Urgent help - ccj claim

**Amethyst** · 7th July 2016, 17:20:PM

Re: Urgent help - ccj claim

Hi Leah, Welcome to the forum

First job is to get both of those claims acknowledged - with intent to defend in full - which buys you time to deal with things. You can do this online at moneyclaim online - have a look here for info First Steps although there should be instructions and a MCOL password on the front bottom right of each of the claim forms.

This will give you 33 days from the date of issue printed on the claim form.

If you do that first, it will give you some breathing space, let me know and we can look at the claims in a bit more detail and what to do for each of those, and possibly anything you can do to sort out that loan xxx

And please no tears - there is very little they could actually do to you, seriously xxxx

Sharon
xxx

**Leahroberts1986** · 7th July 2016, 17:29:PM

Re: Urgent help - ccj claim

Thank you so much for your quick reply. If I extend it to defend can I still find the money from family to pay if I need to and not get a ccj?

Also the loan thing ... I think I may have thrown a single letter away without opening about 2 weeks ago that looked the same. The loan is sat with hoist on my clearscore record so I think this may have been a claim. Can the court tell me if there is a third. When I phoned earlier it said they had no search facility. Xx

**Amethyst** · 7th July 2016, 17:44:PM

Re: Urgent help - ccj claim

So lets look at the credit card claim first - that's most straightforward...

Now for them to get anywhere with the claim they will need to send you some documentation to evidence that they own the debt and that you owe it.

First step: - CCA Request - you will need to get a £1 postal order from the post office and send this to Hoist ( the claimant )
Next: - CPR 31.14 Request - if you read the particulars of claim on the claim form it will likely mention they have sent you a default notice, notice of assignment and refer to a contract or agreement - if so you can ask for all three ( that will make sense when you read the template letter - if it doesn't shout)

As it is from 2010 it is likely they will have the documents, but sometimes they simply don't bother getting them for relatively low value claims. Once you have replies ( or not) you can decide whether there is anything to defend the claim on. Throughout the process there is always opportunity to negotiate a settlement - usually they will accept either a full and final settlement ( of course not many people can afford that even at 50% of the debt) - but they would also accept a installment payment offer over a period that makes it affordable for you based on your income and expenditure. If you negotiate settlement then you can ask them to halt the court proceedings and submit a consent order so you don't have a CCJ unless you default the payments. But that's a way off yet first we have to see what documents they have.

The Overdraft is slightly different as the CCA letter doesn't apply, however they do still need to have provided you with certain documents when you opened your account. So first step is to send the CPR 31.14 Request as with the credit card claim.

Now on the Loan - have you had any letters from Lloyds, Hoist or other DCA's about that ? Do you know when you started the loan, and when you defaulted ? How much it was for originally ? I think first step is to find out what it's current position is. It might be worth signing up with Noddle and check your credit file ( always slightly depressing ) and see what it says about that loan on there.

**Amethyst** · 7th July 2016, 17:49:PM

Re: Urgent help - ccj claim

Originally posted by Leahroberts1986 View Post

Thank you so much for your quick reply. If I extend it to defend can I still find the money from family to pay if I need to and not get a ccj?

Yes ( as explained in my last post which crossed with yours ) Of course you can just pay the full amount and it will just go away, but may as well make them do SOME work for their money - remember they probably only paid 20% odd for the debt when they bought it from Lloyds.

Also the loan thing ... I think I may have thrown a single letter away without opening about 2 weeks ago that looked the same. The loan is sat with hoist on my clearscore record so I think this may have been a claim. Can the court tell me if there is a third. When I phoned earlier it said they had no search facility. Xx

The court are rubbish ( you'll find that throughout these claims ). You have checked credit record so know it is with Hoist, so it might be worth giving their solicitors a ring and asking them about the claims and whether they have sent you two or three in the last few weeks. Explain you have received two claims but are concerned there might be a third, and you are currently working through your records and preparing your defences, could they send you a copy of the claim or give you the claim number please so you can ask the court for a copy. Don't get into discussions about settlement or anything though. Or if that thought terrifies you you could email the solicitors ( or are Hoist bringing the claim themselves? )

**Leahroberts1986** · 7th July 2016, 18:00:PM

Re: Urgent help - ccj claim

Thank you I will get on to the cc and overdraft. With the over draft do I send that to both the claimant and solicitor?

Solicitor is Howard Cohen and co. My worry is that I may have missed it by the 14 day and it will default judgment. Obviously I am reading in to worse case senario.

