various catalogue 'debts' - opps now got a CCJ - help!

[DCam]

Like I said,

 

we filled in a form on the webpage a while ago and can't remember what we said,

 

I might be able to log back in to the page to check? If its still active.

 

we didn't think they would be able to prove their case, but somehow the judge believed them?

[dx100uk]

so you never bothered to attend court?

 

you need to pay this be 1 cal mth

else you'll have a CCJ registered for 6yrs.

[DCam]

No, my partner didn't like the idea of going to court

So thats it?

No appeal?

no, show us the proof?

Just pay the debt?

[dx100uk]

you prob wouldn't of had to of gone to court

if you'd come up on here and asked for help.

 

 

have you the money

can you pay it

its not a lot?

[DCam]

Its not so much paying it,

its that we don't owe the debt in the first place.

 

We don't bother with debt, tic, catalogues, credit cards, whatever, any more,

we used them years ago but I've managed to pay it all off and its cheaper to just save up and buy stuff.

 

Its a bit annoying, we paid all this debt off,

don't use it any more,

and some Umar Zahid guy says we own him money when we don't,

and gets the court to agree with him.

 

This happened with my partners Dad next door neighbour, (she did owe the money),

she paid back £10 a week, maybe we could just do that.

 

My partner said she didn't want to end up with a CCJ,

but as we don't use credit,

hopefully it will not effect us too much.

 

My credit file doesn't seem to be linked to hers or anyone elses,

so if I want to get a car on credit, hopefully it will not matter

 

. That's just about the only thing I would want to use credit for now.

[dx100uk]

Who says you don't owe the debt....

Have you proof

[DCam]

I didn't say we have proof,

isn't the onus on the claimant to prove that we do owe the debt, anyway?

 

I would have thought that 2 something years of asking for statements with nothing forthcoming, the fact that we don't use catalogues any more,

and haven't for a long time,

and no recollection of this account would be enough for you.

 

I think it would be hard to prove you don't owe a debt anyway,

how would you do that?

But I'm no lawyer.

[dx100uk]

Yes the owness is on the claimant

But if you don't bother to defend the case

And bother to even go

You lose handsdown

 

The fact that they might not have any paperwork is sadly not a valid defence if you decide to apply for a set aside

But that will cost £255 unless you are on benefits

 

I hope others will read this thread in the future and not ignore a court claim and follow it thru

We don't know what you did

Aos wise..did you defend all

Send the claimant a new CCA request?

Follow it up by filing a relevant defend in time?

 

Its obv from when this thread started

There were cat debts that you knew about

[DCam]

I did tell my partner that if we didn't go to court they would probably rule in their favour, but she really did not want to go, so there was not much to be done about it I'm afraid.

 

Believe me when those debt letters landed on out door mat it was a complete surprise,

as we most definitely did not know anything about cat debts.

 

 

I think they just went on a fishing expedition to see what they could catch,

its just a pity they didn't drop all 5 debts, only 4 of them.

 

We don't know what you did

What do you want to know?

 

Aos wise..did you defend all

can you explain this please

 

Send the claimant a new CCA request?

They didn't bother to reply to the last letter I sent them,

but I could try it if you think its worthwhile.

 

Follow it up by filing a relevant defend in time?

What is this?

 

re: benefits

we aren't on any qualifying benefits,

but might get court costs because of low income.

£100 costs was added to the debt, might we be able to get this took off?

[dx100uk]

these questions were/are in relation to what you did when you got the claimform ...

 

 

so

 

Aos wise..did you defend all...

so you had to acknowledge the claim on the mcol website remember

did you select defend all? what did you select?

 

Send the claimant a new CCA Request?...

so when you got the claimform, did you then send the claimant a NREW CCA request?

 

Follow it up by filing a relevant defend in time?

and after all that , did you file a relevant defence?

i'e the claimant has failed to provide any relevant paperwork provin the debt.

 

 

I suspect

one of the above you did not do

because you wouldn't have got a default judgement

if you had

so ...something is amiss in your story...

 

 

to all intent and purpose

you 99% of the time DONT even have to go near a court..

so ...

did you actually get a letter that you must attend court on a said date?

