old Lombard CCJ/CO - shoe's Want more than the Judge Ordered

[mashmallow]

Can anyone help with this one, Lombards took my partner to Court and he was given a CCJ plus they were also granted a deed to his house. They now want an updated expenditure form to review payments I guess, but should he ask for his original credit agreement??? evn though it has gone through court???

 

 

Mashmallow8-)

[clemma]

If the debt is subject to a CCJ then there is no point asking for a copy of the CCA. However, they cannot up the payments, they were set by the judge. Tell them to bog off

[mashmallow]

Thanks Clemma,

 

So we don't send in the updated expenditure form to them?? and just ignore them please let me know.

 

 

Thanks

 

 

Mashmallow

[cerberusalert]

If the court made an order with regards to payments you comply with that, you do not have to respond to Lombards. If they want an increase in payments they would have to apply to the court to do so & have a very good reason.

 

 

[mashmallow]

Thank you my friends and happy days to you also, logo great.

 

Be in touch.

 

Mash

[mashmallow]

Hello Guys and Girls,

 

Just wondered if anyone could help. We had a unsecured loan with Lombards when eventually because of arrears they took it to court and placed a charging order alongside. This was about 2 years ago still paying it. Today they have passed the debt onto Arden who will now be collecting it. Can they do this seeing as it was through the court?

 

Many thanks

 

 

Mashmallow

[mashmallow]

Cerb,

 

Its been a long time since we talked, I have missed you, sad aint I. Can you please spare me a couple of minutes.

My partner had an unsecured loan from Lombards went through the court and the DJ agreed he paid back £20 per month, Lombards did not turn up in court. A week later or there so notification was sent that they had put a charge on his/our property which we did not contest, knowing none the less. Paid off £20 per month the debt from about

£4000 has about £2300 left. Now the debt has been passed to Ardmore DCA to collect the payments. All I want to know is can they do this as it had gone through the courts. Also I asked for the credit agreement which they sent,

a dark photocopy of an unreadable agreement that looks like a scrap bit of paper.

 

What chance have we got in an argument?

 

I would really appreciate your assistance in this matter.

 

many thanks

 

Mashmallow

 

XXX

[cerberusalert]

AFAIK yes they can pass the debt on but the terms of the CCJ cannot be altered unless they apply to the court for a redetermination.

 

I'm afraid the CCA is irrelevant now because the CCJ supercedes any previous agreement unless you can show cause for the CCJ to be set aside.

[mashmallow]

Cerb,

 

Thanks for letting me know.

 

Take Care

 

Mashmallow

XXXX

[mashmallow]

Any advice please,

 

 

Had a paersonal loan with Lombards,

 

 

fell into arrears,

 

 

taken to court,

 

 

payment of £20 was agreed by DJ at the time,

 

 

at the same time a charging order was placed on the property which we did not know.

 

 

Now the debt has been passed on the Shoosh..

 

 

they are asking for and I/E form to be completed in order for them to review payments,

 

 

Every time they phone I shout a load of abuse and then they ring again next day.

 

 

I told them if they wanted anything more to take it back to court but they carry on calling continually.

 

 

I am sure they have no right to know our income when the DJ has already agreed we pay 20.00 per month.

 

 

Please tell me if I am wrong or right and how to deal with these people.

Edited March 13, 2012 by honeybee13
Problem word edited.

[dx100uk]

quite correct

 

inform the court they are trying to over rule a judgement

 

and the oft for harrassment

 

dx

[dx100uk]

oh and get reclaiming

 

most lomabard loans are +50% PENALTY FEES and PPI

 

dx

[mashmallow]

Thank you ever so much site team I will inform the court - how do I claim for the charges when I have no records to hand.Please help, also is there a standard letter to reclaim?regards,Just for info Spratts was the original solicitors who took us to court and now passed it over to Shoosmiths

[dx100uk]

you'll need all the statements for the loan

 

sar lombards or wjho you were/are paying

 

dx

[mashmallow]

Thanks you so much site team I will do that, that will really get up their goat

[mashmallow]

Site team,

 

I have looked into some of my paperwork and found the origin claim form from Banbury County court,

 

I cannot find the judgement one.

 

At that time we sent in an I/E sheet stating that my partner could only afford £20 and it was agreed to date.

 

The charge order was at Romford Court on a seperate occasion whilst the debt was being dealt with at Banbury.

 

Shoosmiths are still harassing and demanding an I/E sheet to be completed otherwise further action.

 

Where does he stand with this.

 

I have already sent off an harrassment letter and also a SAR.

 

Please can you help with this matter.

 

Regards,

 

 

Mashmallow

[dx100uk]

only a judge can demand an I&E sheet

 

dx

[mashmallow]

I thank you for your rapid reply,

 

Rgards

 

Mashmallow XX