Loan wise yes I probably have had letters but again buried my head. Taken out around 2008 for 3000. Extended to 5 around 2010. Defaulted again sometime in 2012. I will check these date's on my experian once I can see through tears haha.

Thank you so much for this xx

**Amethyst** · 7th July 2016, 18:11:PM

Re: Urgent help - ccj claim

If you have missed the 14 day deadline and have a default judgment then you can apply to set it aside as you didn't receive the papers. There's things can be done so it won't be the end of the world if that is what's happened.

Just open your post from now on and let us know anything you get xx

On the overdraft - no just send the CPR 31.14 request to Howard Cohen. ( actually towards the end of the template there is a paragraph will need deleting about having sent a CCA request - if you're unsure at all just post your drafts up here before sending)

On the credit card - the CCA request goes to Hoist, the CPR 31.14 request goes to Howard Cohen.

If everything defaulted 2012 then we don't have any arguments on statute barring so no need to worry about that too much.

Do you know if you had any PPI on that loan ?

We have all buried our heads at some point so really don't beat yourself up about it xxxx We'll try help you all the way through

**Leahroberts1986** · 7th July 2016, 18:25:PM

Re: Urgent help - ccj claim

Thank you so much. I feel so awful about it all. I have a newborn baby and this rearing up has let her and my new partner (who I am too scared to tell at the moment) so much.

I can't find an email address for the solicitor and at the moment am in no state to call them.

I will get on all this tomorrow straight away.

Thank you x

**Amethyst** · 7th July 2016, 18:40:PM

Re: Urgent help - ccj claim

Try not to lose sleep and put you and baby first. Your partner will see something is up and it really is best just to be open about it - it is always good to have some support, and you need that, especially with a new baby. It happens to us all, honestly, I've been there and its sh*tty but it isn't the end of the world and everything is sortoutable okay xxxxx

note for [MENTION=55034]nemesis45[/MENTION] - can you find an email addy for Howard Cohen sols?

**Leahroberts1986** · 7th July 2016, 18:53:PM

Re: Urgent help - ccj claim

Thank you. Talking to you really has helped in a very dark moment. I stupidly thought I was in the clear after 4 years.

Thanks again

**nemesis45** · 7th July 2016, 19:10:PM

Re: Urgent help - ccj claim

Originally posted by Amethyst View Post

Try not to lose sleep and put you and baby first. Your partner will see something is up and it really is best just to be open about it - it is always good to have some support, and you need that, especially with a new baby. It happens to us all, honestly, I've been there and its sh*tty but it isn't the end of the world and everything is sortoutable okay xxxxx

note for @nemesis45 - can you find an email addy for Howard Cohen sols?

[MENTION=6]Amethyst[/MENTION] Hi we've looked for Cohens e-mail before they don't accept service electronically it seems, as one of my ex colleagues to check and she can't find anything either there's certainly nothing on correspondence even between other law firms.

nem

**Leahroberts1986** · 7th July 2016, 19:14:PM

Re: Urgent help - ccj claim

Thank you for checking for me. If I phone them tomorrow how harassing and hard are they likely to be? I really am in a bad place and worried I will say something that will screw me over.

Can I still make a payment plan after a default judgment to stop baliff's etc? I'm so sorry for all the questions.

**nemesis45** · 7th July 2016, 19:14:PM

Re: Urgent help - ccj claim

Addition to the above just checked there's no e-mail on their barrister div, either.

(Edits not working again)

nem

**nemesis45** · 7th July 2016, 19:20:PM

Re: Urgent help - ccj claim

Originally posted by Leahroberts1986 View Post

Thank you for checking for me. If I phone them tomorrow how harassing and hard are they likely to be? I really am in a bad place and worried I will say something that will screw me over.

Can I still make a payment plan after a default judgment to stop baliff's etc? I'm so sorry for all the questions.

Hello Leah,

Not an easy mob to deal with personally I would not communicate by phone.

If you have a way of recording the conversation I would do so. Don't let some receptionist universal legal expert tell you what you can or cannot do ask to speak to a solicitor or a qualified legal excec.

nem

**Leahroberts1986** · 7th July 2016, 19:27:PM

Re: Urgent help - ccj claim

Thanks nem. If the letter I think may have been the third claim (the biggy) then I'm pretty sure it will be at default very soon anyway. So nothing I can really so now apart from wait and see.

Thanks again

Urgent help - ccj claim

Urgent help - ccj claim

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