1st Credit claimform Lloyds TSB debt - now CCJ as missed AOS, now HCEO

[Gerrard04]

in order to set up a payment plan do I call them and tell them how much I can afford or do I need to present them with my incomings/outgoings and they determine this?

 

 

What would you recommend is a suitable payment plan

- sorry if I am asking you to hand feed me this information.

Also can they still continue to apply interest?

 

I think they put PPI on originally without my request and they refunded some monies?

How do I determine if the charges are unlawful or not.

 

An additional question,

if they lent me this money when they should not have.

I was not in a suitable position to repay this, not employed etc could this be seen as unreasonable lending?

 

Thanks again

[dx100uk]

what about using the N245 variation order to the court?

 

deal with the bailiff or the court directly

NOT to 1st credit or their sols.

 

statements should list PPI and any fixed sum fees

[letters phone call over limit late pay]

 

as for the interest

unless the CCJ says post judgemental interest no they cant add it.

[Guest]

is post #1 the full extent of their particulars. ie no claim for interest.

[Gerrard04]

Apologies for not responding sooner.

 

The total amount claimed was the outstanding balance (which they brought), In this balance, was charges and interest to date. Additionally, there was solicitors fees and court costs, I hope this is an answer to what you asked (Ford).

 

An, update on the situation is that I advised the solicitors that I want to challenge this and have asked for some time, I will then liaise with the courts as advised DX100uk.

 

In the mean time I have had an offer from the 1st credit offering me a 50% reduction on what I owe. Is this usual practice?

 

Many thanks

[AndyOrch]

Following on from Fords Post..they cant claim interest as its not been plead within their particulars...unless they have and you have not posted the particulars verbatim.

 

Can you give the figures seperate (Rounded up/down)

 

Debt amount =

 

Court fee =

 

Sol Fee =

 

Total Claim =

 

Andy

[dx100uk]

urm 50% discount....

[Gerrard04]

Afternoon Andy,

 

I don't have the original breakdown to hand.

 

However, if my memory serves me.

 

Debt= £8245.00

 

Solicitor Fees= £410.00

 

Costs= £540.00??

 

Attachment Issue Fee= £110.00

 

Amount now due= £9,363.04

 

On their annual statement, they have the opening balance at £8245, plus fees of £410 and £110.

The rest of the statement is made up of Cost increase and interest,

but they still arrive at the same amount due figure of £9,363.04

 

I can confirm the breakdown later when I get home.

 

Many thanks

[AndyOrch]

Okay so no interest allowed in the judgment...unless as it was over 5K their T&Cs of the agreement allows for it.

[Gerrard04]

Okay, that is good news. In regards to the T & C's I take it this is the original lenders T&Cs?

 

 

What are your thoughts on the 50% offer? Is this something I should look into - I guess this will be offered to me again in the long run, so would like to continue and hopefully contest it.

 

 

Thanks Andy,

 

 

Gerrard04

[Gerrard04]

urm 50% discount....

 

 

 

Yeah it is a May offer....

[AndyOrch]

Tell 1st Credit you would like to consider their offer on the proviso that they set a side the judgment by consent ?

 

Andy

[Gerrard04]

Thanks for the advice Andy.

 

 

So to confirm, I put this in writing to them? Is there any do's and don'ts in doing this?

 

 

By getting it set-aside this removes the CCJ from my history??

 

 

Gerrard04

[AndyOrch]

Thanks for the advice Andy.

 

 

So to confirm, I put this in writing to them? Is there any do's and don'ts in doing this? Not really...simply write what you wish to offer/request

 

 

By getting it set-aside this removes the CCJ from my history??Only temporarily... Starts the claim again..if you lose it goes back

 

Gerrard04

 

Andy

[Gerrard04]

Andy

 

 

 

Thanks Andy

 

 

But to confirm, if I they accept the offer to set it aside based on my offer of 50% it would remove it from my file. And as it becomes satisfied, it will remain off??

[AndyOrch]

Thanks Andy

 

 

But to confirm, if I they accept the offer to set it aside based on my offer of 50% it would remove it from my file. And as it becomes satisfied, it will remain off??

 

Yes if they agree to set a side and close it...withdraw/discontinue...not reissue

[Gerrard04]

I will put this to them.

 

 

Thanks Andy, DX100uk and others for your assistance with this matter so far.

 

 

Gerrard04