1st Credit angling for a CO on LLoyds Credit Card CCJ -

[paulconn]

Received letter from 1st Credit whom I have been paying £30.00 per month for a CJJ from a debt originally Lloyds CC.

I have been paying the £30.00 per month since the CCJ was obtained April 14, I have not missed a payment since then.

 

I received this letter with their intention to review my account with a view to applying to the court to obtain a charging order to secure our interest against my property.

 

The letter also states that they want to know if my financial circumstances are likley to change in the forseeable future? I wish I knew.

 

At the end it also states

"It is not our intention to pressurise you into paying more than you can afford

and therefore we may ultimately decide that applying for a charging order is a reasonable and fair outcome."

 

Should you wish to avoid this action please contact us on 01737 237374 etc.

 

Can some one advise / help with what to do next ?

 

Thanks in advance

 

There is very little equity in the property if any at all!

[citizenB]

Is the CCJ joint or in only one person's name.

 

Is the mortgage in joint or in only one person's name

 

It is my understanding that there is little you can do to prevent this happening. If the CCJ is in only one person's name, but the mortgage a joint one, then they can only obtain a restriction on the equity of the debtor.

 

You say you have not missed a payment since the Judgment was obtained in April 2014. I wonder if this not so subtle pressure for you to increase the monthly payment - they are not allowed to simply demand that you pay more without asking the court to amend the Judgment.

 

 

 

 

As this statement is being made by 1st credit, it is without doubt intended to pressure and intimidate. Especially if you have adhered to the terms of the Judgment!

 

"It is not our intention to pressurise you into paying more than you can afford and therefore we may ultimately decide that applying for a charging order is a reasonable and fair outcome."

[paulconn]

Thanks for reply,

 

CCJ is in my name only.

Mortgage in my name only.

I havent missed any payments but at the begining they thank me for my efforts to date to repay this debt?

I was under the impression when the CCJ was obtained that as long as I kept up with repayments this would be ok.

[citizenB]

Thanks for reply,

 

CCJ is in my name only.

Mortgage in my name only.

I havent missed any payments but at the begining they thank me for my efforts to date to repay this debt?

I was under the impression when the CCJ was obtained that as long as I kept up with repayments this would be ok

.

 

A few years ago, this was pretty much a good argument to prevent a CO. However, once again, the rules were tinkered with and it is pretty much a done deal that where a person owns property and a CCJ has been awarded against them, a Charging order request will follow. It just seems very odd that they have waited a year suggesting they will be doing this, don't you think ? Which is why I am being quite suspicious about their timing.

 

Is it a large amount that you owe them ? If there were any default / penalty charges added to the account or Mis sold PPI, did you attempt to reclaim these ?

[citizenB]

I will flag your initial post for more advice from those on the site team.

[paulconn]

The amount owing is £6,300 approx . I never tried to reclaim anything back regards penalty charges PPI etc never only tried to do that once PPI on another Loan and got know where due to it being a broker who arranged Loan and then no longer trading and the company I took the loan out with said it was nothing to do with them ?

 

Would it be easy to reclaim these back?

[slick132]

Hi Paul,

 

You say the CCJ was for a Lloyds CC debt.

 

Have you reclaimed all penalty charges added to the a/c.

 

Was there any PPI on it.

 

These could be reclaimed and repaid to you direct or set against the balance owed.

[slick132]

If you have all your statements for the a/c, you should list the PPI and the penalty charges separately.

 

If you don't have the data, get it from the bank with a SAR

 

[dx100uk]

cant see a thread on the CCJ

 

did you not come here for help onit?

 

did you contest the CCJ and defend yourself?

 

when was the card taken out?

 

it might be you let them walk all over you

and they see you as an easy touch

 

dx

[paulconn]

Thans for replying,

 

I dont have any accounts for the Credit Card now ,

 

 

If I remember rightly the credit card limit was £5000.

