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    • (b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and   The defendant is required to reply to the LBA in a way specified in the Practice Direction apparently.     https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1
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Hi all,

 

I've received a letter today from DG solicitors who my fiance and I have a CCJ with. The letter requests that we complete an attached income questionnaire and return it within 7 days with a view to increasing our payments.

 

The CCJ was set for £10 each monthly and my fiance has just recently got a job after a long period of unemployment. We have prioritised our debts (sadly this is not the only one) and have decided to pay the ones with interest first as this would be the most cost-efficient way of paying them and would rather increase the payments to these debters instead of DG.

 

Obviously, there is no interest on our CCJ. This means that whilst we can pay more money to DG we would prefer not to just yet.

Am I right in thinking that DG Solicitors are unable to ask for a review without going through the courts?

 

What are our options? Can we just ignore this letter and continue paying our £20 a month (we have never missed a payment), or do we have to fill in this form. Where would we stand if they did go through the courts bearing in mind that most of our disposable income will be going towards other debts instead of this one?

 

Fzzz.

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Yes correct, they have to go to the courts to get a redetermination, they can't just request you pay them more...fools..

 

Besides, they are not legally entitled to this private and confidential information, only a Judge is, and as it appears they would like to act behind the courts back, sounds like they want to cream a little of the top to me (allegedly) It might be worth your while giving the court a ring who issued the CCJ and let them know of this.

 

It might also be worth, in fact it will be worth informing the SRA about this companies underhand tactics.

Solicitors Regulation Authority - For solicitors

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I should probably clarify what I've written above as I've just realised I typed that I have a CCJ with DG Solicitors which isn't the case, they are acting on behalf of HSBC Ltd. Don't know if this will make any difference or not.

 

Bazooka, thanks for the advice. I was pretty sure that they couldn't do this but needed some clarification. This isn't the first letter they have sent but I ignored the first one as our circumstances haven't changed.

 

I am more concerned that now that our circumstances have changed for the better that they will insist upon legal action to change our payments. We will be increasing payments to other debters (as mentioned above) but these are not legally enforced debts so would this give HSBC any room to manoeuvre a better payment plan for themselves at the expense of these other companies if they did take us back to court?

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Yes understood.

 

Regardless of whether your circumstances have changed or not, you still do not have to provide DG with any such information, it has already been decided by a Judge in a court as to the amount you can afford to pay, and as long as you are paying it then thats that.

 

If your circumstances changed for the worse, then you would still have to go back to court to get a redetermination or a variation to fit your new circumstances, just because they are Sol's does not mean they can circumnavigate the legal system.

 

What other debts do you have, are these unsecured debts, credit cards, loans?

 

You can still ask to see proof that these others can legally collect money from you, it's a simple letter telling them to provide the agreement you initially took out for the credit.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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DG are HSBC in-house solicitors.

 

As has been said, it's for a judge to decide and you would have the opportunity to explain why you don't want/can't pay more than has already been awarded.

 

Don't worry about things that haven't happened.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for the advice Caro and Bazooka, you are both very helpful!

 

The debts we have that we pay interest on are a credit card with 27.9% interest. This is only for £600 so should be off within a month, and credit card with approx £4500 on and pay interest of 7.9%. This is currently being underpaid with an unwritten agreement from the credit card company (Lloyds TSB) for £10 a month. This is the one that we want to get rid of ASAP because obviously the agreement is not legally binding and they could revoke it at any time. Also the interest is a stinger.

 

The CCJ from HSBC is for £18,582.47 which is a huge sum for us and we are obviously paying a drop in the ocean towards it but we don't envision paying that amount forever and would like to increase it.

 

We also have another CCJ with Howard Cohen and Co the collecting solicitors which we currently pay £10 a month towards which is a debt of £3356. Again, the payments will increase on this as soon as we have paid the first two debts off.

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Guest HeftyHippo

The bank had a choice of having a discussion with you about how much you could/would pay them, or to let a judge decide how much you should pay.

 

They chose the latter. An advantage to them is that getting a CCJ means it can be backed up with sterner action. A disadvantage is that the court sets the amount, and only a court can revise, up or down, that amount. Another is that they can't charge interest

 

They made their bed, let them lie in it. Your other creditors chose the former route. An advantage to them is that they can charge interest, and that they can vary the amount. The disadvantage is that you could stop paying.

 

Ask/negotiate with the others for them to stop paying interest. One tactic recommended by some, if the interest is taking a big slice of your payment is to say that its a waste of time paying anything because of the interest, and you would be better off with a CCJ. Faced with that implied threat, many will reduce or stop interest. If you step up the payments though, they will see no reason to stop interest as you obviously can pay.

 

DG are probably looking at your credit report and can see how much you are paying others eg the accounts with interest and are jealous and want some of it. You cant blame them - you owe the most to them, they arent charging interest, but youre paying more to others. Tough. Thats the downside of having a judge decide how much a CCJ is worth.

 

DG are not entitled to know anything. Dont enter into correspondence, if they dont like it they can speak to the judge.

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How old is the Lloyds CC?

 

If you are confident you can clear the first debt of £600 easily enough, then I would do so, and you could possibly send Lloyds a CCA request, depending on the age of it, to check they have the correct documentation to be requesting payments.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The Lloyds credit card debt is quite an old one. It's my fiances and I think he has had the card for about 3 years. The £600 has been paid off today and payment should be with the company in 5 days time.

 

I don't know very much about requesting a CCA, but as I understand it I'd be requesting they prove documentary evidence that my fiance signed and returned a credit agreement to them and that it is also signed by one of their officers. Am I right?

 

You mentioned that I could do this depending on the age of the agreement. What is the timeframe that we have available to contact them in this case?

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Good to hear one of them is all done and dusted.. well done.

 

A CCA request is to ask them to send you the original agreement, or a copy of, so that you are able to determine whether or not they have done what they are in the business of doing, and completed the agreement properly.

 

Normally it is advisable to do this if they start acting up and playing silly buggers, so if for instance you have asked them to stop the interest and they refuse to do so, then they should be sent the CCA request, or, if they have agreed to a regular payment of say £10 a week/month, then suddenly pass your account to a DCA without your knowledge, then again a CCA is recommended.

 

The CCJ debts are your priority so, so long as you continue to make good those payments no further action will be taken.

 

If Lloyds have been asked to stop interest, and have failed to do so, then a CCA request is the most logical route to go, they will have to provide you with the agreement within 12 working days of them receiving it, or the account can be placed in dispute and payments withheld until such time as they produce one, and an enforceable one at that.

 

As for the CCJ's, if you wish to increase the amounts to a level you can afford, it is strongly recommended to go back through the courts and do it officially.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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