Shoosmiths and charging order

[dx100uk]

ouch may2010...

 

this could be difficult then.

 

can you get that cra file

[say from noddle listed below]

 

we need to see who the owner is ...

 

dx

[dx100uk]

C

redit

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eference

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gencies

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noddle

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[JamieLeigh87]

According to noddle the owner is arrow

[dx100uk]

good that's better than it being the OC

 

SAR to the OC that's for sure

 

we need to findout why they have sold a £12k debt

and not gone to court themselves

 

arrows would have brought this debt for pennies in the £

 

and are now asking for the full £12k ...cheeky.

 

dx

[dx100uk]

whats the defaulted date in the debts summary.

 

and have you ever had a default notice

and a termination notice from Sainsbury?

 

dx

[JamieLeigh87]

It says the default date is January 14 even though I paid my repayment plan with shoosmiths on the 28th December

 

And yes I'm pretty sure I did receive a default notice from sainsburys

[dx100uk]

there should be a default date in the summary for the time of the sainbury default notice [ish]

 

not the updated date by shoey

 

dx

[JamieLeigh87]

August 2012

[dx100uk]

so about 2yrs in you had issues.

 

ok well CCA and sar returns are needed ASAP

 

let stall them

 

dx

[JamieLeigh87]

They are going down the ccj route first what does this mean will happen

[BRIGADIER2JCS]

You would have had a claim pack first, still a long way from court and a judgement at the moment.

[dx100uk]

They are going down the ccj route first what does this mean will happen

 

who said this and when [on the phone?]

 

dx

[citizenB]

They are going down the ccj route first what does this mean will happen

 

I am a little puzzled at this. You are making payments and they are now going to issue a court claim purely in order to obtain a charging order on your property ?

 

I would have thought they should have issued the claim in order to secure the payment at the same time applying for the CO ?

[JamieLeigh87]

Yesterday they mentioned they would apply for a ccj against me and then on to a charge order but having looked online I am under the impression as they have agreed a repayment plan and I've been maintaining the repayments then they can't actually do that? Correct me if I am wrong, please.

[Desperate Daniella]

Just maybe they don't think they would be granted a CCJ as there is already a payment arrangement in place which is why they are trying to push JamieLeigh into this voluntary CO arrangement.

[Desperate Daniella]

I would have thought their only justification in taking you to Court, apart from not keeping up the payments, is if they genuinely believed that you could afford to pay considerably higher monthly payments.

[JamieLeigh87]

I've got it in writing though that they accept the repayment on the basis that they will apply for the CO.

 

I have made payments towards it and not missed a payment.

[citizenB]

I will try and find out what hte position is in this situation for you.

 

It is my understanding that IF they had already taken court action and obtained judgment they could then apply for a Charging order straight away but that the application had to be made at the time even if you were maintaining the payment plan.

 

In your circumstances they have not taken court action and you have agreed a repayment plan - I am really very confused. It also proves what is said about Shoosmiths !!

[JamieLeigh87]

Yes it's very strange isn't it!

 

I am getting the impression they are trying to use it as a threat to get me to pay higher (more than I can afford)

and because I cannot justify doing that they are threatening CCJ and CO because as far as I'm aware as long

as there's a repayment plan in place and I'm paying it then there's sweet f a they can really do?

 

Maybe I should just sit tight and wait for these claim

Forms to appear... If they appear?

[citizenB]

I thought I had already asked this question.. obviously not.. are they still adding interest to the debt ?

[JamieLeigh87]

No it doesn't look like it, CitizenB

[Desperate Daniella]

Sorry if you have already said this:

 

When did they agree the payment plan and how many payments have you now made at the agreed rate?

[citizenB]

No it doesn't look like it, CitizenB

 

That is one good piece of news

[JamieLeigh87]

They agreed the repayment plan in November I made my first payment in December and am due my next this coming week

 

Ah glad that's good news what does it mean exactly?

[citizenB]

They agreed the repayment plan in November I made my first payment in December and am due my next this coming week

 

Ah glad that's good news what does it mean exactly?

 

That they are not adding interest to the outstanding debt, you obviously want to see it decrease rather than increase.