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Hillesden DLC Alpins issue claim.. CCJ/Charging Order - What do I do now? :-(


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Hi all,

 

It's 2PM in the Morning and I am wondering what to do next, any advice would be REALLY APPRECIATED.

 

I have just received a claim form from Northampton (CCBC) dated 18th September 2013

 

Claimant:

Hillesden Securities

 

Sending address:

Alpins

Banbury

 

The claimants claim is in respect of a credit facility 4******* provided by capital one (europe) Plc at the defendant's request on 4/11/2004. Failure to meet requests for payment resulted in the account being defaulted.

On 11/12/2009 all legal and beneficial interests for the monies were assigned to Hillesden Securities LTD. The defendant was duly notified in writing of the assignment that a balance of £3170.20 was due. The balance of £3085.20 remains owing from the defendant.

 

Amount claimed 3085.20

Court fee 85.00

Solicitors costs 80.00

Total amount 3250.20

 

*** I also received a Notice of default sums from DLC Hillesden's on 18th Sept 2013 ***

Stating: 18/09/2013 Litigation costs (debtor) Total amount due £80

 

I was hoping for news of some money that I am owed to sort this lot above out but it has not materialised yet.

 

Note: I have been paying regular £1 and £2 token payments and previously received a letter from Hillesden's back in June 2011 with a 50% settlement offer that I filed at approx. £1500 but could not afford it at the time due to financial problems created by a solicitors error with a property sale in another matter.

 

So........ I have just called Alpins to see if the £1500 settlement could still be accepted to avoid a CCJ as a family member has offered to loan me the money, I offered £1000 waiting for a counter offer from them and willing to pay the previously offered £1500, they told me settlement would be £2900 now,far too much to ask my relative for,

 

What do I do no ?, they are no doubt looking for a CCJ with a holding order to be placed on our home that I have a interest only mortgage on and have 5 months arrears, things have been getting better and paid regular mortgage payments for the last year, I am waiting for a pay out from a commercial property solicitors error that originally put me in this debt but have struggled paying solicitors to sort it out.

 

Please Help, The papers served on me are dated 18th September.

 

Me and my wife were planning on setting up a small business soon when some money matures, would the CCJ affect this? Every solicitor I have dealt with in the past 5 years have had me over, even the ones that I have paid to do a job on my behalf.

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hi and welcome

 

the guys will be along in the morning

 

for now.

 

if they are offering a discount

you need to findout WHY.

 

PENALTY charges? PPI?

 

have you the statements?

 

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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Thread title amended.

 

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 OTHERS

 

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*** I also received a Notice of default sums from DLC Hillesden's on 18th Sept 2013 ***

Stating: 18/09/2013 Litigation costs (debtor) Total amount due £80

 

 

I think they are misusing the Notice of Default Sum..

 

Litigation costs are not part of the original agreement and until they actually WIN in court, then they cant charge these anyway. It is not a given that they will win either ??

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Uploading documents to CAG ** Instructions **

 

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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

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 your pre court negotiations don't work, then you have a timeline you need to adhere to.

 

Date of issue - 18th September + 5 days for service = 23 September + 14 days to acknowledge = 7th October + 14 days to submit defence = 21 October.

 

You MUST acknowledge by the 7th October else they will obtain a judgment by default.

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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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If your pre court negotiations don't work, then you have a timeline you need to adhere to.

 

Date of issue - 18th September + 5 days for service = 23 September + 14 days to acknowledge = 7th October + 14 days to submit defence = 21 October.

 

You MUST acknowledge by the 7th October else they will obtain a judgment by default.

 

Thanks so much for the above............

 

What should my course of action be before 7th October ?, Do you mean pre court negotiations with Alpins, they don't want to do a deal, should I acknowledge and admit everything online with my offer details explained ? do I need to ask alpins for more details/send them a letter of some sort.

 

Again THANKS

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If you are going to defend this - then you need to acknowledge the claim by 7th October.

 

If you are going to admit the debt and ask for an instalment plan then I think there are instructions for you to do this on the pack you received. I will ask others on the site team what you need to do.

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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Any admission or part admission will give you an automatic CCJ against you and will allow for a Charging Order to be registered against your house so think about it carefully.

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If you are going to defend this - then you need to acknowledge the claim by 7th October.

 

If you are going to admit the debt and ask for an instalment plan then I think there are instructions for you to do this on the pack you received. I will ask others on the site team what you need to do.

