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Help advise needed - Ind/marsden order to attend for questioning


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I have a ccj that is more than six years old

 

I agreed a payment plan of £100 per month with marsden 3.5 years ago and I have never missed a payment but

 

in Feb 2013 I received a letter from ind ltd saying that I now need to pay them instead of Marsden as they were now collecting the debt as they were the original creditor

 

I called ind ltd but they didn't allow me to pay via standing order like I was paying marsden only via dd that I couldn't do,

 

I agreed with ind ltd that I would continue to pay marsden but

 

in March 2013 I received a letter to attend for questioning due to non payment.

 

I called ind ltd straight away as I didn't understand why they had sent me this and i reconfirmed what was previously agreed

but they said they wanted me to pay them,

 

I spoke with my bank a arranged the dd for £100 and cancelled SO to marsden but ind ltd are still insisted I attend court,

 

any advise would be welcomed.

 

I am finding very difficult dealing with ind ltd and every time I call the balance is different between £2200-£3600 depending who I am speaking too even the covering letter and statement have different amounts on, however I had the manager confirm it was the lower amount of £2200 so I offered a settlement of £1500 but ind ltd rejected it saying they want full payment.

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Thread moved to legal Forum.

 

Regards

 

Andy

We could do with some help from you.

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I think where the problem arose from is that marsden / ind weren't communicating with each other

 

I was still receiving letters from marsden after ind ltd telling me I need to pay them also marsden where only collecting the money

but only sending it through to ind as and when they felt like it -

 

the worry I have now is that as the ccj is over 6 years it has been removed from my credit report

and I have had a mortgage agreed but I am worried that when i go to court they might do something

so it goes back my credit report and the mortgage lender sees it and changes their mind

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What letter have you had to attend court for questioning User...does it state the courts stationary reference number?

 

Regards

Andy

We could do with some help from you.

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don't worry on it going back on your CRA file - it cant , once off its gone.

 

have you a copy of the org judgement?

 

as for ind

 

you need to read this thread in full.

http://www.consumeractiongroup.co.uk/forum/showthread.php?393306-CCJ-issued-jan-13-to-an-old-address-on-Sb-d-Welcome-finance-loan-now-summons&p=4255031&highlight=ind#post4255031

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It was an N316 letter

 

N316 Application for order that debtor attend court for questioning

 

http://wbus.westlaw.co.uk/forms/pdf/cpf00263.pdf

 

The order been actioned...when are you to attend court?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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The hearing was today but there was nothing to worry about as the creditor didnt turn up.

 

Also because i already had a payment plan in place that i have stuck to(never missing a payment) and the fact i was happy to continue this arrangement the meeting only lasted 5 minutes.

 

The court officer apologized for the wasting my time and also for the inconvenience of having to attend.

 

The concern i have now is that i was paying IND Ltd through marsden and out the £100 per month i was paying Marsden only £75.00 was being sent through to IND?

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what!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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IND are just washing there hands of it saying i need to speak to Marsden and that is just there fees and Marsden are saying its nothing to do with them as these fees were agreed with IND?

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I personally would not pay either until they proved who is the legal owner of the debt and request statements from both to account for all payments thus far.Did you inform the judge that both parasites are claiming payment on this judgment?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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There was not a judge their just a court officer, Marsden & IND have agreed that i now only have to pay IND and IND were the ones that sent the letter to attend, Marsden are saying these are the fees they agreed with IND to collect the money (25% of the money paid) and IND are saying are agreeing - but the court officer said i should seek advise as they didn't think they could charge these fees and i feel charging a fee of 25% of the payment made is completely unjust.

 

I really appreciate your advise but i don't really want to stop paying a they will threaten me with further court action and repossession orders.

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I would be demanding all the 25% 'cuts' marsden have take back!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

ask them WHERE on the org CCJ judgement

does it say they are allowed to charge collection fees

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi all

 

I had a ccj debt that Marsden Group were collecting on behalf of IND Ltd and I had a payment plan of £100 per month and I have never missed a payment.

 

I had a letter from IND saying I was to pay them directly instead of Marsden, which was fine so I asked IND to send me a statement and when the statement arrived I noticed that the £100 monthly payments were only showing at £75.00 per month so I called IND and questioned it but they said that was with Marsdens fees removed although I accept there some form of interest but 25% of the made payment, that is ridiculous?

 

So over 3 years I have paid £900 in fees surely this can't be allowed?

 

IND are just saying it is what it is and they can't do anything and marsden and telling pretty much the same thing?

 

I have asked them to show me where in ccj it mentions these charges but they tell me it doesn't need to, help needed

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You should have been informed of the £25 a month charges and need to see whether you were ever given this information in writing. Suggest an SAR to Marsden asking for copies of all documents they have ever issued, as well as any other data held.

 

Once you have the SAR info back, if there is no document showing the charges, then start an official complaint with Marsden and ask for a copy of their complaints procedure. If there is no other way to get the charges back, you might have to look into making a small court claim against them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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threads merged

 

best to keep things in one place

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I think you'll find that unless it specifically states in the judgement box

they are allowed to charge a fee, they are not.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

NO fees for paying a CCJ.

 

Judgement order overrides all Ts & Cs

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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NO fees for paying a CCJ.

 

Judgement order overrides all Ts & Cs

 

 

Except for the charging of post judgment interest if the agreement stipulates.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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