Getting myself out of debt

[debrag]

The burden of proof is on the Claimant.

Send a CPR 31.14 request to Moriarty Law using the free AAD Template in post #5 in this link > https://all-about-debt.co.uk/forum/d...mplate-letters

Di

Recorded or just 1st class?

[Joanna Connolly Solicitors]

I don't have the DN, I don't remember ever receiving one.

The burden of proof is on the Claimant.

Send a CPR 31.14 request to Moriarty Law using the free AAD Template in post #5 in this link > https://all-about-debt.co.uk/forum/d...mplate-letters

Di

[debrag]

Debrag

I know it is stressful but you do need to listen to what people are saying.

Just to give you some hope - I had a claim for a 5K credit card debt. The CCA was enforceable- it was all there including my signature BUT we won in court because they had not issued a default notice.

If memory serves me correctly , QQ did not serve me a DN ( It was written off after QQ kindly emailed me and said there was nothing to pay and it hadn't been sold, that rather annoyed the people who claimed to have bought it)

You can go through the motions of submitting a defence and negotiate before a ccj if you have to

I don't have the DN, I don't remember ever receiving one. The CVS file just repeats that they sent one out with the financial conduct information.

[Warwick65]

I don't have a DN either via post or email, though the SAR from QQ produced a csv file detailing emails, one states they have sent one out.

I see they say they sent one out- does it detail what they asked for and by when? You can argue non was received and you know it wasn't because you keep all your paperwork ( I assume you do). Also a S87(1) DN has to be sent by post or so I believe

[Warwick65]

Debrag

I know it is stressful but you do need to listen to what people are saying.

Just to give you some hope - I had a claim for a 5K credit card debt. The CCA was enforceable- it was all there including my signature BUT we won in court because they had not issued a default notice.

If memory serves me correctly , QQ did not serve me a DN ( It was written off after QQ kindly emailed me and said there was nothing to pay and it hadn't been sold, that rather annoyed the people who claimed to have bought it)

You can go through the motions of submitting a defence and negotiate before a ccj if you have to

[debrag]

The CCA is enforceable, no point in defending it, so I'll just pay it in full.

[Joanna Connolly Solicitors]

If I'm going to get a CCJ anyways. Should I just go the DRO route? Would mean I'd need a guarantor when moving home though.

If you admit the claim and make an offer to pay you will get a CCJ which stays on your CRA file for six years, unless paid in full within 28 days. If you offer to pay by instalments then you will get an Instalment Order (a CCJ) if the Claimant accepts your offer.

If you file the Acknowledgement of Service stating you intend to "defend all of the claim" you have 33 days from the Claim Issue Date to file a Defence.

After you file your Defence the court (MCOL/NCCBC) will serve it on the Claimant who has 28 days to inform the court if they intend to continue with the proceedings or not.

If they don't contact the court then the claim is automatically stayed (a pause button) until the Claimant (or the Defendant) makes an Application to lift the stay for which they will have to pay a fee (currently £255).

If they inform the court that they intend to continue with the proceedings then you'll be sent a Directions Questionnaire (an admin form to complete) which will give you the opportunity to tick a box for free telephone Mediation. If a settlement is reached during the Mediation it becomes legally binding, but it's not a CCJ so not recorded on your CRA file. (If you don't keep to the settlement agreement then the Claimant can return to court for a CCJ.)

My suggestion is you file your AOS (within 19 days of the Claim Issue Date) to give yourself time to think things through.

If you are thinking about a Debt Relief Order then there's a good explanation of how that works on this other website (or contact the CAB). There are pros and cons you need to understand. You can also see if you are eligible > https://debtcamel.co.uk/debt-options/dro/

Di

[The Tech Clerk]

a claim form N1 is just a start of proceedings, not a case dealt with, as evidence has to be shown (many an organisation discontinue near the end of proceedings due to them hoping you cave in on receipt of a claim form),

What you mean is if ever a CCJ did get obtained against you, you have 30 days to pay in full and a CCJ will not be recorded = beyond 28 days it will and show for 6 years.

If you are here for help please follow our system (proven) and ask before doing anything. I assume that is the reason you approached this site>>>??

[debrag]

Too early to suggest what you are saying, slow down and do not overthink. CCJ who says???

That is what the court claim form is for. What I've read says I send N9 back to the claimant with an offer of the arrangement, if agreed then it forms part of the ccj. Paying in full within 1 month and it goes off my credit file.

[The Tech Clerk]

If I'm going to get a CCJ anyways. Should I just go the DRO route? Would mean I'd need a guarantor when moving home though.

Too early to suggest what you are saying, slow down and doo not over think. CCJ who says???

[debrag]

who said your going to get a CCJ?? there are other options.

Because that is what the claim form is for and the cca in enforceable. Is it too late to come to an arrangement? Should I just pay it in full?

[nightwatch]

who said your going to get a CCJ?? there are other options.

[debrag]

If I'm going to get a CCJ anyways. Should I just go the DRO route? Would mean I'd need a guarantor when moving home though.

[Joanna Connolly Solicitors]

Niddy

I've re-read post # 41 on your Diary >

With reference to your QQ debt, It may in fact not be enforceable. You've probably got the same documentation as me.

I have two accounts through CashEuroNet UK LLC with two different DCA's. Lantern/MMF contend the agreement is enforceable but PRA Group say that the agreement isn't. They are identical.

I have gone over it with a fine tooth comb and believe I have found the fatal flaw. I've discussed it with Niddy, (albeit briefly), who says I should keep it under my hat. I will discuss it hopefully later with Di, (I've emailed it to her as well), and if it's a good case I'll share it with you. But hang fire just yet...

Like you I have had no default notice or notice of assignment. Both required.

Can you reply to my email please.

Di

[debrag]

May I ask who said the CCA is enforceable?

(I've got your email and I've replied).

Di

Niddy