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Hello All,
I have been browsing your forum and someone can help me. Approx. 2 half years ago I entered into a DPM and as I was struggling with debt. For 2 half years I have been paying my DPM Company without any problems and am still maintaining my payments today.
Approx. 3 months ago the DPM Company called me to advise that they were upgrading my account to a debt reduction plan and that there was no cost to me and I would simply continue making my payments as agreed, but the objective was to reduce the debt by looking at PPI, unfair charges and credit agreements. Most of my debt is with credit cards.
One particular creditor has all of a sudden applied for a CCJ against me. This was received in September 2012 and I was shocked as I have not defaulted in my payments and I have received no correspondence from the creditor or their solicitor for over 2 years, no default notice or anything and as you can imagine I was in a state of shock/worry wondering why this had been issued when I had not missed any payments nor received any default notices.
I scanned the CCJ in and sent to my DPM Company who advised that they would acknowledge this and respond to the court, in this case Northampton County Court. I scanned this in and emailed it to them the day I received it. Last week I then received a Judgment for payment requesting that I pay the amount shown + interest so I have sent this to my DPM who have asked me to complete an N245 which they will send to the court which BTW shows the same amount that I have been paying this creditor for the last 2 half years.
Whilst speaking with my DPM this week they advised me that whilst they obtain details of any PPI, unfair charges and credit agreements that 90% of my monthly payments would be retained by my DPM company and all of the creditors would receive a £1 token payment, however they had problems with their payment system whilst it was been upgraded so a number of creditors didn't receive any payments for a while and I have been advised that this has now been rectified, however I feel that this CCJ has been issued because of the problems explained above which is nothing that I have done. I have been paying this particular creditor £90 per month and have been for over 2 years and I can only assume that the CCJ was issued because they never received any payment, however if this had been the case I do not know why I never received a default notice. I called the solictor who is acting on behalf of the creditor and asked why the CCJ had been issued and they stated becuase payment had not been recevied which is what I suspected.
Is there anything I can do to avoid this CCJ given the situation explained above. May be I am missing something but how can a creditor suddenly issue a CCJ when I have not defaulted on any of my payments. Should you first recevie a default notice before a CCJ can be issued? Is this something I can fight without incurring any cost to me as it seems to me that the DPM are at fault here?
Any help/advise you can provide would be very much appreciated.
Kind Regards,
Alan
I have been browsing your forum and someone can help me. Approx. 2 half years ago I entered into a DPM and as I was struggling with debt. For 2 half years I have been paying my DPM Company without any problems and am still maintaining my payments today.
Approx. 3 months ago the DPM Company called me to advise that they were upgrading my account to a debt reduction plan and that there was no cost to me and I would simply continue making my payments as agreed, but the objective was to reduce the debt by looking at PPI, unfair charges and credit agreements. Most of my debt is with credit cards.
One particular creditor has all of a sudden applied for a CCJ against me. This was received in September 2012 and I was shocked as I have not defaulted in my payments and I have received no correspondence from the creditor or their solicitor for over 2 years, no default notice or anything and as you can imagine I was in a state of shock/worry wondering why this had been issued when I had not missed any payments nor received any default notices.
I scanned the CCJ in and sent to my DPM Company who advised that they would acknowledge this and respond to the court, in this case Northampton County Court. I scanned this in and emailed it to them the day I received it. Last week I then received a Judgment for payment requesting that I pay the amount shown + interest so I have sent this to my DPM who have asked me to complete an N245 which they will send to the court which BTW shows the same amount that I have been paying this creditor for the last 2 half years.
Whilst speaking with my DPM this week they advised me that whilst they obtain details of any PPI, unfair charges and credit agreements that 90% of my monthly payments would be retained by my DPM company and all of the creditors would receive a £1 token payment, however they had problems with their payment system whilst it was been upgraded so a number of creditors didn't receive any payments for a while and I have been advised that this has now been rectified, however I feel that this CCJ has been issued because of the problems explained above which is nothing that I have done. I have been paying this particular creditor £90 per month and have been for over 2 years and I can only assume that the CCJ was issued because they never received any payment, however if this had been the case I do not know why I never received a default notice. I called the solictor who is acting on behalf of the creditor and asked why the CCJ had been issued and they stated becuase payment had not been recevied which is what I suspected.
Is there anything I can do to avoid this CCJ given the situation explained above. May be I am missing something but how can a creditor suddenly issue a CCJ when I have not defaulted on any of my payments. Should you first recevie a default notice before a CCJ can be issued? Is this something I can fight without incurring any cost to me as it seems to me that the DPM are at fault here?
Any help/advise you can provide would be very much appreciated.
Kind Regards,
Alan
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