 

 

what cold have avoided all of this is whats in post 8 about sending an SAR?

 

 

did you?

[DCam]

I realise we haven't done enough to deal with this,

but this debt has been passed around a number of times,

we got sick of dealing with it,

and I've been kinda busy setting up my business.

 

 

We did get a letter about a court date,

that's when we sent the letter.

 

 

A bit late I know. What is "amiss" anyway?

 

 

I can assure you we have been completely honest.

 

 

Anyway, sorry you couldn't help us,

the plan is to wait and see if they turn up at the door,

and then arrange a payment plan if they do.

 

 

Not very good I know, but its the best solution we have atm!

[dx100uk]

ok well 'they' will not turn up.

no dca has ANY BAILIFF POWERS.

 

 

it twill be either a court bailiff

easy to deal with

or

it will be a HCEO, if they pay £60 additional fees.

they can be a pest

but the bottom line is...

this is a civil claim

so no forced entry or anything.

 

 

the only thing with letting it POSSIBLY get to the bailiff stage is cost..

it might end up £325 MORE. and theres nowt you can do about that if it goes that far.

 

 

 

 

what the date of the judgement please?

 

 

i'm trying to find a route to put a chink in their armur

but getting the info need

is a bit like pulling teeth at present.

 

 

help us to help you.

 

 

dx

[dx100uk]

opps just looked at the value of their claim

its under £600 so bailiffs can never be involved.

 

 

so sitting on your hands might not be too bad an idea.??

[DCam]

 

 

what the date of the judgement please?

 

 

dx

 

The letter says: "At a hearing on 15th July 2016"

[dx100uk]

so sadly you've now got a ccj anyway just I think

 

might be an idea to sar JDW

 

get all the statements and lets see if theres a reason for a set aside if you wanted too later down the line there

 

dx

[shamrocker]

"opps just looked at the value of their claim

its under £600 so bailiffs can never be involved."

 

What are the rules involved here in respect of bailiffs DX?

[martin2006]

I have very little knowledge of bailiffs and their procedures but i suspect that due to the low value of the ccj, bailiffs could not get involved as the fees would be in excess of the original ccj.

[mercyblue]

"opps just looked at the value of their claim

its under £600 so bailiffs can never be involved."

 

 

The £600 is the amount needed to transfer a debt to use the high court enforcement except you cannot do that for any judgement arising from a cca regulated agreement.

[AndyOrch]

If you have a debt of between £600 and £5,000 (including court costs), a judgment in the County Court.A Claimant has a choice for enforcement between either the County Court Bailiff or the High Court Enforcement Officer (HCEO).

 

Debts below £600 can only be enforced by County Court Bailiffs. Judgments for debts of £5,000 and over can only be enforced by an HCEO.

 

And Judgements regulated by the CCA1974 are as rare as chickens teeth..its not financially viable,

[shamrocker]

Thanks guys... so, does that mean when the County Court bailiffs turned up at my address last year after my wife (stupidly) missed two months payments to Bryan Carter for a CCJ on an undefended Very account claim, they were not within their rights? The judgement was for £1200, and there was a balance of about £600 remaining at the time.

 

Sorry to take over the thread with this.

 

Sham

[AndyOrch]

If the agreement was by way of the Credit Consumer Act 1974....then that is very rare..and I have yet to encounter it yet.

[DCam]

so sadly you've now got a ccj anyway just I think

 

might be an idea to sar JDW

 

get all the statements and lets see if theres a reason for a set aside if you wanted too later down the line there

 

dx

 

Okay so we are going to try this, but I'm not 100% sure where to send the letter, the court letter says "a debt to Fashion World", and I looked up their address on the ico website:

 

Fashion World Limited

Griffin House

40 Lever Street

Manchester

M60 6ES

 

Is that correct? or do I sent the letter to JD Williams? I'm not sure.

[dx100uk]

Jdw

[DCam]

Would you mind explaining why?

According to https://en.wikipedia.org/wiki/N_Brown_Group

Fashion World and JDW are both brands of N Brown Group

[dx100uk]

jdw are the HQ of all their cat brands

N Brown is the group that owns JDW

 

 

just read a few posts here in the mail order forum

 

 

dx