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Help with Court Claim- FindMyClaims.com no longer regulated by FCA?

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  • Help with Court Claim- FindMyClaims.com no longer regulated by FCA?

    Hi all
    I need your help and advice.

    Slightly complicated one. I have a debt with a claims management- FindMyClaims.com who are now threatening legal and enforcement action following non payment of an invoice. I know on the face of it I should have paid the invoice in full and at the right time, but I used the money to pay for outstanding medical bills which I thought were more important at the time with a view to paying their invoice over a period of time. The invoice is now over 2 years old now.

    I'm finding they are particularly hard to deal with , especially as I have included them in my DMP and have been paying them set amounts each month based on my affordability budget. They never answer emails and will not accept an elevated payment plan. I now have a pending CCJ with them- the papers have been sent

    The last thing I need right now is enforcement proceedings to commence - which I think will happen next as based what I know they are unlikely to accept the courts payment arrangement and can/will still go for enforcement.
    I have been alerted that they are no longer regulated by the FCA and on the Financial Services register they are noted as a firm that can no longer provide regulated products and services, but was previously authorised by the PRA and/or FCA.
    My question is can they now persue me for the outstanding monies owed and although I am willing to pay in instalments can they still use enforcement by any means?

    Thank you for all your assistance with this
    Peter
    Tags: None

  • #2
    When you say a pending ccj what do you mean ? When was the claim issued and have you responded to it at all ?

    Is the invoice commission for a successful ppi claim ? 20% plus vat ?

    Yes they are no longer authorised nor accepting new business but the company is still active at companies house and they were correctly authorised at the time of your claim.

    You are paying via a dmp at an affordable rate - it's unlikely if you did offer the same through court they would actually end up with any more, but you would have a ccj against you on your credit file for 6 years, which I'm sure you'd rather avoid ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Hi
      Thank you for your reply
      The claim forms have just gone back. I am not disputing I owe the debt but I am expecting this to end in a ccj.
      It's for commission on a claim I won for ppi.
      The ccj I can prob handle but I really need to know how I if possible can stop any enforcement action.
      Can they still carry out enforcement action if the court puts a repayment plan in place and I meet all payments?

      Thank you

      Comment


      • #4
        What have you said in the forms that you have returned? Have you just made an admission and offer to pay ? Completed your Income and Expenditure form? Sent it back to the claimant AND the court ? If your IE sheets show you can afford the same amount you have already been paying you should end up with an order to pay that amount each month. You will have a CCJ against you, but if you pay the amount ordered each month then no further action can take place - they can only enforce if they apply to court saying you have failed to make the ordered payments ( which of course you will then disprove by providing evidence that you have made the payments )

        Can they still carry out enforcement action if the court puts a repayment plan in place and I meet all payments?

        They COULD apply for a charging order to secure the judgment debt ( how much is it?) whilst you make payments, but they couldn't do any attachment of earnings / enforcement agents etc.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Ok thank you for the reassurance. It really was the enforcement bit I was worried about the bailiffs coming round but if they cannot legally do that that reassures me as that would devastate my family .
          My preferred method would actually be the charging order to be honest as I can then side line it but i would still be making payments to it.
          The total debt is around £1800

          Comment


          • #6
            Also on this subject can I also ask about challenging the fees an interest they have added ?
            I agree with owing the original sum but I feel the charges and interest they have added are excessive.
            Any pitfalls in challenging these?

            Thanks for the ongoing help

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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