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    • Hi,    I'm new to this forum and hoping for some advice!   I have various overdraft, credit card and loan debts, which are all a bit of a mess:   Barclaycard (2 cards) = £14,000 (1 card suspended, but not in arrears) Lloyds CC= £3,800 Tesco CC = £3700 Natwest CC = £650 Natwest Loan £17,000 Natwest OD = £1,400 Halifax OD = £1,500   Currently, I have not missed any payments, but I'm reaching a point where these debts are becoming unmanageable. I have just about kept up with repayments but now all 0% have ended and minimum payments are increasing making it impossible.    I am considering a debt management plan... Reading through other people's experiences, dmp's seem to have mixed opinions and I'm also unsure if I should use a company like Step Change or Payplan whether I'd do better approaching the various creditors myself.   My wife also has debts, but much less (approx £10k and up to date, but struggling). Is it prudent for us to both start a dmp, or will that effect our long term plans if/when we want to remortgage/move down the line? (i know it'll be 6 years after default before these will disappear from our files).   As it stands, my min payments next month are approaching £1k, which is absurd. What kind of level of min payment would I expect to pay in a dmp?   Also, there seems to be a lot of advice on obtaining CCA's. At what point should I be asking for these, or is this something best left until the debts are inevitably sold on?   Sorry for the multiple questions!   Thanks in advance,   A    
    • No I have not  . . . there are two loans bought by Intrum.  An overdataft debit and a Loan. The Overdraft debit has not been settled.   . . . It is still going and it is in the Simple Procedure Court  . . .  and this is what my post is about The Loan debit has been settled by accepting the dicounted settlement.
    • Thanks for the info. I actually got it wrong, it's not in the tenancy agreement, they were just told verbally when signing for the house so even less of an issue now. The agent did say if they had smart meters installed then the landlord would charge to revert them back to standard meters. I've already told my daughter they have no legal grounds to impose such a charge.
    • A shortage of shipping containers, rising costs, and congestion at ports are holding back imports from China. View the full article
    • Hi,   Thanks for replying. I don't have a copy of either the judgment or the claim form as apparently they sent it to my old address in my previous name. I've never seen them at all. I refused to give them my current address as I didn't think that was a wise move. I've researched a little and not sure that 1998 loans can be statute barred like other debts. I am a bit stressed over it all though, so I'm not sure of anything at the moment
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I had a CCJ issued while on holiday

 

the company on the CCJ isn’t the company name I owe money to but the CCJ company name that has is now in liquidation

 

we’re do I stand?

 

I have had a text msg from the owner and he said they have filed the CCJ in the wrong name and it will be more expense change it to the company I owe.

 

I have now had a bailiff letter adding on an additional £2000

This is an ongoing issue due to faulty products

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Story doesnt make sense...

So some sues you but used the wrong name?

 

Expand please

And are they bailiffs or a powerless dca?

Name names

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... 

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No the company that has put a CCJ in my name I have never dealt with.

 

He admitted they filed the wrong name in their paper work to the court.

And because I was on holiday I have missed the 14 day deadline

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I think you mean a claimform not a CCJ

What date is top right on it please

You have 19 days to AOS not 14

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... 

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He said bailiffs are involved and they added on 2k.

 

Something isnt right here. maybe the OP can start fromt he beginning and give more info.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Right done some work on your 1st post

You cant have bailiffs without a judgement

 

So i gather the debt is over £600 And these are HCEO's at your door

 

Is this a business to business debt?

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... 

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Thread moved to General Legal Issues for now and possibly going to Bailiffs Forum when/if we get a full explanation of whats happened.

 

Andy

We could do with some help from you.

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Right so what’s happened is from the start I have been been dealing with a company called horsham cabinets company and was buying products from them for about 1 year. And this was all done on a hand shake I never filled in a credit account form or nothing of that sort.

 

Towards the end of that year I had on going arguments about what jobs I had and hadn’t paid for.

I told them that I didn’t owe over £3000 and had proff of the payments but they never took them off my statement.

 

What’s ended up happening is they have filed a CCJ in my name but submitted it in a totally different company name and that they’re accounts lady messed up.

 

I have been given a CCJ from a company called pd kitchen ltd and I have no invoices from that company.

I was dealing with a company called horsham cabinets Ltd NOT pd kitchens.

 

I have spoken to the owner and he sent this in a text msg last night

Hi Lee.. One of the payments you made were taken on the pd card reader. Lisa saw this and then completed the paperwork out incorrectly. We’ve looked into having the paperwork changed to the correct company name but it would cost me again, I will of course if you’d prefer. I liquidated pd kitchens this year and we now just operate as Horsham Cabinets from the same premises. Does this help clear things up ?

 

 

 

Hi liquidated it on 7th this month after CCJ was filed.

 

 

So I wanted to sort this out with him directly but now the liquidator has closed that company I don’t think I should deal with him direct?

 

 

 

So what I’m getting to is he has filed a CCJ in the wrong company name

I was away when all this has come about.

And missed the date to go to court.

