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Hi there
I am new to this forum. I would really appreciate any help or experience anyone has to offer.
In 2014 I set up a plan of payment for £10 per month on a balance of around £900 from a defaulted MBNA credit card. I had just had my fourth child and moved home so couldn’t keep up the payments. My debt was passed to Buchanan, Clark and Wells who set up a direct debit with me and I happily paid the debt for two years. In the meantime I moved house (jan 2016)and didn’t get round to changing my address with them yet. We moved 200 miles with a six week old baby (number 5) and I was ill with an infection after the birth.
Unknown to me, Buchanan, Clark and Wells shut down in the Feb/March 2016 time and gave my account to PRA group. They cancelled my direct debit and I didn’t realise. The next correspondence was passed on to me by the new tenant in July from the County Court telling me I had to send back forms stating whether I owed this amount. It was then that I checked my bank and realised the £10 had not left since March. I rang the courts and creditors. PRA said that they were now in charge of the account and to send the forms on if I wanted to make a new arrangement. I did as they said and a couple of weeks later I received a ccj against me.
I was mortified, I have never had one before. I really didn’t realise that sending it back would result in a ccj. I did owe the money but I had always paid and didn’t cancel the payment. I really didn’t realise the payment had been cancelled by the credit company. And I was so surprised at how quick (just 4 months) they had taken action. I have just continued to pay the debt on time.
It seems so unfair that Buchanan Clark and Wells cancelled my payments. And PRA can see the circumstances.
So fast forward to now and we are desperate to buy a house in the near future. This ccj is two years old now. I had a look back over the court papers and in the particulars it states that PRA group took over the debt in 2014. But this simply isn’t true.
Buchanan Clark and Wells made the payment agreement with me in 2014 (I have letters to prove it) and PRA took over in March 2016 resulting in a ccj 4 months later July 2016. Is this legal to have the wrong description on the court papers?
From the research I have done, they do not seem to be part of the same group. And even if they were , then them just cancelling my agreed payment plan would be wrong.
I cant understand why they would state that they had the debt 2 years before they really took it over and not even mention the Buchanan, Clark and Wells group. Is this legal?
Is there any grounds to get this set aside? Based on
1. Them cancelling my payment in the first place
2. Them not explaining the court action to me despite me contacting them to discuss setting the payment up again?
3. This untrue description on the court papers?
Many thanks
MM
I am new to this forum. I would really appreciate any help or experience anyone has to offer.
In 2014 I set up a plan of payment for £10 per month on a balance of around £900 from a defaulted MBNA credit card. I had just had my fourth child and moved home so couldn’t keep up the payments. My debt was passed to Buchanan, Clark and Wells who set up a direct debit with me and I happily paid the debt for two years. In the meantime I moved house (jan 2016)and didn’t get round to changing my address with them yet. We moved 200 miles with a six week old baby (number 5) and I was ill with an infection after the birth.
Unknown to me, Buchanan, Clark and Wells shut down in the Feb/March 2016 time and gave my account to PRA group. They cancelled my direct debit and I didn’t realise. The next correspondence was passed on to me by the new tenant in July from the County Court telling me I had to send back forms stating whether I owed this amount. It was then that I checked my bank and realised the £10 had not left since March. I rang the courts and creditors. PRA said that they were now in charge of the account and to send the forms on if I wanted to make a new arrangement. I did as they said and a couple of weeks later I received a ccj against me.
I was mortified, I have never had one before. I really didn’t realise that sending it back would result in a ccj. I did owe the money but I had always paid and didn’t cancel the payment. I really didn’t realise the payment had been cancelled by the credit company. And I was so surprised at how quick (just 4 months) they had taken action. I have just continued to pay the debt on time.
It seems so unfair that Buchanan Clark and Wells cancelled my payments. And PRA can see the circumstances.
So fast forward to now and we are desperate to buy a house in the near future. This ccj is two years old now. I had a look back over the court papers and in the particulars it states that PRA group took over the debt in 2014. But this simply isn’t true.
Buchanan Clark and Wells made the payment agreement with me in 2014 (I have letters to prove it) and PRA took over in March 2016 resulting in a ccj 4 months later July 2016. Is this legal to have the wrong description on the court papers?
From the research I have done, they do not seem to be part of the same group. And even if they were , then them just cancelling my agreed payment plan would be wrong.
I cant understand why they would state that they had the debt 2 years before they really took it over and not even mention the Buchanan, Clark and Wells group. Is this legal?
Is there any grounds to get this set aside? Based on
1. Them cancelling my payment in the first place
2. Them not explaining the court action to me despite me contacting them to discuss setting the payment up again?
3. This untrue description on the court papers?
Many thanks
MM
