CCJ letter received - At my wits end!!

[SJP37]

No, like I said, no countersigned CCA after persuing the SAR route, got the usual threatening letters and numerous phone calls then it all died down. Now this has come out of the woodwork.

[SJP37]

There is a process that is followed.

 

Claim issued

Claim acknowledged

Defendant obtains information in order to defend

Defence submitted

Claim moved to Defendant's home court

Allocation questionairre (more paperwork issued)

Hearing date established.

Usually a Notice of Judgment is then sent out if you lose.

 

If this has all gone ahead without your knowledge, then you need to know where all the paperwork has been sent. !!

 

It looks to me as though a Judgment has already been issued. I suggest you telephone Northampton Bulk Claim centre with the Claim / judgment details and find out what the status of the claim is.

 

You can check if a judgment has been awarded by using the following link.

 

http://www.trustonline.org.uk/

 

It will cost you about £4.00 I think.

 

IMHO, I would phone the court first.

 

You really need to check this as a matter of urgency !!

 

Just checked on the trustonline website and the status says "Unsatisfied Judgement". Not alot to go on really for £4.

[Ganymede]

Just checked on the trustonline website and the status says "Unsatisfied Judgement". Not alot to go on really for £4.

 

 

 

Well you have a claim number and you know which Court it is at so what more do you need?

 

If you want to set aside the CCJ you will need a better reason than "my wife put the paperwork in the bin by accident"...

[SJP37]

Well you have a claim number and you know which Court it is at so what more do you need?

 

If you want to set aside the CCJ you will need a better reason than "my wife put the paperwork in the bin by accident"...

 

That's not the reason to set aside, I was explaining it got thrown away as to why I couldn't tell CB the date and reason for issue.

 

Anyway, can you explain what set aside is as I couldn't locate it on the link you sent, sorry if I missed it.

 

Thanks,

[dx100uk]

use our search top rght for set aside or the ndl link .

 

i'd do one last thing to get your ducks inline.

 

phone the court

quote the claim number

 

ask what address it was sent too

 

you could also get a copy too sent to you.

else get them to readout the judgement box

 

and write it down carefully.

 

dx

[SJP37]

use our search top rght for set aside or the ndl link .

 

i'd do one last thing to get your ducks inline.

 

phone the court

quote the claim number

 

ask what address it was sent too

 

you could also get a copy too sent to you.

else get them to readout the judgement box

 

and write it down carefully.

 

dx

 

Would a good reason to defend this and get it set aside because no countersigned CCA was produced when I did my SAR?

[dx100uk]

nope the ccj overides the need for a cca.

 

if you get the ccj set aside then yes that 'could' become an issue.

 

go phone the court now , confirm what address it was sent too. etc

 

dx

[SJP37]

Would a good reason to defend this and get it set aside because no countersigned CCA was produced when I did my SAR?

 

It was sent to my address, like I explained earlier it mistakenly got thrown out. Will give the court a ring and see what it was issued for.

[SJP37]

nope the ccj overides the need for a cca.

 

if you get the ccj set aside then yes that 'could' become an issue.

 

go phone the court now , confirm what address it was sent too. etc

 

 

dx

 

Phoned the court and this has been issued by BoS and is required to be paid in full. Obviously as I cannot do this I guess I will have to go down the N245 route and offer some affordable monthly payments. Is it worth trying a Debt Relief Order as the amount is under £15k?

[SJP37]

nope the ccj overides the need for a cca.

 

if you get the ccj set aside then yes that 'could' become an issue.

 

go phone the court now , confirm what address it was sent too. etc

 

dx

 

Sorry dx, one question has sprung to mind. If the CCJ overrides the CCA then why do we do a SAR?

[citizenB]

http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts

 

I think you might need to contact National Debtline to see if this can in fact be covered by a Debt relief order. I have attached their fact sheet for you to look at options.

 

It looks to me as though you have received a claim form and done nothing with it... not acknowledged or submitted a defence. As a consequence of this, you have received a County Court Judgment.

 

Did you not receive the order that advised there was a judgment against you ? It would have come from the court and confirmed a Judgment had been issued by default and that payment needed to be made.

 

 

If you have a good reason, you could get this set aside.. but from what is being said, you dont have one.

 

What a mess ..

[SJP37]

http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts

 

I think you might need to contact National Debtline to see if this can in fact be covered by a Debt relief order. I have attached their fact sheet for you to look at options.

 

It looks to me as though you have received a claim form and done nothing with it... not acknowledged or submitted a defence. As a consequence of this, you have received a County Court Judgment.

 

Did you not receive the order that advised there was a judgment against you ? It would have come from the court and confirmed a Judgment had been issued by default and that payment needed to be made.

 

 

If you have a good reason, you could get this set aside.. but from what is being said, you dont have one.

 

What a mess ..

 

Thanks CB, I may have received a form but when you get all these threatening letters you tend to not really taken much notice so it may have got caught amongst that and got discarded.

 

Like you say, what a mess! I will have a look at the National Debt Helpline and see if I qualify for a DRO. Failing that, offer to pay them back and hope they accept instalments of £1 per month ;-)

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?216795-SJP37-Halifax-BOS/page5

 

This is the original thread - spj, do you know which account they issued this claim for ? Because it is my understanding that you had at least 3 accounts !

 

Do you know if there were any penalty charges or PPI on any of the accounts that you could reclaim ?

 

You should have received statements for all three accounts when you sent off the subject access requests the penalty/default charges would have been itemised as would the PPI ?

[SJP37]

http://www.consumeractiongroup.co.uk/forum/showthread.php?216795-SJP37-Halifax-BOS/page5

 

This is the original thread - spj, do you know which account they issued this claim for ? Because it is my understanding that you had at least 3 accounts !