 

 

Shall I get him to re do the paper work in the correct name and then take my evidence to court as my paper work won’t match pd kitchens its for horsham cabinets.

Edited by honeybee13
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As you don't owe the money to the company on the CCJ you could set it aside.

 

If you do owe the money, you pay it to the company named and by virtue to the liquidators / appointed insolvency practitioner. To do otherwise would be detrimental to any creditors of the liquidated business. This will discharge your indebtness.

 

Ultimately he needs to remove the judgement in the wrong name, alternative you can make application to do so then reclaim cost when you successfully defend new claim issued by the correct claimant. You have records to evidence no debt is due or in dispute ?

 

Also search beta companies house and check the legal status of both ltd companies.

 

 

 

If you really want to make life difficult ensure that the appointed is practitioners are aware of a linked company and possible depravation of funds.

 

N

Edited by Andyorch
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What date was the claim and judgment ?

 

What is this Bailiff letter for £2K ?

We could do with some help from you.

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Hi

 

You really need to to give us a breakdown of events from start till now as without this it will be difficult to advise

 

Was the 'handshake' referred to in post#8 done as:

 

Business to Business? or

 

Private Individual to Business?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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:noidea::noidea:

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... 

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Share on other sites

Once a CCJ has been filed can the claimant change there company name and address?

 

I have been sent a CCJ from a company called PD kitchens ltd, they are liquidated now.

I called the claimant and said I have never had dealings with pd kitchens Ltd.

 

He said I know we have filled out the CCJ paperwork incorrectly.

He said it was meant to say horsham cabinet company ltd.

He said he will call the court and change it???

Is that possible for him to do that??

 

I have been on holiday and missed the court date to prove I have never had dealings with that company.

 

What do I do now?

 

He text me saying This.

 

Hi Lee..

One of the payments you made were taken on the pd card reader.

Lisa saw this and then completed the paperwork out incorrectly.

 

We’ve looked into having the paperwork changed to the correct company name but it would cost me again, I will of course if you’d prefer.

I liquidated pd kitchens this year and we now just operate as Horsham Cabinets from the same premises.

 

Does this help clear things up ?

 

My reply is this to his text.

 

Hi Andy

I have spoken to my solicitor and they have informed me that the CCJ has been filed in the incorrect company name and there for it needs changing and court needs informing Monday as it’s illegal to do what’s been done and they need informing Monday.

 

I have been advised not to by pay Horsham cabinets for a CCJ that’s been filed under pd kitchens as there is no invoices I own with that name on them.

 

Once it’s been changed I’m happy to move forward on this matter in or out of court.

 

I’m also going to my bank Monday to get all payments that’s been made as proof.

 

Once I receive a letter from the court saying this has been removed I’ll call you and sort this out..

 

 

His reply

 

Yes. We’ve requested they correct the details

 

Can he do this or not

 

And what should I do now as bailiffs have added £2000 on a letter they posted.

Because I have missed he date what’s next.

 

I have looked at setting it aside but they want £225 for doing this but I don’t think you need to do this if it’s incorrect details from the claimant ?

Edited by dx100uk
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Yes it is possible to change the judgment claimants name...refer to CPR 19.5....(3 a&b)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#19.5

 

But its not a given.....have a read of the following....when the court’s discretion to substitute a party under CPR 19.5 failed.

 

https://www.mills-reeve.com/files/Publication/ba4bc38d-a54b-40dd-8f81-38c2b195cae4/Presentation/PublicationAttachment/7d0c89e9-f3a2-49f9-8e85-3c763d447a67/Mills%20%26%20Reeve%20-%20Litigation%20Update%20-%20May%202010.pdf

 

 

Again I ask you what date was the judgment ?

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

 

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I got a letter on the 25/7 and bailiffs letter on the 7/8 adding 2k in charges.

 

If the letter says pay pd kitchens by cheque could I post them one ?

 

But the issue is they are in liquidation so they won’t be able to bank it.

 

I want it changed name as there is money missed and their accountant keeps missing payments I have made

this is why I want it correct and then I need to resolve it.

Edited by dx100uk
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" I got a letter on the 25/7 "

 

Letter ? Is this the CCJ date ?

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

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You pay the official receiver for PD kitchens as listed on companies house. They have a bank account for it.

 

If you owe PD kitchens...

 

To stop bailiffs you need to get this before a court quickly on an application. They do not know that the CCJ was issued in the wrong name and can continue enforcement.

 

You also cannot pay Horsham as the judgement is in PD name.

 

You need to get this back to issue stage and defend - tell your solicitor to get the judgement set aside, as issued in wrong name, you have no financial connection to PD ie owe nothing to them. Then produce evidence that the invoice they allege are due were paid.

 

Also, the receiver is the only person that can issue a claim, and you should be speaking to them to make sure they are aware the director has issued a CCJ and enforcement whilst in liquidatation, and is now asking you to pay an alleged debt for the liquidate company to his active. This is detrimental to the creditors of the liquidated company, if proven you owe it, but you don't as you don't trade with them, and have paid all invoices.

 

Get your solicitor on it!

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