New and confused

[samsmum]

Re: New and confused

Thank you so much for taking the time to read through my ramblings. Have to admit i'm worried but i think that's a lot to do with not knowing anything about this. We moved to this address nearly five years ago. I've checked and nothing was registered to our old address but not sure how reliable these things are. Need to find out from the court and then as you say we'll know what to do next (well you guys will and i'll be guided by you).
As you said i do feel like we've come a long way but i know this isn't a quick fix solution and we will come across lots of ups and downs such as this one. Still hopeful and positive and so thankful that i was guided to this site though. Really thought BR was our only solution and sometimes yeah we do think sod it let's just get it over with but those thoughts are soon gone once i come back on here....have to admit i'm a bit addicted to this site and learning all the time

Thank you again and have a very Happy New Year x

[Undercover Elsa]

Re: New and confused

LOL maybe we should change the name to Addicted to Alleviating Debt

It is a unique site... very personal and dedicated..no one gets missed or forgotten so you know you can come here anytime with the slightest worry and someone will be here to help you.

[samsmum]

Re: New and confused

Oh Happy *******New Year.

Letter from Lowells re Cap One. Balance £123. Assessing info from CRA and will be sending acc to an agent who will discuss payment face to face..erm maybe not,court action or a process server who will serve me with a petition for insolvency...

Last chance to pay before account is escalated. Again, to demonstrate how flexible they are willing to be i can pay £15 per month..50p a day. Why do they always give me a little maths lesson with their offers?? Offered 20% on this a while back but they refused

[garlok]

Re: New and confused

For £123?? they are a real joke.

regards
Garlok

[Undercover Elsa]

Re: New and confused

Threatening Bankruptcy for a debt of £123??? What planet are they on???

[PlanB]

Re: New and confused

Looking at the CCJ issue, when was your last change of address?
Could they have issued it to a former address and got a CCJ by default? (They have been known to do this deliberately if they know former addresses!)
I wonder whether it's possible that it's been done directly via the dmc without you being informed? Shouldn't happen, but the two main dmp's do advise people to admit claims without even checking paperwork. If there IS a CCJ, then your OH can apply to have it set aside using form N244.

A couple of questions which may help Samsmum:

(a) if Northampton Court papers get sent back "Returned to Sender" does the court halt the proceedings? They told me the reason they don't send them Recorded Delivery is because no one would sign for them. Would they ignore a returned envelope and keep going, or inform the Claimant and refuse any request for a summary judgement? If you've moved house this would stop wicked DCAs issuing claims to known old address.

(b) who registers the CCJ on the CRAs? Is it the Court or the Creditor/Claimant? Hopefully not the creditor who could register bogus CCJs and then subsequently claim an admin error if caught.

[Undercover Elsa]

Re: New and confused

Remind us what the CCA status is with this one Samsmum...

[PlanB]

Re: New and confused

Threatening Bankruptcy for a debt of £123??? What planet are they on???

You can't petition for bankruptcy for a debt less than £750

In fact Mr Cameron is seeking to raise this threshold to £2k in the near future to stop BR being used as a weapon.

[samsmum]

Re: New and confused

HSBC LOAN
09/2001
£5600
04/2003
Not paying
Default 08/2004
Payments to Metropolitan
14/10/2011.. Letter fromLewis Group acting for CL finance. Says no payment received sinc 22nd June and to contact them.
14/10/2011..CCA Request sent
09/12/2011..letter received saying they cannot accept my monthly payment offer without I&E evidence. Haven't made an offer
12/12/2011..CCA Reminder-Unenforceability Threat letter sent
3o/12/2011..letter saying they acknowledge receipt of CCA request but are agents not creditor(CL Finance).Agreement was terminated prior to court proceedings and entry of a ccj on 5/10/2009 therefore effect of section 78 is no longer applicable and judgement can be enforced if payments not made in accordance with judgement. Send proposals for payment. First we've heard of this and was on a dmp with cccs at the time

This is it so far Shepherdess.

[Undercover Elsa]

Re: New and confused

Right, I'm up to speed now!

Ok, IF (BIG IF) there is a CCJ, then we apply for a setaside, once that's done THEN the CCA request kicks in again. When you ring the court, if they say there is one, ask them if they will send you a copy of the claim form and judgement, as you have never received either. There might be a small fee for this..they'll tell you what to do.

If there's no CCJ on record then we write back to Lewis and

You can't petition for bankruptcy for a debt less than £750

Precisely !
Re your questions, PlanB..good ones!
Niddy's the CRA expert, but I have a feeling that The Registry Trust, who hold the Register of Judgments, Orders and Fines, send it automatically to the CRA's.
This link may help: http://www.trustonline.org.uk/unders...d-the-register

With regard to Return to Sender:
According to Practice Direction Part 6 - Service of Documents:
Notification of outcome of postal service by the court

6.18

(1) Where –
(a) the court serves the claim form by post; and

(b) the claim form is returned to the court,

the court will send notification to the claimant that the claim form has been returned.

(2) The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10


(The relevant rule for an individual being "the usual or last known address" )

[oldyboy]

Re: New and confused

Oh Happy *******New Year.

Letter from Lowells re Cap One. Balance £123. Assessing info from CRA and will be sending acc to an agent who will discuss payment face to face..erm maybe not,court action or a process server who will serve me with a petition for insolvency...

Last chance to pay before account is escalated. Again, to demonstrate how flexible they are willing to be i can pay £15 per month..50p a day. Why do they always give me a little maths lesson with their offers?? Offered 20% on this a while back but they refused

That's a real joke as Garlok says, Samsmum. It strikes me as one of their template letters where they just put in your details and the amount outstanding. Is this UE? In any case keep hold of this as it breaks OFT debt collection guidance, as it threatens you with something they can't legally do. Muppets.

Also regards the 'CCJ' if it isn't on the CRF it very probably doesn't exist. Just relax until Tuesday when you can call the court. Once again if confirmed not to exist that's another OFT breach.

[samsmum]

Re: New and confused

Thanks again. We'll get on to it as soon as they re-open. Also the letter that came yesterday is just in Hubbys name but it's a joint loan. Are ccj's done seperately? Sorry for all the questions

[Undercover Elsa]

Re: New and confused

They can be done jointly, or seperately to both, or just to one of the joint lenders.

[samsmum]

Re: New and confused

That's a real joke as Garlok says, Samsmum. It strikes me as one of their template letters where they just put in your details and the amount outstanding. Is this UE? In any case keep hold of this as it breaks OFT debt collection guidance, as it threatens you with something they can't legally do. Muppets.

Also regards the 'CCJ' if it isn't on the CRF it very probably doesn't exist. Just relax until Tuesday when you can call the court. Once again if confirmed not to exist that's another OFT breach.

Thought it was probably just a standard letter. We'll probably pay this in the new year just to get id of them. Not the full amount hopefully but be glad to get it out of the way. We've never checked if this one's UE.

Hopefully you're right about the CCJ.

Thank you

[samsmum]

Re: New and confused

They can be done jointly, or seperately to both, or just to one of the joint lenders.

That covers it all then!!

Thanks again. Roll on Tuesday