Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1920 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I have just received a CCJ and all I got back from the courts was a letter telling me that the creditor sent the court a letter after they had received my admission and offer of monthly repayment, and that they had complained that the offer was too low.

The court has now ordered that I pay a larger amount each month and that the first payment should be paid to the creditor by the 22nd of this month which is a week before I even get paid.

 

I won't have the money by then and it's also more than I was expecting. Will the bailiffs come if I pay a week late? Or do you think the creditor will allow me to make the payment on the 29th if I explain my situation?

 

I do feel like it is a bit unfair as they have decided that not only do I have to pay more than I offered, I also have to find it in just over a week.

 

Any help would be much appreciated.

Link to post
Share on other sites

When you made your offer, did you submit an Income and Expenditure form - pay slips etc ?

 

I think you might have to make an application to the court and provide more information.. but wait while others with more knowledge look in on you during the day.

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

Link to post
Share on other sites

Indeed it looks like you made a fair offer based on your disposable income. Have sent out some S.O.S for you.

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

Link to post
Share on other sites

Sorry, one more question - what was the claim for originally ?

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

Link to post
Share on other sites
Hi yes I did send the income and expenditure form. It said I had around £90 a month spare that was all and I made an offer of £80 so it's not like I was taking the mick or anything.

 

You declared disposable income of £90 per month and offered £80 per month. What is the figure that the court are saying that you must pay?

 

Also, this is a joint debt. Do you know how much the other party offered?

Link to post
Share on other sites

Yes that is right. The other party offered £85 and also, I only really have about £60 if I'm honest but made it look like I had more so that it wasn't rejected!! I now have to find £100 per month.

Link to post
Share on other sites
Yes that is right. The other party offered £85 and also, I only really have about £60 if I'm honest but made it look like I had more so that it wasn't rejected!! I now have to find £100 per month.

 

Now you will see the importance of being honest on the form.

 

Many people are confused about offers of repayment and N245 Applications ( applications to vary the court order).

 

The procedure is that a copy of the repayment proposal is sent by the court to the creditor. If the creditor accept the amount being offered they do not need to respond.

 

If they are unhappy with the proposal, they have a period of 16 days in which to object to the court. They will need to explain the reason for the objection and outline what instalments (if any) they would be willing to accept. If the response is not received within 16 days, then the court will automatically accept the proposal outlined by the debtor.

 

In your particular case, the creditor considers that you could pay £10 per month more than you disclosed as 'disposable' income.

Link to post
Share on other sites

nimblejack ...by joint debt ...do you mean you both received a claim form each or was it one claim form with both your names on as defendants ?

 

Regards

 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes thanks, I have just spoken to the creditor and he says we can alter the date as long as payments are made each month and maintained so presuming he is right and is willing to do this, all will be ok. I do see now the importance of being honest!! But it is my own fault and I shall just have to cut back a bit somewhere else. Lesson learned.

 

We both received a claim form each.....said the same reference number on both but now rather than paying the debt between us, it looks like we both have to pay the full amount each!!!! I am not clear on this but I will be finding out.

Link to post
Share on other sites

was this a dca or the original creditor as the claimant

tell us more please..

 

 

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... 

Link to post
Share on other sites
We both received a claim form each.....said the same reference number on both but now rather than paying the debt between us, it looks like we both have to pay the full amount each!!!! I am not clear on this but I will be finding out.

 

That's plainly wrong! TB

Link to post
Share on other sites
Original creditor

 

 

who was

tell us the full story please

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... 

Link to post
Share on other sites

No, you wont both have to pay the "Full" amount of the debt - the creditor is only entitled to the amount of his claim which is £6,000.

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

Link to post
Share on other sites

The debt is joint and several therefore you are both able to be sued..as you have been.....have you both got default judgments or just one of you?

 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...