**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Don't know till you ask There's a costs risk if you go in on your own of course, even in small claims.

I'd prefer some input from M1 or PT regarding the agreement before we put together the defence either way. The case is weaker now they have supplied those documents but the agreement is from 1999 and there's no copy of the actual original.

Other options then...

If you wanted to negate any risks of costs you could try to negotiate a Tomlin Order with the Claimants but I think your circumstances are such that you couldn't make an high enough installment offer to be attractive to them, you'd use the flaws in their case to encourage them to accept.

Other wise you just go with an offer to pay over a defence backed up with your income and expenditure sheet so though you have a CCJ you have installments set at an affordable amount each month and they can't try any other enforcement.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Sorry I meant phoning paul ?

What do you think would be an attractive instalment ?
Oh oh god this is such a nightmare
?

Sorry more questions x

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Called paul waiting for a call back .. Fingers crossed am in
pieces over this

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Noooo, don't be in pieces, there's some bits there, although it isn't as strong as it was before they supplied those documents, and there is very little they can do to you even if the documents are compliant and they get the CCJ.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Oh amethyst you are so lovely ... I don't know what I would have done without you all in this. Your calm and professional assurance is a real gift !!

There is just so much going on at the moment it's all a bit much to deal with . I will wait for paul to call if he can , I know how busy he is !

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

You have done brilliantly so far, it's a bummer they have found some random terms which are from the right year, but its not the original agreement copy, and I very much doubt the default notice is true either as the dates don't add up. I'd just rather get a second opinion before we get writing on the defence. I know you're up against it time wise due to other factors so soon as we know which way we're going to take this we'll get on it.

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Paul was brilliant .. Straight talking, no nonsense ! He's looking at the papers which is very kind. Feeling so much better now.

Have a work trip next week now too ...it's a perfect storm grrrrr

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ps anyone reading this take action on the letter before action ... It saves so much heart ache !

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Phew. SO glad you feel better, sometimes it just takes a quick chat to set your mind at ease a little bit xxx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Yes ... You are amazing xoxo

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi Amethyst

I have sent you a PM. Hope you dont mind

LLL:tongue2:

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Okay - any thoughts on the defendable bits from Paul's end?

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi amethyst

defendable bits are :
the current terms appear to differ from the Default notice, the default states clause 2.2 ……. When one looks at clause 2.2 it appears inconsistent in the current terms with the Default notice.

non compliance with the orginAl s78 cca request ( am assuming that also means no signed agreement )

the fact that it was an affliated card and there is no mention of the name of the card or introductory offer rate which was from memory 0% which imply that the terms are not the right ones



Do you think it's worth putting a defence in ? Sorry doing this on the hoof today

k

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ps not mentioned but there is alls the dodgey default dates issue
x

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

2.2 terms and conditions of Current terms PDF ( which presumably is what the default notice would refer to rather than the original 1999 terms - clause 2.2 of original terms and conditions from 1999 is even more irrelevant)