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I have been paying CL finance on a regular basis for about a year but in March i missed a payment and April too, i called today to pay what i had missed and continue my payment plan and they said i had to pay the full amount with in 3 months as court proceedings had already started to issue me with a CCJ.

 

I have received letters but about taking me to court but i ignored them as i thought they wouldnt do it.

 

The amount was £980 but has gone up to around £1180 with fee added on for letters and solicitor fees, i could afford to pay it in around 10 months but not 3.

 

I have checked my credit report and CL Finance do own the debt even though it was originally a Debenhams store card, I dont want to go to court and they seem adamant i cannot start a new payment plan, what can i do?

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Pick up your regular payments and if you are a worrier you can pay them what you missed minus the fees. A court case for fees wouldn't get them very far.


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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But how will that stop me getting a CCJ. They said that some papers were in the post from Northampton court regarding the CCJ and tat only clearing the balance within 3 months would prevent this.

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Wait till they come,, a bluff most of the time so worry when they come.


[sIGPIC][/sIGPIC]Happyhippy1959

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even though it was originally a Debenhams store card,

 

Hi,

 

Was the store card upgraded to a credit card ?

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Hi, if this was a storecard that was upgraded, you might want to have a read of the following.

 

http://www.consumeractiongroup.co.uk/forum/content.php?867-Has-your-store-card-been-automatically-upgraded-Hot-News-for-you!!!

 

 

With all due respect, if there was a claim form in the post to you.. the only way you would be able to satisfy the claim would be to pay it all along with their costs!.. not be given another 3 months to repay !!

 

If your card was upgraded from a store card, then they might just be a little worried about the content of the link above and want to get all the monies from these "toxic" cards in before the "debtors" get to read about it :)


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No wasnt upgraded just a store card, no extra charges added until CL finance.

 

I dont really want to wait around and do nothing, it seems they want to take me to court and i really dont want a CCJ, my credit rating is bad enough now would be impossible if i get a CCJ. There must be something i can do? or is rusming my payments my best option?

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So you haven't actually recieved a claim form yet.

 

Send CL a CCA request tomorrow.

 

Debbie x

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If you have not actually recieved any court docs yet, you could pay the 3 months arrears.

 

That way if they have actually started proceedings, the amount being claimed will be wrong .

 

I would still recommend doing the CCA request.

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BTW, if there are any charges or "fees" added, you can actually claim these back !!


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No wasnt upgraded just a store card, no extra charges added until CL finance.

 

I dont really want to wait around and do nothing, it seems they want to take me to court and i really dont want a CCJ, my credit rating is bad enough now would be impossible if i get a CCJ. There must be something i can do? or is rusming my payments my best option?

 

And they can add these charges WHY?

 

You do NOT pay fictional charges added by these muppets!

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So i tried to make my regular payment but i couldn't resume my direct debit and every time i called them to try and make a payment they refused to accept it.

 

Now a claim form has appeared at my parents address from Northampton court but the issue date was 23 April which is now well past the 14 day deadline. Im stuck as to what my next move should be, im willing to pay the amount over about 10 months but just not in full.

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Im re-posting my problem as its been a while since i last replied. Apologies if i should have reposted but i need help.

 

 

I have been paying CL finance on a regular basis for about a year but in March i missed a payment and April too, i called to pay what i had missed and continue my payment plan and they said i had to pay the full amount with in 3 months as court proceedings had already started to issue me with a CCJ.

 

I have received letters but about taking me to court but i ignored them as i thought they wouldnt do it.

 

The amount was £980 but has gone up to around £1180 with fee added on for letters and solicitor fees, i could afford to pay it in around 10 months but not 3.

 

Following advice from my previous post I tried to resume my payments but they wouldnt accept them, now court papers have been sent but to my parents address stating i need to respond within 14 days but the issue date was 23rd of April so that date has now expired.I am at a loss of what to do and could really do with some help.

 

CL Finance do own the debt even though it was originally a Debenhams store card, but i was able to use it in other shops and withdraw cash on it so it was probably classed as credit card.

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Two threads merged and moved to Legal forum in view of the issue of court papers


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Have you had a default notice regarding this account?


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No, i've had a number of threats of court action but no letter that said Default Notice on it

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I suggest a SAR to the card issuer to get all the data on the account

up until it was passed to CL.


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Hi, are you saying the issue date of the claim form was 23rd April ??

 

There is a time scale that MUST be adhered to:

 

Issue dated = 23rd April + 5 days for service = 30th April + 14 days to acknowledge the claim = 14 May + 14 days to submit a defence = 28th May 2012.

 

I would think they have now obtained a Judgment in Default.

 

First thing tomorrow, you should telephone the court (number is on the claim form) giving the claim number which is at the top right hand side of the claim form and ask what the status of the claim is.

 

If they advise a judgment in default has been given, you best come back and let us know.

 

There is little we can advise you until we know the true position.


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Are you able to scan in the claim form.. minus personal information of course.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ok SAR the original creditor and call the court tomorrow to find out if i have a judgement by default.

 

If i explain to the court that they sent the forms to the wrong address or that they didnt send me a default notice would that buy me some time or should i save that as a defence?

 

I dont have a scanner unfortunately, what information do you need from it?

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If you have a judgement by default, then you are going to have to get it set aside as the form was sent to the wrong address and you only received.. a few days ago.

 

I doubt the court will be able to do anything other than to advise as I have above.

 

Just find out for sure what the status of the claim is and we can plan any future moves once we know.

 

We need to know what exactly it says on the claim form.. minus any figures. What are they claiming for !!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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ok the particulars of the claim are for the sum of £902.00 being monies due from the defendant to the claimant under a regulated credit agreement made in writing.

 

I have failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the consumer credit act 1974.

 

I couldnt get through to the court, was on the phone 30 mins in a queue but have to go to work, it look like a default judgement hasnt been made against me though, when i log in to moneyclaim.gov it is still allowing me to choose from the options of acknowledgement of service and the response forms.

 

I dont really wan to go to court, i just want to pay off the debt and get on with trying to rebuild my credit. If i fill in N9A which is admission to the debt but wanting to pay in monthly installments will i still receive a CCJ?

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If that is what you want to do then yes, complete the admission of debt form return it to the solicitor with a copy of your income and expenditure form. showing that you can only afford to make £XX amount each month.

 

Although I think there is one attached to the claim isnt there ?

 

TBH, I do not know if you will still receive a CCJ or not :( I will ask for you.

 

I think you should also point out that you missed two payments and the Creditor refused to allow you to make these up and continue with the arrangement. Point out also that the claim was sent to an incorrect address.

 

I think it is most unfair that they then rushed into litigation.

 

You need to act on this swiftly in order to make sure that you are in time with your offer.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you want to try to avoid the CCJ and have any chance of mediation then dont admit or partial admit.

 

Andy


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You should have it set aside. This will take you back to the point of the claim being issued. You could then admit the debt and pay, and no CCJ will appear on your credit record.

 

Why was the form sent to your parents’ address? Is this the usual address they correspond to? If not, that is a clear case for a set aside.

 

As you had no chance to pay, you should not have to suffer an unnecessary black mark against your credit, especially one that would have been applied unfairly.

 

Anyway, you really should be testing their mettle with a CCA request/CPR once you get the set aside. Does the amount they are claiming include unfair charges? When did you take the store card out? Was it a regulated agreement?

 

You have a long way to go with this! First thing is to check whether they have actually applied for a default CCJ. Look up Registry Trust – it should cost £4 to find out. Otherwise try the court again.


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