CCJ Appeals, is it worth it.

[Yeahyeahyeah]

Okay.
So I took out a loan with Avant credit back in Jan 2016. In Aug 2016 I unexpectedly had to change jobs which saw a significant reduction in salary (8k per year). We assumed our child tax credits and housing benefits would top up the missing income and be okay but alas those actually went down! I spoke to Avant who were not interested so I cancelled the auto card payment and emailed them instead about my financial difficulty. They accepted payments of £80 per month and I requested they send me details for me to make BACs payments or a standing order once per month. They replied that they would only allow me to do the auto card payments as if they needed to take "top up" payments they could. I wasn't willing to risk this so I emailed them back saying I would pay cash or cheque each month OR a standing order. I needed to know they weren't going to take more and leave us struggling. At this point the balance I owed them was around £2200.

Shortly after this time my mother was diagnosed with cancer so her care and well being took all my priority, she sadly passed away in August this year. (hence why I wasn't chasing these guys up etc.)

In late 2017 I started to get letters from Asset Collections for a sum of approx £4100. Initially the letters didn't say this was Avant so I did the usual CCA request etc.
They sent nothing in return and eventually asked me for 2 forms of ID to respond to my request.

In Apr 2018, I received a moneyclaim login as Asset were seemingly taking me to court.
I could NOT login to the system. I rang moneyclaim and then emailed them to tell them I could not log in. They told me that it was system generated and nothing they could do. I had to email them simply saying whether I intended to accept or defend the claim. As I had still not had any actual detail from them I defended the claim fully.

This is the interesting part if feel.....

I got a court date through for Sept at 11.30am and was told Asset or Avant would not attend.

I thought I would finally get some info from Asset or Avant to try and sort this out before court.

I didn't receive the information until 10 days before the hearing. (Not enough time I felt).

I had just had my mothers funeral and and had finally received the info I wanted at short notice, I requested to the court that the hearing be put back a couple of weeks, this was refused by the judge.

Assets witness statement stated that I had made no contact with Avant or Asset even though they had tried.

I took ALL of my emails and information to the hearing and arrived 15 minutes early.

I was told I was late as the hearing had taken place at 10.30am.

I showed them my hearing letter and waited an hour to see the judge in her chambers.

I explained everything above to the judge and explained I didn't understand why Asset and Avant had said about the contact when I had emails with me proving otherwise.
The judge said that that was irrelevant and would pass judgement in favour of the claimant. The judge said they couldn't ask Asset or Avant about the emails as they weren't present (and that my fault?).
The judge said I had buried my head in the sand and that now I would be paying just under £4500 in 14 days and have a CCJ to my name as well as £2000 in charges and fees from when I contacted Avant in the first place about financial difficulty.

If it is at all relevant I e-signed the credit agreement but then had an email through asking for 2 forms of ID. The funds were deposited the next day before I had a chance to send them?

Is there any point appealing the CCJ? The next step from the judge was that I was given an email and a phone number for someone at Asset and that I should liaise with them to sort payment out in the next 2 weeks.

Any and all help and advice gratefully received.

[Amethyst]

You should make a formal complaint to the court about the hearing time cock up. ( not appealing the case just a complaint about the hearing time - as if they don't get complaints they just do it to other people )

Do you have a copy of the hearing letter which says 11.30, and also did you submit your witness statement ? ( usually they are 14 days prior to the hearing - it sounds like Avant/Asset were late with theirs )

Were all their documents sound ?

[Yeahyeahyeah]

Something which was entirely my fault was that witness statement. All I put was that I defend the full claim and the claim should not be going ahead. (Mum was very ill at his point so I entirely rushed).

I mentioned the lateness of the documents coming through in the hearing and was told the date Asset said they sent them was late August so the judge questioned why I said I received them late. I had the hearing letter stating 11.30am with me and even the envelope Asset sent their statement to me in which is stamped the day before it was due to me, it did not arrive until 10 days before the hearing.

Assets witness statement stated in several points that I made no contact or effort to contact them which I classed as them being either incompetent or blatantly lying but the judge wouldn't look at the emails I had printed with me proving they were wrong.

To me, the judge had already made the decision an hour before, the whole hearing was 15 minutes and that included the judge giving me a 5 minute "judgement statement"

[Amethyst]

Probably because the matter of conduct before the claim was made was pretty much irrelevant to the ruling.

All Asset needed to do was evidence their claim and without anything to argue against that the judgment was going to be in their favour.

Did the witness statement include exhibits such as the credit agreement / default notice and the like ?

What you'll need to do now is contact Asset to sort out installment payments of the judgment amount, or, if you'd rather have it set by the court, apply for redetermination by completing form N245 and paying a £50 fee. I'd get either done before Asset go to any enforcement process like attachment of earnings or bailiffs.

[ploddertom]

What you'll need to do now is contact Asset to sort out installment payments of the judgment amount, or, if you'd rather have it set by the court, apply for redetermination by completing form N245 and paying a £50 fee. I'd get either done before Asset go to any enforcement process like attachment of earnings or bailiffs.

I'll second that although it is likely you would face the County Court Bailiff who is a much kinder person than some others. If on a low wage or certain Benefits you could qualify for fee remission see Form EX160 for more details https://www.gov.uk/government/public...-tribunal-fees