HELP please, received CCJ forms in the post

[1245pebbles]

Hi Niddy,

I'm an MSEr you've helped before, headed over here for your expert advice ;Hi

I received CCJ papers for an FLM loan yesterday; fair enough. However they're adding on an additional interest charge - can they do this?

To be clear, as it was a loan, all the agreed interest was included in the original loan amount. They are adding on nearly 2k on top! Additionally all my statements only have the original amount on as outstanding, this interest figure is entirely new.

I also stupidly can't find the original loan agreement, but clearly don't have enough time to do a SAR. Not sure I should even bother though - the original amount is correct - I guess it's probably not worth asking for more time?

Is it worth calling FLM and begging them to retract proceedings? I've been in constant contact with them, never dodged - Can a company stop proceedings once they've started (if you're not paying up the full amount)?

Also I just want to check my understanding on a few other points is correct too?

1) The CCJ will affect only me personally not the address I live at, or others living at that address not financially linked to me.
2) Bailiffs can not come round and take anything if it isn't mine, and would only be sent if I failed to meet the payments accepted by the judge.
3) I do not need to declare my CCJ to my place of work (I work in admin for a bank).
4) The CCJ actually won't have any impact on my life really in practical terms, considering I have multiple defaults and in arrangements to pay with all my creditors anyway.

Also do I have to go to the court in person, or can they make the judgement in my absence (if I make a payment offer)?

Many many thanks as always,
p

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Hiya

See this: viewtopic.php?f=59&t=541

But in answer to your question, do not ring them and ask for help - go to court and defend it! Point is, you need to go the main subject here and read the top 4 threads I done then you'll know exactly what to do and how to defend yourself.... Ive listed it all in layman, it is so simple to understand.

Main thing, get a CPR request sent off and ask for more time to compose a defence.....

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thanks Mr Cool - I did read those, I'm just not sure what my defense is and it does warn you could end up with costs in doing so! What grounds would I have to defend in this case? What would be the point in doing so - getting the interest wiped and then having them accept my payment offer?

Also I guess if I'm going to defend, I need to send the CPR request off AND at the same time request more time from the court using the Ackowledgement of Service?

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Hiya,

Ok lots of questions here but to keep things simple, consider the following.....

1. You mention in your first post that all interest was added to the loan amount, can you confirm that the interest was not listed separately and all you seen was a total, so for example £15,789 repayable at £400 per month for 60 months... or did it read as £15,000 loan with interest at 3.9% totalling £789, repayable at a total of £400 per month for 60 months..... - this is extremely important, so try and think back - I do not mean on the letter they sent you, I mean at the time the agreement was signed, i.e. at loan inception!

2. Have you ever requested a CCA or SAR? If so when, and have they sent an agreement in the past?

3. What is the balance of the debt?

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Thanks Mr Cool - I did read those, I'm just not sure what my defense is and it does warn you could end up with costs in doing so! What grounds would I have to defend in this case? What would be the point in doing so - getting the interest wiped and then having them accept my payment offer?

Also I guess if I'm going to defend, I need to send the CPR request off AND at the same time request more time from the court using the Ackowledgement of Service?

Hiya, you'd not have a costs award against you cos you're not taking action - all you're doing is requesting an extention. Regards to the grounds of defence, you don't know yet that is why you must do the cpr and CCA request asap - this tells the lender (or flm) that you're going to defend - but at the moment I asked you previous questions, answer those before doing anything.... we need to fact find before going ahead with anything....

You can make a payment proposal at any time, and cancel court action... failing that get a ccj and the judge will agree a better amount, sometimes it is better than what the dca asks for so it is a 50/50 - but right now we need to look at flaws, to allow a defence/strike-out. k

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Sorry (!) I am panicking somewhat.

1) It was a ridiculous loan for £3,000 at something like 48% APR, total to be repaid again something stupid like £10,000 Original payment was £180, which I paid for a while and have made varying payments since, from £50 to now £130 so the total balance on my statements being £5380 recently has seemed right. Adding another 2k on top seems unbelieveable - maybe they're right though?

2) Never requested CCA or SAR with them as haven't needed to before.

3) Balance of the debt, was to my knowledge and statements £5380 last month.

many thanks!
p

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thanks SO much Niddy,so I guess this is what I need to do:

1) I need to respond to the court as I only have 13 days left. do I tick 1) "I intend to defend all of this claim" or 2) "I intend to defend part of this claim" ?

2) Request the CPR request (which I guess is in place of a SAR, but free, no mention of the £10 fee?)

3) Down to me to make sure I send the rest of the forms back with defence within a 28 day period starting from yesterday?

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

when did you take this loan out and can you remember from the original agreement that you signed, whether it clearly outlined the interest being separate to the loan amount? Think back or see if you kept a copy of the agreement.....

As for second post:

• 1. You should defend all the claim
  
  2. Request CPR31-18 - click for the template - there is no fee for this request as it is a civil procedure rule to disclose documents prior to action, you use that - not a SAR request.
  
  3. Yes, but you should get a response from the claimant when you submit the forms above - send in one envelope SPECIAL DELIVERY so it gets to them on Friday if you send tomorrow.....

* This CPR31-18 request also covers the CCA element - in that if they have an agreement they should send it. It also covers all interest charged so you can counterclaim that, in that you'll get a copy of all statements and interest charged to the account - if they retain that info then you'll use that as part of your strike-out defence. It will make sense later when you get the documents back - then i'll explain your defence.... see, simples

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thank you thank you thank you!


Just so I get this right - do I post both the CPR request AND the ackowledgement of service back to the same address given in the court papers?

Also do I have to keep making my payments to FLM in the meantime while waiting for this CCJ thing to sort itself out? Could do with buying some clothes and a new pair of shoes (lots of holes and my sewing's crap)!!! So the little extra for a while would really help, even if it's only one month of not paying..

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

The CPR goes to the claimant and the Acknowledgement goes to the court!

I would continue to pay, yes - but if you need clothes for court, then use the funds from this months payment and explain in court that you had to do it! I'd not worry about that too much, worse case they will get a ccj and you'll be set an affordable amount by the judge.... sometimes it is better than the lender agreeing to a rate to repay which can be extortionate!

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Thanks Niddy - that's what I originally thought then got myself in a muddle!

Will post back when I hear back from FLM I guess - thanks again for your help.

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Thanks Niddy - that's what I originally thought then got myself in a muddle!

Will post back when I hear back from FLM I guess - thanks again for your help.

Hiya, any update from FLM in the last week or all quiet.....

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Hi Niddy,

No all's quiet on the FLM front. I used a courier through work (cost was same as special delivery and didn't have to hop down the post office, I'm lazy!), got proof of delivery from Monday 18th Oct from the court and FLM..

I guess I should be hearing from them soon..

Thanks,
p

[Never-In-Doubt]

Re: HELP please, received CCJ forms in the post

Clever move using the work courier - no excuse to fail delivery lol. I like

Yep, you'll hear soon enough..... GULP! y

[1245pebbles]

Re: HELP please, received CCJ forms in the post

Argh, back tp panicking big time again.

I just rang the court to better understand the timing, and even having filed the acknowledgement of service means I have to reply with the defence before 2nd November - that can't be right?

I only got served on 13th October! They take it as 14 days from receipt of the AoS.

Plus I haven't heard back from FLM yet so no way can I respond in time. They advised me to write to request a further extenstion, but I have no clue what timeframe to request - any thoughts?

I had asusmed we were all talking about a 28 day timeframe from the date of receipt, i.e. 13th October.

What a croc this whole system is, it's practically impossible to navigate on your own!

Thanks Niddy.
p