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court action!!! advice please


dph1976
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Hi All

 

I have received a court claim pack for me to fill out a defence etc.

 

I have a few issues so here goes.

 

It’s from Bryan carter solicitors regarding a debt that Lowell have purchased

 

The amount on the claim is £7952.90

+ (8% interest) £590.91

+ court fee and solicitor costs £290

 

total £8833.81

 

When i received the pack

i called Lowell.

they were very helpful and did give me some options

 

I made an offer to pay £50 per month towards the debt but

I also made it clear that I was going to be claiming for miss sold ppi.

they told me they could recall the debt and make a payment plan.

 

they also told me they could authorised a settlement figure of £3976.45 50% of debt.

 

they did tell me to call Bryan carters and make arrangements with them as it may be easier.

 

I called bryan carters and told them this.

They seemed confused and suggested that the person at Lowell did not knot court action was already being taken on this debt.

they told me they would talk with Lowell and give me a call back.

 

Several days later I spoke with Bryan carter solicitors.

 

They told me they had spoken to Lowell and there was no way they would be able to set up a payment plan with me.

and that the ppi claim was a completely separate issue.

 

I asked them to record that I had offered a payment and they were refusing it.

 

Again they told me this was due to the Lowell person not knowing where they were with the debt.

 

They told me the only way to stop court action was to pay the balance in full within 6 months (impossible)

 

I then called Lowell back as I was annoyed that they had told me wrongly that they could recall the debt and sort thing before court.

 

I told them again that I am disputing at least some of this debt as I was miss sold ppi and that this was a key part of why we are in financial difficulties.

I also offered them £50 a month towards the debt.

The lady was very helpful and went away to talk to a supervisor.

she was some time but when she returned she told me she had taken advice from her supervisor

and that they were going to attempt to recall this debt

(this is with full knowledge that a court claim has been made already)

she told me although it was a small chance, there was a chance that they could recall it and the attempt would be made.

 

How is it possible that the company who own this debt are saying they would sort this before court and yet the solicitors won’t entertain this?

 

Also

Is the claim pack meant to be actually signed?

It is just printed Bryan carter in the declaration

 

Thank you in advance for any advice

 

Dave

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You can check with the court to see if it is a genuine claim form.

 

If the court process has started, then you need to see it through. You can either submit a defence (I dont think mis sold PPI will be sufficient)

 

or you can complete the form making your offer of £50.00 per month and then start the process for reclaiming your PPI.

 

Unfortunately you will receive a CCJ marker on your credit files for sure, if you take the 2nd option.

 

If you were to know exactly how much the PPI refund would be, you could possibly argue that you dont owe the money on the claim if the PPI refund would be more than they are asking.

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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Thanks for this

 

i am already have poor credit and am not really concerned about the CCJ i just thought it would save me the hassle and extra costs

 

the other thing im not sure of is how i put my financial details on the form.

do i include my wifes income as this debt is in my name

this is not going to make much difference as her income is barely enough to cover the mortgage and arrears

 

our main income is from foster care, which is largely none taxable

however due to the nature of our business our income changes considerably dependant on the number of children we care for

would i be able to argue that as this income is not taxable and/or reliable that it be disregarded when considering any CCJ

 

thanks again for this

 

D

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Also, in terms of your wife's income I think you just need to be consistent so if you only put your income then you should only list your expenses but if you put both incomes then combine the expenses. What you shouldn't do is only list your income and then out down all of the expenses because that will give an inaccurate impression of your financial circumstances.

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Also, in terms of your wife's income I think you just need to be consistent so if you only put your income then you should only list your expenses but if you put both incomes then combine the expenses. What you shouldn't do is only list your income and then out down all of the expenses because that will give an inaccurate impression of your financial circumstances.

 

Agreed, although the debt is solely in your name, the I&E should show that your partner is contributing to the outgoings, mortgage etc. IMHO, it would be best for you to contact National Debtline, they will help you format a Common Financial statement that will be acceptable to the court and will also know what your priorities should be - what you do and dont need to include.

 

 

http://www.nationaldebtline.co.uk/

 

or call National Debtline free on 0808 808 4000

Monday – Friday 9am-9pm

Saturday 9.30am-1pm

 

 

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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Hi

So this arrived very recently?

 

You have given no details of the debt , when it was taken out , the particulars of claim , last payment made etc.

 

I would be thinking of a holding tactic at the moment, acknowledge the claim, send off a CCA request(if relevant) and a CPR31 letter

 

Or am I missing something?

Any opinion I give is from personal experience .

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