County Court Money Claims center

[Joanna Connolly]

Re: County Court Money Claims center

Nick I noticed while I was away that in your post of 11 August 2016 you advised that you had instructed a local solicitor and that the army had been notified that they are dealing with it for your son. As you have a solicitor instructed I am not in a position to assist.

I hope you achieve a favourable outcome in this matter for your son.

[Never-In-Doubt]

Re: County Court Money Claims center

I've reminded Jo again just now.

[nick0]

Re: County Court Money Claims center

Plan B,
1st point is I am still waiting for a reply from Jo.

2nd point is the reason I put this post up is I am concerned that Renault has acted incorrectly,regarding what my son or his mum had or had not done is not currently the issue.

We are using a local solicitor as we had no other option.

Thanks
Nick

[PlanB]

Re: County Court Money Claims center

The finance for his mums car was direct with Renault, I have looked into helping him out with a personal loan (NatWest)
but will wait till I get this sorted.

That makes sense.

So what are your next steps with the Renault HP/CCJ/AOE problem ?

If your son stopped paying the agreement after 12 months who did he think would make the payments from then on?

Did he stop paying due to hardship or did he think someone else would take over responsibility for the payments albeit that could only be an informal arrangement which wouldn't release him from his legal liability to the creditor.

Plan B x

[nick0]

Re: County Court Money Claims center

Hi Plan B,
The finance for his mums car was direct with Renault, I have looked into helping him out with a personal loan (NatWest)
but will wait till I get this sorted.

Nick

[PlanB]

Re: County Court Money Claims center

the good news is the Army will not deduct and monies from his wages
due to the information received via my letter

It's good that your son has been given some breathing space to deal with this issue.

I've seen this post on a thread you started yesterday and wonder whether it relates to this situation since you refer to getting a loan for a car for your son. Or does this mean your son is buying a new car for himself?

I did a pre application for a Natwest loan (my son for a car, see my other threads) and it came up with APR 20.9%
so I left it at that and said we can look at it in November.

Link to thread: http://forums.all-about-debt.co.uk/s...l=1#post572546

Plan B x

[PlanB]

Re: County Court Money Claims center

This is the letter I have given him to give to the Army.

Dear Sir/Madam,

It has been brought to my attention via a letter from Renault Finance that there is a County Court money claim against me for £6,634.21 that I have no knowledge of.

I have instructed XXXX solicitors to obtain copies of all relevant paperwork in regards to the following. . . .

. . . . My solicitor has sent a subject access request . . .

Which legal firm/solicitors has your son instructed?

Plan B x

[Pixie]

Re: County Court Money Claims center

That is good news nick0

[nick0]

Re: County Court Money Claims center

Hi All,
Ok Im back from my holidays and the good news is the Army will not deduct and monies from his wages
due to the information received via my letter.

That should give us time to get the info needed to challenge it.

Nick

[BuzzyBee]

Re: County Court Money Claims center

They did me being the 1st person ever to have a Parking Ticket within hours of the new law in Co Durham!

Different rules apply to the enforcement of parking tickets and other "offences" as opposed to CCJs. The debtor should have received an N55 and and N56 to be returned. It is an offence not to return the N56 and the court would have ordered a statement of means hearing upon that failure. It looks like they may have known he was in the Army and went straight to them instead. This is all lawful, since the judgment debtor is at fault for failing to return the form. He could have asked for a suspended order if he'd received it.

[The Tech Clerk]

Re: County Court Money Claims center

Already stated in the past that the unit would pay any bill if it is legitimate (credit agreement /CCj or as such) & make deductions through payroll

They did me being the 1st person ever to have a Parking Ticket within hours of the new law in Co Durham!

[Never-In-Doubt]

Re: County Court Money Claims center

A creditor shouldn't be doing this period. It's a joke, and they've clearly abused their position so a definite formal complaint needs doing AFTER Jo guides you on trying to reverse this mess but really you need your son to start getting involved. He *MUST* have had something or heard something. Things like this don't vanish.

That said it sounds as if they've gone straight to the court with the application - your phone call saying he wasn't there fell on deaf ears. I'd see what Jo says but it's not on that they go get judgment then apply for AoE knowing he's not able to respond / defend.

First time I've ever seen this, most likely as they know if he's in forces it's likely he's there for several years. For instance if he was 24 and a sergeant with 6 years working history at army, the lender would rightly assume in most cases that they'll still be there in 5-10 years. It's *how* they've acted which is wrong IMO.

[The Tech Clerk]

Re: County Court Money Claims center

Already stated in the past that the unit would pay any bill if it is legitimate (credit agreement /CCj or as such) & make deductions through payroll

[BuzzyBee]

Re: County Court Money Claims center

His Barracks have gone on leave and his boss wanted it sorted before payroll on 16th so that was the last available day that he could challenge it.
I can confirm it has given him a bit of time to get some legal advice.
Cheers
Nick

I always thought a creditor could not obtain an attachment of earnings order against someone in the armed forces, and that fact is confirmed by the CAB themselves: https://www.citizensadvice.org.uk/de...om-your-wages/

Your creditor can't apply for an attachment order if you're:

• self-employed
• unemployed
• in the army, airforce or navy
• in the merchant navy.

[nick0]

Re: County Court Money Claims center

His Barracks have gone on leave and his boss wanted it sorted before payroll on 16th so that was the last available day that he could challenge it.
I can confirm it has given him a bit of time to get some legal advice.
Cheers
Nick