CCJ help

[norfolk enchants]

The Mrs has what she thinks is a CCJ. It is registered on her credit file as such, form RBS, about £2k. She knows what it is for and agrees she has to pay it.

 

However, a few things concern me. Firstly, it is being collected on by Bryan Carter Sols (read a bit on here about him which doesn't sound particularly healthy) and she is paying £60 a month to him, yet Equidebt are also sending letters attempting to collect the debt. Secondly, she doesn't think the CCJ was registered for the full amount (though hasn't got any of the court paper details as she didn't keep them..) which seems strange - Equidebt are quoting the full balance on their collection letters. Finally, she hasn't done any of the stuff you should with these cases (check there is CCA, confirm the DCA is acting on behalf of the original creditor etc) but now that she has started paying it is obviously admitting to the debt.

 

My other question is: Just because she had some papers from the court and has it registered on her credit file, does it actually mean she has a CCJ? She is paying an amount agreed between her and Carter, and is adamant the court did not tell her how much she had to pay (which was the way I thought it worked?).

 

I realise I'm missing plenty of information to get much help on how to proceed with this (so fire as many questions back as you need) - but I want to help her get this sorted ASAP and start to repair the damage done so that eventually I can stick her on a mortgage etc in the future.

 

Hugely grateful for your help!

[dx100uk]

i have moved your thread to the legal forum where it will be seen by those with ccj knowlegde

 

dx

siteteam

[twofoot]

Sounds like BC has got another CCJ by default. You need to contact Northampton for a copy of the CCJ.

[norfolk enchants]

What specifically am I looking for on a copy of the court documents? Does the court normally set the payments in a CCJ? I was under the impression this was the case but with my Mrs seemingly having sorted a payment direct with Carter it has confused me a bit.

[dx100uk]

in the judgement box

it will say.

 

dx

[debbbbsy]

The claimant will require a minimum payment, which they specify to the courts, if the claim is undefended and income & expenditure details not given. They will get what they want.

 

To fully understand exactly what is going on, begin by sending RBS a DSAR. Enclose a payment for £10.

Main letter to :- The Data Controller (Joyce E Tudor)

Retail Regulatory Risk

PO Box 1000

Edinburgh

EH12 1HQ

 

You will need the original account number . She will get all statements for this account, from the day it was opened until now. ( I'd like to bet since the account went into default statements have been witheld by the bank). She should get all documents they hold on her.

However in order to really really know what has/is going on you will need to send a second letter to:-

The Recovery Manager

Credit Management Services

Kendal Court

Ironmasters way

Telford

TF3 4DT

 

It is this department which will have instructed Bryan Carter. What you send to this department is a copy of the DSAR you send to RRR,

I also want you to attach a letter requesting all documents that this department holds inparticular she must request a copy of of the "Diary Event History". This is an internal log of all internal queries & intervention (each dated) that have occurred on this account, internal communictions & correspondence with Bryan Carter. This log should reveal exactly what has been going on.

 

You can also DSAR Bryan Carter, this will also reveal what court action they have taken.

 

Lets see exactly what has been going on, & then decide what is the best course of action.

 

 

Debs