Link Claimform Credit Card

[caro]

I hope Angel's ok, but wonder if she's reached an agreement that's included a confidentiality clause.

 

Possibly she's got herself a solicitor who has advised keeping information off the forum.

[Bigdebtor]

Caro

 

Fair point - but even a "I've agreed (or been advised) not to say anything further" would be nice to get - even nicer than getting the star hit as it would be for everyone's benefit.

 

Getting nothing at all suggests a defeat which is demoralising for others.

 

BD

[pt2537]

Caro

 

Fair point - but even a "I've agreed (or been advised) not to say anything further" would be nice to get - even nicer than getting the star hit as it would be for everyone's benefit.

 

Getting nothing at all suggests a defeat which is demoralising for others.

 

BD

I agree there

 

There is often a valid reason to keep the approach or tactics quiet , and that is something that people need to respect. After all, its nice to know whats happening , but that can never be at the expense of losing the case at trial due to disclosure of the key points.

 

However, there is always scope to say , i have done this, or engaged a lawyer etc, that is never something that can or should be kept quiet.

 

For the record, i do not know what is happening here either

[angel_1]

hello everyone

 

i apologise very deeply for not getting back to you all - no excuses just felt totally demoralised and my faith got totally knocked, i dont even know how i got the strenght to come back but i needed to say thank you and to offer my apology too for my lateness.

 

with my job i got sidetracked too which hasnt helped neither,

 

im fine today, but basically didnt get the set aside as the creditor could not find any records of my calls - i didnt take my phone records but hey why would i bother even to to fax the court of a conversation id had with the creditor so that didnt even worry the judge sad to see that

 

i had tried to statethat i wanted to have the info so i could prepare my defense if i had one once i saw athe info but the ccj got awarded, now the judge asked the creditor to provide evidence to me of the account statements to prove the account was mine as i had wanted to ensure the creditor had the correct account - so now i have had the

statements, copy of the terms, default, and the proof of account sale to the creditor, and court date is soon so guess i have to accept it but i wont be able to afford the couple of hundreds i fear they will ask me to pay monthly

 

so guess i have to get a income and expenditure or do i have to accept first what the court is going to say i must pay and then do a form to ask for a lower amount,

 

i dont know if i have the strenght to put in my voice to state that the default notice didnt give me the 14 days to remedy my info on my records shows only 13 but hey how do i express that and im guessing its too late and yes too late for legal representation too as i didnt get my mind to deal with it when the paperwork finally arrived ,

 

if nothing ive learnt from this is that im not getting back to my depression status that i was in a few years ago - i must just have to deal with it and get a final decision but pay what i can afford -

 

very sorry to all again - i guess when you start this journey you have to be well in yourself first and foremost otherwise it will only cause more problems and my health is too precious to lose again

 

i will be back later going to see if i can find any links or threads i can follow in the meantime for a little inspiration

 

have a lovely easter break catch up later this evening

 

cheers angel x

[angel_1]

Hope Angel hasn’t gone back to heaven...

 

Thank you Donkey that really made me laugh today,,, no ive lost all my money to the swear box and thus heaven wont let me in lol

 

at least my sense of bad humour is still with me

 

sorry my last post just wobbled out of me, hope to make more sense from now on catch up later

 

angel x

[Cadbury1879]

Hi Angel

Nice to hear from you again

All the best

Cadbury

[caro]

hello everyone

 

i apologise very deeply for not getting back to you all - no excuses just felt totally demoralised and my faith got totally knocked, i dont even know how i got the strenght to come back but i needed to say thank you and to offer my apology too for my lateness.

 

No need for apologies.

 

with my job i got sidetracked too which hasnt helped neither,

 

It's never easy juggling everything that needs to be done.

 

im fine today, but basically didnt get the set aside as the creditor could not find any records of my calls - i didnt take my phone records but hey why would i bother even to to fax the court of a conversation id had with the creditor so that didnt even worry the judge sad to see that

 

i had tried to statethat i wanted to have the info so i could prepare my defense if i had one once i saw athe info but the ccj got awarded, now the judge asked the creditor to provide evidence to me of the account statements to prove the account was mine as i had wanted to ensure the creditor had the correct account - so now i have had the

statements, copy of the terms, default, and the proof of account sale to the creditor, and court date is soon so guess i have to accept it but i wont be able to afford the couple of hundreds i fear they will ask me to pay monthly

 

The judge won't order you to pay more than you can afford.

 

so guess i have to get a income and expenditure or do i have to accept first what the court is going to say i must pay and then do a form to ask for a lower amount,

 

Make sure that you give an I & E to help the court decide what you should pay based on what you can afford.

 

i dont know if i have the strenght to put in my voice to state that the default notice didnt give me the 14 days to remedy my info on my records shows only 13 but hey how do i express that and im guessing its too late and yes too late for legal representation too as i didnt get my mind to deal with it when the paperwork finally arrived ,

 

Legally you should have had the extra day to remedy the default but would it have made a difference to you? I suspect not, and there's nothing to stop a new DN being issued so really it's a pointless argument. I know there's been lots of discussion about what people think on CAG and other sites about how to fight claims like yours, but what matters at the end of the day is what the courts think, and it seems to me that they think that people should pay back what they borrow.

