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Hi all,
Hoping for a little advice as other forums have given me some info but my case seems a little strange.
I'll try to be as clear as I can but it is a mess of a story starting, as usual with me being young and borrowing money like it was going out of fashion.
Anyway back in 2007 I took out a £5k loan with WF through i think YES loans broker. Only got £2.5k, got into trouble and stopped paying/ buried my head in the sand. Durng that time I was juggling a 5k credit card, 5k loan with A&L and numerous smaller CCs and PDLs. (all were paid off a few years back except for WF who would not offer a reduced settlement figure.
I missed many payments over the period and in Jun 2009 I was sent a Notice of application for attachment of earnings order form N55 and and form for replying to NAOE form N56.
It is worth noting I had no idea this meant I had already been CCJ'd... I thought it was kind of a "pay us now or we take you to court and steal your wages" thing to make me pay.
As far as I can remember I called the DCA named on the form Irvin and mitchell and set up £90 a month payments. The amount due was £5,646.52 (no idea how its that high, but anyway...)
Paid them for a long time, until I heard WF was bust at some point and thought I'd 'put away' what i would have paid and see what happens. Of course I heard nothing and spent the money and then got hit with a letter on 21/12/11 i got a letter which it turns out was a notcie of change of solicitors which said frm Legal Recoveries and Collections ltd. naming themselves and sharp young and pearce to take over control.
But the scary paragraph was
"as you are aware our client obtained Judgment against you on 21/12/11 and the current outstanding balance is £1,704.05 ***had PPI removed previously*** Our records indicate laast payment on the account was 105.75 on 04/04/11. /bold/Effective immediately stop all payments to irvin and mitchell/bold/
...You need to contact us and set up a mutually acceptable payment arrangement to discharge the security the client holds against your property, wich will remain in place until such time as it has been paid in full."
To note the loan was unsecured and I dont own a house or anything, just a car which they could not know about.
I spoke to some people over on another forum and they told me I must have had a CCJ for the N55 form etc. But as far as Im aware I received no default notice from WF and definately recieved no summons/claim for etc.
Started paying them £85 a month until middle of 2012 when we had to move from my parents house very quickly due to a falling out between my mum and my wife (which was awesome :P)
I contacted LRC through their contact form tellin them I would pay only £20 as new rent was nearly double plus all the bills etc. but that I may be able to increase payments in future. They replied on 21/09/12 accepting and asking for renogiation in april. "cool!"
... except i changed my bank in december and they didnt swap over my SO, just the direct debits and as it was only £20 I didnt notice and missed 3 payments. They did not contact me at all even though they had address, email and mobile. If they called and i didnt answer (work nights) they never left a message.
Friday I get a letter and its is an Attachment of Earnings Order form N60 telling me they will garnish £90 a month from my salary and have contacted my employer. To be taken every month until full balance of, wait for it £5646.52 !!! is paid.
So I am obviousl furious! I am a Casino worker and licensed and could lose my license, plus it doesnt look good a five grand bill landing on my bosses desk when my job involves such trust. I am also very close to getting a maangement position which require more trust and a different license with a more in depth look at credit history.
so i went to work on saturday (with a mind to steal the post if im honest) and saw Admin guy he said he hadnt recieved anything/ might have gone to head office/ would contact ceridian (payroll company) and get them to stop it if possible till sorted.
So really I dont know what to do. When I signed the lease on the house im renting in Aug 12 I check all 3 CRAs and none showed a CCJ. Also when I recieved the letter on 21/12/11 and posted on a forum I check trustonline and it showed nothing, but i called northampton bulk and they confirmed it.
Now I just dont know what to do. I was advised elsewhere to "get it set aside and they ddint follow correct procedure" but I HAVE not got the money to pay the fee. So Im buggered ad I need to do something today I guess? Although it only mentions a time limit of 14 days to object the rate of payment (??) but doesnt really give me any options of what to do. Spoke to debt people CCCS who put me onto legal aid helpline but i dont qualify.
Sent a SAR off to welcome yesterday to try and find ut whats happened here...
So I have written a letter which I will drop into the court saying I dispute the order and would like time to gather evidence to apply for a set aside as basically, I didnt know I had a CCJ, if I do it wasnt served correctly. I never was told I was getting taken to court back in 09, just that I had lost. I therefore had no opportunity to defend the claim and i didnt understand it properly.
Also that the amounts stated in the latest order is massively too high/ the same figure as before (balance now will be around £920) and it has put my emplyment in jeopardy.(a order for £900 that i can show my boss i have paid off from ~6k and missed payments due to error is one thing, but 5k is gonna give him some concerns about my financial stability. Also through not being served properly I have not known I had a CCJ and have consequently lied on my application for a gaming license (personal function license) could lose my license and will almost certainly be turned down should I apply for a Personal Managers License.
But I have no idea really what I have to do now... Can i ask in the court today for copies of all paperwork they have on me? do I need to apply for set aside now? am i wasting my time and should let them take £90 a month? why does no CCJ show up?(it may do now, for some reason I cant get into noddle and i dont have the money to renew my membership with any of other 3 for credit report until thu... is the letter ok? obv it is written more formally, can upload or pm if anyone wants to see, have pics of the orders too shown below
if anyone has any advice I am all ears and eternally grateful, because this stuff really isnt my forte and finding out what to do hs proved very difficult
Sorry it was such a tl;dr, thanks for taking time to read
-Andy
Hoping for a little advice as other forums have given me some info but my case seems a little strange.