 

Do you know if there were any penalty charges or PPI on any of the accounts that you could reclaim ?

 

You should have received statements for all three accounts when you sent off the subject access requests the penalty/default charges would have been itemised as would the PPI ?

 

Hi CB,

 

1 of the accounts has PPI on it. But I thought as I had an issue with them over the signed CCA then there was little chance of claiming this.

 

The other 2 are actually 1 account as one was reactivated and used under a different card number.

 

Anyway, they all have late payment charges on there and cash advance charges. Where do I stand on them?

[citizenB]

You are still entitled to make reclaims for any mis sold PPI and charges.

 

You will need to make separate claims for these.

 

Do you have statements for credit card accounts/ or a copy of the loan agreement if it was a loan ? If so, then all you need do (for the PPI) is to enter the figures into a spread sheet - download the claim form from the FOS website and send to the Original creditor - HBoS and ask for your money back.. with interest

 

For default charges, you complete a spread sheet which does all the calculations for you - again download the claim form from the FOS website and send to HBoS asking for the refund.

 

If you need any further help in reclaiming these.. just yell .

[Bandit127]

The OP is in dire straights right now with a forthwith money judgment against him. If he doesn't sort that out he will probably be posting for advice about bailiffs at his door. PPI can be reclaimed at a later date but he has priorities right now.

 

I obviously stand to be corrected, but I see those as follows.

 

1. Any further correspondence on this MUST be kept, read, understood and replied to. No more mail is to be junked.

2. Get the judgment parked by getting a monthly payment agreed.

3. Explore options for getting a set aside.

4. Reclaim PPI and charges. Use the money to pay (or partly pay) the CCJ.

 

3. and 4. might amount to the same thing. But the OP needs to get 1. and 2. sorted before the judgment is enforced.

Edited August 29, 2012 by Bandit127

[Ganymede]

I agree with bandit. The OP needs to apply to vary the CCJ to an affordable amount.

[dx100uk]

Sorry dx, one question has sprung to mind. If the CCJ overrides the CCA then why do we do a SAR?

 

an SAR gets all personal data a banking group hold on you

rarely anything to do with the cca process

 

dx

[SJP37]

You are still entitled to make reclaims for any mis sold PPI and charges.

 

You will need to make separate claims for these.

 

Do you have statements for credit card accounts/ or a copy of the loan agreement if it was a loan ? If so, then all you need do (for the PPI) is to enter the figures into a spread sheet - download the claim form from the FOS website and send to the Original creditor - HBoS and ask for your money back.. with interest

 

For default charges, you complete a spread sheet which does all the calculations for you - again download the claim form from the FOS website and send to HBoS asking for the refund.

 

If you need any further help in reclaiming these.. just yell .

 

Thanks CB, yes have copies of the credit card accounts because of my SAR. Will get cracking in trying to claim these back........might help in trying to clear some of the CCJ ;-)

 

Thanks once again you've been most helpful.

 

SJP

[citizenB]

The OP is in dire straights right now with a forthwith money judgment against him. If he doesn't sort that out he will probably be posting for advice about bailiffs at his door. PPI can be reclaimed at a later date but he has priorities right now.

 

I obviously stand to be corrected, but I see those as follows.

 

1. Any further correspondence on this MUST be kept, read, understood and replied to. No more mail is to be junked.

2. Get the judgment parked by getting a monthly payment agreed.

3. Explore options for getting a set aside.

4. Reclaim PPI and charges. Use the money to pay (or partly pay) the CCJ.

 

3. and 4. might amount to the same thing. But the OP needs to get 1. and 2. sorted before the judgment is enforced.

 

Please take notice of Bandit's advice above, he is absolutely correct in that you must resolve 1 and 2 BEFORE the judgment is enforced.

 

You need to engage with the Claimant/creditor in order to arrange an affordable installment plan.

[citizenB]

Reclaiming PPI is not a 5 minute excercise and it could be up to 3 months or more before you received any money.. You will not be given that much time by the claimant before they consider taking further action.

[SJP37]

The OP is in dire straights right now with a forthwith money judgment against him. If he doesn't sort that out he will probably be posting for advice about bailiffs at his door. PPI can be reclaimed at a later date but he has priorities right now.

 

I obviously stand to be corrected, but I see those as follows.

 

1. Any further correspondence on this MUST be kept, read, understood and replied to. No more mail is to be junked.

2. Get the judgment parked by getting a monthly payment agreed.

3. Explore options for getting a set aside.

4. Reclaim PPI and charges. Use the money to pay (or partly pay) the CCJ.

 

3. and 4. might amount to the same thing. But the OP needs to get 1. and 2. sorted before the judgment is enforced.

 

Hi Bandit,

 

Was not going to delay in sending off the N245 Variation Order form to the court to try and offer an instalment plan that I can afford. I am doing this today. Hope that the creditor accepts it. (fingers crossed)

 

Will claim the PPI and Charges separately and, like you say, hopefully use some of this to help with the CCJ.

 

Thanks,

 

SJP

[SJP37]

Reclaiming PPI is not a 5 minute excercise and it could be up to 3 months or more before you received any money.. You will not be given that much time by the claimant before they consider taking further action.

 

Yes, I seem to recall reading somewhere that it's not a quick exercise. Like I said to Bandit, N245 form going to the court today with my offer of a monthly repayment plan.

 

SJP

[citizenB]

[AndyOrch]

Like I said to Bandit, N245 form going to the court today with my offer of a monthly repayment plan.

 

SJP

 

 

Don't forget to include your current I&E and first payment and also the fee £45 SJP.

 

 

Regards

 

Andy