 

That was quick, Thank you.

 

I do not deny the debt but curious why I had no notification of this action from Alpins before the court notification arrived, is it worth challenging the paperwork that they have on file or should I just send an I and E form to court so they can see I have no excess money to pay larger repayments at the moment, I have a larger joint debt of 20k with Lloyds, I guess that takes priority ? All my debts were occurred through bad luck with a local solicitor sending the wrong lease to a property auction, then I was sued for miss-representation, It's been a bad previous 5 years for us.

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Any admission or part admission will give you an automatic CCJ against you and will allow for a Charging Order to be registered against your house so think about it carefully.

 

What ground would I have to deny this ?, it's on my credit file, I am concerned that one CCJ will start the ball rolling on our other joint debts, we have a plan to settle them but it will be a few months before we can do it.

 

So annoying, If I had all the solicitors fees back from a legal problem where my local solicitor sent wrong lease paperwork to a property auction I would not owe anyone a penny, dealing with solicitors is not a good thing for me, saying that....... are any solicitors recommended on here who could help with this CCJ problem that I have ?

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We do not recommend solicitors - however you might be able to obtain a list from your local Citizen Advice Bureau.

 

Do you know if there are any default/penalty charges on the account - these could be reclaimed to reduce the outstanding balance. Was there any Payment Protection Insurance added to the account that might have been mis sold ?

 

All I can advise is, if you admit the debt you WILL get a CCJ. Of course if you defend and lose, then you will also get a CCJ.

 

However, if you lose but are in a position to repay the debt within 30 days then there will be no CCJ recorded.

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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I haven't checked any of our debts for PPI and don't know if any of them have been miss sold, I didn't think it would be a good idea reviving these debts with my creditors when they are currently leaving me alone, does it make a difference with their attitude and actions ?

This card with the CCJ problem was with Capital one would have many charges against it I presume before they accepted token payments, I obtained the card in 2004 Is it worth me contacting all our creditors, could I use these charges as a defence against the debt or should I consider a partial defence ?

 

Thanks Thanks Thanks

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If I was to defend this claim, what could/would be my defence ? would it incur more court costs ? should I attend the hearing in Northampton ?

 

There would be no extra court costs - this is a small claim and unless one side is perceived to be "unreasonable" then costs are limited.

 

If you submit a defence then the claim will be transferred to your local court.

 

TBH, I do not know if you do have a defence, I will just read back over your thread to see what information you have provided. However, you can advise the court that whilst you admit entering into the agreement and acknowledge there is some liability, you dispute the amount being claimed. Be back in a minute.

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, it seems as though you were making token payments - were these agreed with the original creditor or with the new owner ?

 

Are you still making these token payments or did you stop and why ?

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, it seems as though you were making token payments - were these agreed with the original creditor or with the new owner

 

Are you still making these token payments or did you stop and why ?

 

Hi. I have always made token payments to both capital one and Hillesden and still continue to do so, I don't like the idea of it going to a local court. Are ccj's mentioned in the local tabloids.

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I do not know if they are reported in the local papers - but there is a register of CCJs. It would also be recorded on your credit file for 6 years.

 

If you have been and continue making the token payments, it would seem to me the main reason they are taking this action is to obtain a Charging order on your home.

 

If this is a debt in one person's name only, but the mortgage/ property is jointly owned - they will only be able to obtain a restriction on that person's share of the equity.

 

Any offer you make to the court, would it be more than you are paying now ?

 

You can ask the Court for a Time Order. Which I think avoids a CCJ being recorded. I have popped some information below if you are interested in this option.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders&highlight=Time+Order

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 are simply going to admit the debt then all you need do is to complete the form N9a in the pack you were sent and return it to the Claimant's Solicitor.

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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  • 2 weeks later...

Hello again

 

I disputed part of this claim as I know that various fees and costs would have been charged, I have just received a notice of default sums as below.

 

00/10/2013. Litigation cost (debtor) debit 20.00

 

Because I am in financial difficulty can they legally do this ? I guess I will meet HIllesden securities and Alpins in court soon, any suggestions on how I should I proceed ?

 

THANKS AGAIN

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Have you acknowledged the claim ? If so, you need to submit a defence by 21st October.

 

I will ask someone to look in on you -

 

You are maintaining a payment arrangement, and it would appear the only reason they are issuing the claim is purely to obtain a Charging order.

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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