I'll try to be as clear as I can but it is a mess of a story starting, as usual with me being young and borrowing money like it was going out of fashion.
Anyway back in 2007 I took out a £5k loan with WF through i think YES loans broker. Only got £2.5k, got into trouble and stopped paying/ buried my head in the sand. Durng that time I was juggling a 5k credit card, 5k loan with A&L and numerous smaller CCs and PDLs. (all were paid off a few years back except for WF who would not offer a reduced settlement figure.
I missed many payments over the period and in Jun 2009 I was sent a Notice of application for attachment of earnings order form N55 and and form for replying to NAOE form N56.
It is worth noting I had no idea this meant I had already been CCJ'd... I thought it was kind of a "pay us now or we take you to court and steal your wages" thing to make me pay.
As far as I can remember I called the DCA named on the form Irvin and mitchell and set up £90 a month payments. The amount due was £5,646.52 (no idea how its that high, but anyway...)
Paid them for a long time, until I heard WF was bust at some point and thought I'd 'put away' what i would have paid and see what happens. Of course I heard nothing and spent the money and then got hit with a letter on 21/12/11 i got a letter which it turns out was a notcie of change of solicitors which said frm Legal Recoveries and Collections ltd. naming themselves and sharp young and pearce to take over control.
But the scary paragraph was
"as you are aware our client obtained Judgment against you on 21/12/11 and the current outstanding balance is £1,704.05 ***had PPI removed previously*** Our records indicate laast payment on the account was 105.75 on 04/04/11. /bold/Effective immediately stop all payments to irvin and mitchell/bold/
...You need to contact us and set up a mutually acceptable payment arrangement to discharge the security the client holds against your property, wich will remain in place until such time as it has been paid in full."
To note the loan was unsecured and I dont own a house or anything, just a car which they could not know about.
I spoke to some people over on another forum and they told me I must have had a CCJ for the N55 form etc. But as far as Im aware I received no default notice from WF and definately recieved no summons/claim for etc.
Started paying them £85 a month until middle of 2012 when we had to move from my parents house very quickly due to a falling out between my mum and my wife (which was awesome :P)
I contacted LRC through their contact form tellin them I would pay only £20 as new rent was nearly double plus all the bills etc. but that I may be able to increase payments in future. They replied on 21/09/12 accepting and asking for renogiation in april. "cool!"
... except i changed my bank in december and they didnt swap over my SO, just the direct debits and as it was only £20 I didnt notice and missed 3 payments. They did not contact me at all even though they had address, email and mobile. If they called and i didnt answer (work nights) they never left a message.
Friday I get a letter and its is an Attachment of Earnings Order form N60 telling me they will garnish £90 a month from my salary and have contacted my employer. To be taken every month until full balance of, wait for it £5646.52 !!! is paid.
So I am obviousl furious! I am a Casino worker and licensed and could lose my license, plus it doesnt look good a five grand bill landing on my bosses desk when my job involves such trust. I am also very close to getting a maangement position which require more trust and a different license with a more in depth look at credit history.
so i went to work on saturday (with a mind to steal the post if im honest) and saw Admin guy he said he hadnt recieved anything/ might have gone to head office/ would contact ceridian (payroll company) and get them to stop it if possible till sorted.
So really I dont know what to do. When I signed the lease on the house im renting in Aug 12 I check all 3 CRAs and none showed a CCJ. Also when I recieved the letter on 21/12/11 and posted on a forum I check trustonline and it showed nothing, but i called northampton bulk and they confirmed it.
Now I just dont know what to do. I was advised elsewhere to "get it set aside and they ddint follow correct procedure" but I HAVE not got the money to pay the fee. So Im buggered ad I need to do something today I guess? Although it only mentions a time limit of 14 days to object the rate of payment (??) but doesnt really give me any options of what to do. Spoke to debt people CCCS who put me onto legal aid helpline but i dont qualify.
Sent a SAR off to welcome yesterday to try and find ut whats happened here...
So I have written a letter which I will drop into the court saying I dispute the order and would like time to gather evidence to apply for a set aside as basically, I didnt know I had a CCJ, if I do it wasnt served correctly. I never was told I was getting taken to court back in 09, just that I had lost. I therefore had no opportunity to defend the claim and i didnt understand it properly.
Also that the amounts stated in the latest order is massively too high/ the same figure as before (balance now will be around £920) and it has put my emplyment in jeopardy.(a order for £900 that i can show my boss i have paid off from ~6k and missed payments due to error is one thing, but 5k is gonna give him some concerns about my financial stability. Also through not being served properly I have not known I had a CCJ and have consequently lied on my application for a gaming license (personal function license) could lose my license and will almost certainly be turned down should I apply for a Personal Managers License.
But I have no idea really what I have to do now... Can i ask in the court today for copies of all paperwork they have on me? do I need to apply for set aside now? am i wasting my time and should let them take £90 a month? why does no CCJ show up?(it may do now, for some reason I cant get into noddle and i dont have the money to renew my membership with any of other 3 for credit report until thu... is the letter ok? obv it is written more formally, can upload or pm if anyone wants to see, have pics of the orders too shown below
if anyone has any advice I am all ears and eternally grateful, because this stuff really isnt my forte and finding out what to do hs proved very difficult
Sorry it was such a tl;dr, thanks for taking time to read
-Andy
)
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