJ issued by default ?

 

Do you know if the PPI was a suitable product for you to have ? did you ask for it to be included on the account ?

 

You would need to request sight of the original agreement to find that out. If you didnt ask for it or it wasnt suitable for some reason then it is quite possible it was mis sold and you could challenge that.

 

In the run up to the court action. Did you receive a Default Notice, Termination Notice, Letter before Action prior to receiving the claim form?

 

 

Nex one

 

2. Egg Card:

2 cards totalling 15k, both several years old - being chased by dlc who have given me until 09/01 before they take further action - presumably filing for ccj.

 

Should i challenge enforceability etc

 

Which DCA is involved here. What has happened to date. Did Egg issue a Default Notice, Termination Notice. Has the account been assigned to the DCA or are they just chasing on behalf of Egg. If it has been assigned, it isnt a given that you would have received a Notice of Assignment but if it hasnt then it is quite likely that they are unable to proceed to litigation in their own name.

 

I would say a request to see the agreement and a Subject Access Request (a request for all the information is in order).

 

3. Bank Of Scotland:

Court papers recieved dated 11/12, amount 15k - need to respond by tomorrow - this is re. a personal loan agreement - do i ask for 28 days and defend, admit and ask for time to pay?

 

 

 

 

last one. you have acknowledged service as advised with this, yes ?

 

We need some more information.

 

Did you receive a Default Notice, Termination Notice, Lette Before Action ?.. what is the amount claimed just say above or below £5,000 you dont have to give the exact amount.

 

What is the date of ISSUE on the claim form. There is a time line you need to stick to:

 

Date of Issue, from there + 5 days for service + 14 days to acknowledge + 14 days to submit defence. 33 days from date of ISSUE to the time you have to have the defence in.

 

We need to know exactly what the Particulars of Claim say so can you either remove identifying information and post the form up or type the particulars up as they are on the form. The POC is the reason they say they have issued the claim and can be found on the left hand side of it.

 

You need to send a CPR request for more information. This will be sent to the solicitors and until we know what the particulars say we cant advise you what to ask for.

 

I think you need to have 3 separate threads. One for each situation. That way responses wont get muddled up.

 

Meanwhile if you can answer the questions above that will help.

 

 

A subject access request is a request for ALL information held on you. This will cost you £10.00. You send it to the original creditor and they have 40 calendar days from receipt to provide this information.

 

A CCA request is a request purely for a copy of the agreement/application form that you would have signed. This will cost £1.00 and the information should be provided within 12 days. However there has recently been a Test case on this and it would appear that reconstructed information can be given for this request. However, the original should still be made availabe in respect of court action.

 

CPR letter is a letter you will send to a solicitor asking for information mentioned in the POCs when a claim has been issued against you. This information should really be provided with the claim form but where claims have been issued out of the Northampton Bulk Cenre then it generally isnt. The request costs you nothing and the solicitor should make every effort to provide you with this information speedily in respect of preaction protocol.

[citizenB]

I am having trouble accessing the CAG library for the SAR and CCA letters at the moment. Will try again later and give you the links.

[citizenB]

Ok, here are the template letters

 

SUBJECT ACCESS REQUEST

 

and

 

REQUEST FOR COPY OF AGREEMENT - CCA

 

hth

[inaright2n8]

Hi

 

I have split up my situation in to 3 threads and urgently need advice re the nationwide ccj forthwith that has beeen granted and for which i had ppi.

 

Am nervously anticipating bailiffs and or further action so really need to know what legal steps i take to dispute the amount/ppi have the ccj sert aside or arrange a review of the forthwith amount.

 

The ccj was issued by default.

 

I am pretty sure from memory - tho it was 10 years ago, that i did not request ppi, but that it was sold over the phone at a later date.

 

I can not find all the letters so can not say for sure if i received all in the correct action.

 

Urgent advice needed on how to proceed or what to send to the courts please

 

Many Thanks

[inaright2n8]

bump

 

Any help on the way to tackle the ccj granted forthwith and ppi issue greatly appreciated - how do i proceed to set aside and/or redeterimination!