 

if nothing ive learnt from this is that im not getting back to my depression status that i was in a few years ago - i must just have to deal with it and get a final decision but pay what i can afford -

 

Exactly. No amount of money is worth making yourself ill for.

 

very sorry to all again - i guess when you start this journey you have to be well in yourself first and foremost otherwise it will only cause more problems and my health is too precious to lose again

 

You have nothing to apologise for angel. You've helped and supported a lot of people on CAG. I'm just sorry that things didn't work out better for you.

 

i will be back later going to see if i can find any links or threads i can follow in the meantime for a little inspiration

 

This budget sheet should help you. Please make sure the court get it in good time and you remember everything you have to pay out including annual and one off things. Budget Sheet.xls

 

have a lovely easter break catch up later this evening

 

cheers angel x

 

Hope your easter is good too. Just try and get this behind you and move on to happier things.

[angel_1]

thank you Cadbury, and also thank you caro

 

huge thanks for your wise words, can i take into court the income and expenditure form the day before the court hearing ? as due to the bank holidays this week, i will only have one day if the court is open i have to check, otherwise i can take copies in for the judge and the other side on the day?

 

yes i agree the default highlighted will only allow them to do another default so i agree - also its too much at the moment for me to deal with, just learn from it

 

thanks for your kind words i will definately stick around more and try and help others with support,

 

*******

 

having just checked the i/e form you kindly linked,, as its a sole debt in my name only, my hubby is not aware of this, i wish to complete only in my name with my income which is not salaried but allowances for the type of caring job im doing - at the moment still training to increase my allowances but that could be another 6 months, so for now should i just show my income slip as evidence but of course this allowance is for contribution for my car expenses and the food and heating and washing duties i do in the job im doing, i dont even contribute to the mortgage or household expenses as hubby does that apart from a bit to the gas and elec weekly.

 

hence i could be left with only 10.00 a week spare which i could offer for a few months till i get the increased allowances.

 

even though kids are still at college, ie family allowance, i give that amount to them for their clothing and bus passes, so its in and then straight out for their needs

 

i guess i can only complete and let the judge decide, i will not default on it as im scared for a charging order and then hubby will find out and all of this to help a friend with thier eviction of their house and im left with dealing with this and a ccj in my name, im so very cross with myself that this happened whilst i was ill and i wasnt thinking clearly only to help a friend, hindsight is a truely wonderful thing, a hard lesson learnt.

 

cheers any guidance would be really helpful thank you angel x

 

 

 

 

 

 

 

cheers angel x

Edited April 24, 2011 by angel_1

[caro]

Yes you could take it in the day before to assist the judge, but take copies on the day too.

 

I can't help thinking that the court would question why your i&e didn't include things like mortgage etc. If you included his info would it make a difference to what it appeared that you could afford?

[angel_1]

hiya cara

 

reflecting on what you are saying, i appreciate that if i did include the monthly payment then i would have to declare my hubbys wages and as he is not aware of this debt and i really dont want him involved as it was what i did for my friend, without his knowledge, and its a sole debt in my name only - im thinking is there a legal reason why I have to declare my hubbys wages and all our other expenses that he pays for from his wages? understand that the house is jointly owned but the main contribution to the house and living expenses for the family are from his wages not mine.

 

i could not pay the mortgage with the other expenses the allowances are for from what i get each week - but yes, i understand it does look a bit odd but my pay slip will show what im getting on a 2 weekly basis. i will only get paid for the time i do the caring, hence my dilemma too

 

hubby is paying his own debts off too from his wages and not from our joint wages, can i not do the same is what im thinking? since we each have our own sole debts

 

am i going to get stuck with this now do you think? cheers angel x

[caro]

You must do what you think is right Angel. I don't know.

 

It will be up to the judge to decide but I don't know if Link will have the opportunity to say anything about it first. You may need to be ready with some answers. I can see what you mean about it being your debt and so dependent on your income. I'm just not sure if it would be accepted that this is your only income if your husband pays your household expenses. But then this isn't a household expense .......

[angel_1]

ok caro

 

i will do 2 spread sheets and incorporate everything on one and just mine on another and see how it all ends up as

 

i guess the judge could order my hubby to declare his earnings and his expenses if he is not happy with my sole earnings - and expenses

 

i will reflect on it and update you once done - certainly do not want to cause even more problems

 

cheers angel x

[caro]

I don't think that he could order your husband to do anything but I think your solution is probably safest. Just keep it up your sleeve on the day in case you're really pushed. I might be entirely wrong but better to be prepared IMHO.

[angel_1]

hiya caro

 

yes i will do,,,another flash came to me as a relative has offered to give me a quarter of what i owe to offer as a full and final settlement since no doubt they will have bought the debt off for a low amount, could it be something i could start with my offer weekly amount and if that is not accepted then to offer a full and final settlement within a time frame of say 2 weeks? could the ccj be then be shown as satisfied as i guess i cant ask for it to be removed totally can i? that is cheeky i suppose lol

 

just asking out loud my thoughts,,, cheers angel x

[caro]

I think the time for F&F might have gone. Can't hurt to try I suppose but I don't see why link would accept when they have a court order that says you have to pay it all. The only way for a CCJ to be removed would be for it to be set aside I believe.