 

 

so all the rest must be charges of some description,

 

 

when 1st Credit took me to court there was a fair amount in charges then?

 

How would I go about SAR Lloyds or 1st Credit?

 

sorry for not being bright regarding this?

[paulconn]

The card was took out around 2000 but not sure?

[paulconn]

I didnt defend CCJ at the time as I was recovering from Kidney Cancer it didnt seem impotant in the big picture then,

 

 

the card took out around 2000 but not sure exactly,

 

Maybe I was stupid then but as I said it was the least of my worries then.

 

Thats why I am after help advice now.

 

Thanks

[dx100uk]

who set the £30PCM payment level, the judge or you afterwards talking to 1st credit?

 

 

dx

[paulconn]

That was what I offered to 1st credit which I sent back in the official paperwork which I received from Northampton

which I believe I sent back to 1st credit as it was a partial payment / offer?

 

 

And I eventually received the paper work back from the court saying it had been accepted.

 

thanks

[paulconn]

Just got the CCJ paperwork out and it states you made the claimant an offer which the claimant has accepted . £30.00 per month the first payment due on the 16/04/14 and on or before this date each month until the debt has been paid,

 

hope this helps answer your last question a bit clearer dx100uk

[dx100uk]

I would suggest that this CO letter is just a bluff to frighten you into contacting them.

and squeezing more out of you.

 

hopefully andyorch will pop in later

 

but in the meantime

I'd get an SAR off to Lloyds bank At

Registered Office:

25 Gresham Street,

London EC2V 7HN

I'd also try a CCA request to first credit too

now they could say we don't have to as we've a CCJ

but it might help decide which way we go from here

if they don't have the paperwork

my thoughts are

that if you were in hospital or whatever and couldn't really defend the claim

so thought better to admit it and that you find a lot of the debt is PPI/Penalties

both of these factor, and p'haps No CCA

might angle toward trying to set the CCJ aside

or

a redetermination on the payment levels

just my musings

dx

[paulconn]

Thanks for your help dx110uk will get the SAR Lloyds done and sent off Monday and I will do a CAA to 1st credit as well. I will post any replies I get from either of these ASAP.

 

Will keep an eye on here as out for the rest of today I really appreciate everyones advice so far its great to know there are lots decent people out there able to help.

[slick132]

Hi Paul,

 

Site Team Andyorch has said this about 1st Credits' actions :-

 

They are just after a review and possible increase - note the word " may ".

 

They can either apply for a re determination...doubtful. .. as they agreed the initial payment amount .........

 

......... or they can apply to secure the judgment vis a Charging Order...again doubtful ...further costs.

 

[Guest]

Paul

Even if they get a co (as citb says now poss even if an inst order), there can be no order for sale so long as the payment order is adhered to.

Only the ct can change the instalment amount, upon application

[paulconn]

Thanks for your advice everyone, will SAR lloyds ad CAA 1st credit, should I respond to 1st credit or ignore dont really want to talk on phone.

Feel a bit better with advice given will post regards SAR etc soon as I get a reply regards this account.

[dx100uk]

well you most certainly never ever speak to a dca or alike on the phone.

 

writing only. put the phone down.

 

just remember, they are not bailiffs

and never can be.

they might have attained a ccj against you,

but that doesn't give them any other magical powers.

 

I rather suspect that had CAG been involved from before the CCJ

that things would not have gone their way

but hey ho, your health situation dictated otherwise

and you cant be blamed for what sadly happened

 

dx

[paulconn]

Should I give them an up to date Financial statement or just tell them that I cant up the monthly payment as that is what the court and they agreed to ?

Thanks

[dx100uk]

pers if you only had the one phishing letter

hoping you might contact them, which is all its about really..

 

 

I'd not instigate any letter tennis at this stage.

 

 

dx

[paulconn]

Thanks for the help will ignore and see what happens will do other regards to SAR Lloyds.

[AndyOrch]

Thread moved to FLI.

 

Andy