creation credit card/Dryden- court action

[Moradin]

I owe money on 5 different credit cards, that i stopped paying last year. I sent each of them a statement of my financies to show that i couldn't afford to pay. I am paying a secured loan and a car loan. as these are priority debts

 

At this point, i have no money to pay any of the credit cards, and am just keeping my head above water, so to speak.

 

One of the lowest, has had a county court send me a moneywise claim. its for 3.5k and the court says nottingham, (i live east of london). Its a post office credit card.

 

Its asking me to show all my outgoings, and incomings, but doesn't ask for proof of any sort.

 

Is it just a case of registering with moneyclaim, and filling all the details in?

 

never been in this position before, and no info.

 

any advice from anyone?

[BRIGADIER2JCS]

Would that be Northampton CC??

[Moradin]

Sorry, yes.. Northampton.

 

Its a creation credit card, and Drydensfairfax are shown as solicitors.

Edited January 11, 2013 by Moradin

[BRIGADIER2JCS]

Sorry, yes.. Northampton.

Hi Northampton CCis a Bulk Clearing centre for claims if a claim is issued and goes forward the case will be move to your nearest county court.

 

Yes it is a straight forward statement of all your income expenditure used to assess if it is viable to start court action, fill it in honestly and send it back.

[Moradin]

Well my outgoings exceed my incoming monthly salary at the moment.

 

When its assigned to a local court, do i have to attend in person? (its very difficult for me to get time off work)

 

i have 5 credit cards that i owe money on, (27k total) - hardly any equity in my home, is there any possibility of a charging order? (i noticed the change of the law from october 2012). where it seems the law has decided that an unsecured debt, is really a secured one !?

[BRIGADIER2JCS]

If you have no ''disposable'' income after paying all your priority debts and other committments then they are unlikely to procceed, but IF they did yes you would nrrd to appear if it gets to a hearing.

[Moradin]

I registered with the MoneyClaim website.

 

It seems to suggest that i need to make a ''full admission'' ie; i know i owe the money, but i have to then fill in the paperwork? can i not do this online or am i clicking something wrong?

 

Also, it says that if i don't suggest an amount to pay them, then they will decide. I can't really afford anything but a token amount.

 

Back to the full admission point, i know i owe them the majority of the money, but, what can i do to get them to give me info on all the £12 overlimit fee's etc, i don't believe i should admit to having to pay

these, because its their interest that made it go ''over the limit'.

 

when i admit the amount, i just want to admit the right amount on the form, not all these £12.00 pounds they have kept adding ?

Edited January 11, 2013 by Moradin

[Moradin]

I still don't understand which bits of this form i have to return, and to whom.

 

its very confusing and makes no sense.

 

It says i should ''read the notes for defendant' attached to the claim form, but there weren't any. just 4 pieces of paper. (the claim form)

 

If i admit the full amount, i have to send it back to drydens.

 

(but they have added a lot of £12 payments)

 

if i admit part of the amount (which i do), i have to send it to the court, with another page, the defence.

 

what am i best doing? - if i send it to drydens, is it then up to them if they want to proceed further?

Edited January 13, 2013 by Moradin

[Ganymede]

Be warned that if you admit in full or partially admit you will automatically get a CCJ against you. This will affect your credit rating for 6 years and make it very hard to get credit.

[Moradin]

I think a CCJ is inevitable. it makes no difference, i still cannot afford to pay much.

 

I have completed the statement of earnings, and sent it back to drydens. I'm guessing at this point its up to them to take it further? or does it automatically turn into a CCJ ? (even though i sent it to solicitors)..?

i offered to pay £1 per month.