[angel_1]

thank you again caro

 

yes i believe you are right again, just going to do my best and learn from it all

 

cheers angel x

[caro]

It's always worth exploring all your options. Hope it goes ok for you.

[Bigdebtor]

Angel

 

Got your pm - hope you got my reply wishing you well tomorrow?

 

I have been in a very similar situation to your own. My business failed leaving me with loads of personal debts incurred while I tried to (foolishly) keep it going using "easy money" from a whole host of lenders - an dneve rtold my wife of the mess I was getting into to.

 

My wife still had a good job and actually paid ALL the household bills for a few years - with ALL my money going to pay off debts. Then I discovered CCCS and later CAG - and my I&E used to get good monthly deals and then affordable F&F's ONLY showed my own income (not hers) - since my debts are only in my name - so not joint debts.

 

Some DCA's tried to get me to disclose all the household income and expenditure but I stood my ground as my wife's credit file is squeeky clean - and her own I&E is none of their business. That said, I don't see any harm in trying to get the judge to consider ONLY your own I&E - but having a joint one ready just in case - however I really can't see how/why he would make your husband's spare cash be used to pay your OWN debts. Indeed you could argue you should be putting some of your own income towards bills HE is currently pay in in full?

 

Hope you're feeling abit stronger now - good luck tomorrow!

 

BD

[caro]

Thanks for that BD. I was concerned there might be a question mark over the lack of living expenses and thought it best to be prepared for this eventuality.

[Bigdebtor]

Caro

 

I agree - Angel should take in both I&E's - but argue forcibly that the husband's I&E is irrelevant. He is already paying ALL household bills etc. - why should ANY of his income be used to pay Angel's PERSONAL debts to any OC or DCA?

 

A counter argument should be that some of Angel's income should go towards such household bills - thus reducing the amount available to pay monthly to any OC or DCA.

 

BD

[angel_1]

thank you caro and bigdebtor

 

i understand more clearly now what you are both saying and yes i will stand my ground on this, why i was concerned back of my mind was that i dont want a charging order on the house if the judge deems my proposal of a my payment too low, surely if i default on what is confirmed as my payment offer and then i default on it i would expect a charging order claim from the claimant, but i continue to pay what the judge orders then surely im safe?

 

also can i ask for any bank charges to be taken off the amount being requested to be paid? and im guessing i will end up with their costs now too being added but i was worried if they try to ask for the statutory interest i thought id read that that could be added for a year max..

 

anyway here for another hour then im out

 

cheers angel for your thoughts and ideas

[Bigdebtor]

Good point on charges - ALL credit card default cahrges (not just anything above £12) can be reclaimed UNLESS they prove this is the COST to them of the default - which they will never do as it's much less and they'll never admit exactly how little it is - AND also reclaim contractual interest at the SAME RATES (i.e around 2% or more per month typically - compounded monthly) as they charge on the total cumulative balance of all such charges and accumulated interest.

 

Good luck!

 

BD

[caro]

Hope all went well angel.

[angel_1]

hiya guys

 

sorry for my delay,

 

didnt go well - judge agreed id tried to do all but as id not put in my defence at the time even though my efforts were done the ccj was still awarded by the court processes at northampton.

 

ie my fax was of no real evidence and i believe if i had sent in a n244 court request to supply the info before the time of defence it may have been more successful for a set aside,

 

but as i now have had the paperwork which proves everything, i have no dispute and thus he couldnt set aside as any future court case would go against me and would cost me more in the long run and would go to fast track and so if i could agree an amount which i presented to the judge -

he advised me that i should inform the creditor and get a payment plan in place,

 

their sols but of course advised me that if the claimants dont agree then they would look at a charging order to secure the funds

 

i advised if that happens then i would have to look at my other creditors and they could object and my other half certainly would as the debt is in my sole name and nothing to do with them

 

i think it was a bit of scare tactic so i may look at agreeing in paying the full amount of 300 pounds a month

 

i need to send a letter i guess in putting my request in for their consideration if they fail to accept then i guess i will need to come back and ask for some assistance please

 

However, how do i ask for the charges back or is that a lost cause now???

 

what are your thoughts, like i said earlier, i have learnt a lot and maybe now on this one has to be damage limitation and pay something each month without the charging order hanging over me

 

im online for a while cheers angel x really sorry it wasnt good news but hey ive learnt a hell of a lot from it and that is important too

[Cadbury1879]

Hi Angel, sorry things didn't work out hey ho.

Move on, I wouldn't be offering any more than the I & e. Stick to that. The amount you are paying will not influence there decision on a C/O route, and if they did go for a c/o it's not the end of the world, and will only be a restriction.

We have a c/o restriction nothing to stress over to much.

IMO they are very difficult to defend, tried failed.

Offer a payment within your budget, and if neccesary go to court for a judge to decide a definitive amount. We did.

All the Best

Cadbury