CC debt already got CCJ.. 3 letter process?

by richardlewis Mon Aug 14, 2017 10:35 am

Hello

I have been ignoring all and everything from debt collector and solicitor and court... stupid i know

Now i have a CCJ to pay back £50 per month and solicitor is requesting earnings attachment. Is it too late to do the 3 letter process? none of the above have heard a word from me about any of this yet.

Thanks in advance

by Tiggy Mon Aug 14, 2017 2:21 pm

Way too late for the 3 letters now they have an order of Court against you. You could apply for a set aside, that costs £255 or free if on benefits or low income, but you'd have to explain why you didn't respond to the original court documents and submit a defence against the claim.

by richardlewis Mon Aug 14, 2017 2:42 pm

Ok thank you I am very new to this. Can you tell me how I could defend the claim? They haven't provided proof of debt agreement yet so maybe they don't have it?

by Tiggy Mon Aug 14, 2017 3:07 pm

That's basically, your defence. What's the original debt for?

by richardlewis Mon Aug 14, 2017 3:26 pm

It is credit card debt. Also both the debt collectors and the court have been calling me by my former name as they haven't noticed I got married apparently. Does that affect anything?
Thanks so much for your help

by Tiggy Mon Aug 14, 2017 3:38 pm

No, it makes no difference. Did you ask them for proof of debt, specifically did you ask for a copy of the agreement under Section 78.1 of the Consumer Credit Act and have they ever provided a copy of the agreement?

Also, why didn't you respond to the Court documents when you received them?

by richardlewis Mon Aug 14, 2017 3:59 pm

I had other issues to deal with and buried my head in the sand...

Well I think my priority is not for it to go to my employer. I'd rather start paying an amount every month, but I'd still like to ask them for proof of the debt.

So i'm wondering whether I should ring the collector, or wait for the court to send me the form?

Many thanks

by Tiggy Mon Aug 14, 2017 4:23 pm

Never a good idea to ignore Court documents, far easier to defend then attempt to unravel a CCJ.

They are now not obliged to send you anything in the form of proof, the time to have challenged the debt was when you received the Court documents. The Court will not send you anything further unless you fail to pay what's you've been ordered to pay, then the claimant can enforce the order through an attachment of earnings.

So, two choices I'm afraid, either apply to set aside and get them to provide proof of claim or start paying.

by richardlewis Mon Aug 14, 2017 4:46 pm

Ok I think I will make payments. Is there any tips for getting them to lower the monthly amount or writing off some of the total amount?

Thanks a lot for all your help

by Tiggy Mon Aug 14, 2017 4:54 pm

Unless you can offer them a lump sum, then I doubt they'd be willing to lower the amount you've been ordered to pay, after all why would they.

You can either offer them a lower amount direct or apply through the Courts (using form N245) to vary the order. Costs £50 or again free if on benefits or low income.

by Whymeok Wed Aug 16, 2017 12:30 pm

I question then, ccj I set aside in court is,I cancel offer contract in time and used clause on new offer said contract. Yet Lowell never had papers on new offer contract, in hearing judge night mare I'm disabled on my own , I found out Lowell used local agent not Thier in house lawyer.
A court order said ccj granted on conditions, yet dates administration team got date wrong never got this order till after date claim.as date on order too different and post mark, impossible to respond by said data,now how do I proceed?

by Tiggy Wed Aug 16, 2017 1:51 pm

Whymeok wrote:I question then, ccj I set aside in court is,I cancel offer contract in time and used clause on new offer said contract. Yet Lowell never had papers on new offer contract, in hearing judge night mare I'm disabled on my own , I found out Lowell used local agent not Thier in house lawyer.
A court order said ccj granted on conditions, yet dates administration team got date wrong never got this order till after date claim.as date on order too different and post mark, impossible to respond by said data,now how do I proceed?

Bit confused by this, they obtained a CCJ which you attempted to have set aside, but the set aside application was refused, so the CCJ still stands, is that right?

by Whymeok Wed Aug 16, 2017 2:08 pm

Court judge set aside ccj on incorrect dated order, I read enter again copies my defense papers, by 5.7.2017, but,I never got order this condition on it,till 17.7.2017, so court administration side of a computer put top of order data after the 5.7.2017.too.
So..I'm been trying to get advice via cab local to me waiting list ,, still, I tried to seek advice via community welfare advice law service debt male manger couldn't not help, either,.
So that's my question,is ccj upheld or not, he called debt company,which I found out on 28.7.2017 Lowell used an agent , in court not sure whom,as they got my full defence ground for setting aside ccj, too.

by Tiggy Wed Aug 16, 2017 2:27 pm

Whymeok wrote:Court judge set aside ccj on incorrect dated order, I read enter again copies my defense papers, by 5.7.2017, but,I never got order this condition on it,till 17.7.2017, so court administration side of a computer put top of order data after the 5.7.2017.too.
So..I'm been trying to get advice via cab local to me waiting list ,, still, I tried to seek advice via community welfare advice law service debt male manger couldn't not help, either,.
So that's my question,is ccj upheld or not, he called debt company,which I found out on 28.7.2017 Lowell used an agent , in court not sure whom,as they got my full defence ground for setting aside ccj, too.

If the set aside hearing date has passed and you didn't attend then the CCJ stands.

If there as an administrative cock up from the Court which meant you couldn't attend then you need to make a formal complaint, in writing, to the Court Manager

gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

Copy and paste the above into your browser to get the complaints procedure"

by Whymeok Wed Aug 16, 2017 2:56 pm

Thanks I did attend hearing 14.6.2017 ok what about the ccj in mean while ,is it discharge or what court manger,ok thanks

by Tiggy Wed Aug 16, 2017 3:13 pm

So did you obtain a set aside and then were asked to submit a defence, but didn't receive the order until after the date had passed, is that it?

If that's the case, the CCJ has for the moment gone BUT you need to submit a defence ASAP and explain why you didn't submit it within the timeframe they'd ordered you to.

by Whymeok Wed Aug 16, 2017 3:42 pm

Yes, to Frist question but,I did provide full written defence papers plus Lowell agent was given a set paper work too.

Ok ,then I need to re present my Same defence paper,is that right? Thanks for your advice

by Tiggy Wed Aug 16, 2017 4:05 pm

Whymeok wrote:Yes, to Frist question but,I did provide full written defence papers plus Lowell agent was given a set paper work too.

Ok ,then I need to re present my Same defence paper,is that right? Thanks for your advice

yes you need to resubmit your defence, after a set aside hearing they allow it to be amended in case there's anything to add after the hearing. Just put in a cover letter saying why it's late.

by Whymeok Wed Aug 16, 2017 4:11 pm

Ok thank you so very much,,, last question,if you do not mind

Is the ccj at present then. Set aside,,then if so is Thier time scale I need you to keep by, ?

by Tiggy Wed Aug 16, 2017 6:21 pm

Whymeok wrote:Ok thank you so very much,,, last question,if you do not mind

Is the ccj at present then. Set aside,,then if so is Thier time scale I need you to keep by, ?

No, the CCJ is no longer there if the Judge agreed to it being set aside.

Submit your defence and then wait to see what you get next from the Court. The next letter may be a further order, so make sure you keep to any dates. If you're not sure about anything bob back and we'll see if we can help xx

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