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Hello everyone. This is my first post on here.
I've got multiple debts and various issues I'd like to ask about, but I need to start with the most urgent as it's reaching the bailiff stage.
I'vehad a similar experience to some other people that I've readabout in a thread on here: a defaulted debt with MBNA which then went to various debt collection agencies (including Experto Credite) whilst I paid a token amount for severalyears, and then suddenly some bounced back payments from late lastyear; the debt getting taken over by PRA Group and then court actionvery quickly after. From what I read Experto went bust and PRA took over and have been very aggressive in going to court.
I understand that requesting CCA information to find out if the debt is enforceable is useful, and can halt further court action until the request is answered by the creditor. I've also heard that if Experto were involved there's a good chance the relevant paperwork is not present and the original debt may have been unenforceable. Myproblem is that because of an issue with not getting my mail I didn'tknow about it all until after the CCJ had already been issued.They've now also issued a Warrant of Control, which involves thebailiffs etc.
I'veread about requesting CCA information to see if a debt is enforceableand that a creditor has to supply certain information. But I haveread that this obligation ceases once a CCJ has been issued. So is ittoo late for me to do anything (even if just temporarily halting the court action whilst I take further advice on how to proceed)?
Oneoption could be to apply to get the CCJ “set aside”. Possiblegrounds could be that I never put in an initial defence because Ihadn't got the letters until after the CCJ had been issued, so it gotissued by default in my absence. My mail had been going to my oldercorrespondence address. The problem here is I'm reluctant to give mynew address out to them...
However,I do also dispute the amount. I've looked back at my original spreadsheet from 2008 when I first got into financial trouble. I'velisted my MBNA debt as being £7500. This debt changed hands severaltimes before PRA finally put in for the CCJ at £8700. They alsoadded £500 in costs, so the final CCJ is for £9200. Does this seema reasonable amount of costs to have added on, or do you think Iactually do have grounds to set aside the CCJ?
Iunderstand that if you submit a CCA request before a CCJ has beenissued, then this halts any further action until the creditor hassupplied the requested information. But if it's true that theobligation to provide CCA information ends once a CCJ is ordered(I've read that this is because the CCJ supercedes any previous termsand conditions etc) then does this mean this will not work to even temporarily halt the bailiff action?
Or could I still write to the court and/or PRA to say that I intend to get the CCJ set aside and still make the CCA request, and request a halt on any further action until they have provided that information?
Advice greatly appreciated.
I've got multiple debts and various issues I'd like to ask about, but I need to start with the most urgent as it's reaching the bailiff stage.
I'vehad a similar experience to some other people that I've readabout in a thread on here: a defaulted debt with MBNA which then went to various debt collection agencies (including Experto Credite) whilst I paid a token amount for severalyears, and then suddenly some bounced back payments from late lastyear; the debt getting taken over by PRA Group and then court actionvery quickly after. From what I read Experto went bust and PRA took over and have been very aggressive in going to court.
I understand that requesting CCA information to find out if the debt is enforceable is useful, and can halt further court action until the request is answered by the creditor. I've also heard that if Experto were involved there's a good chance the relevant paperwork is not present and the original debt may have been unenforceable. Myproblem is that because of an issue with not getting my mail I didn'tknow about it all until after the CCJ had already been issued.They've now also issued a Warrant of Control, which involves thebailiffs etc.
I'veread about requesting CCA information to see if a debt is enforceableand that a creditor has to supply certain information. But I haveread that this obligation ceases once a CCJ has been issued. So is ittoo late for me to do anything (even if just temporarily halting the court action whilst I take further advice on how to proceed)?
Oneoption could be to apply to get the CCJ “set aside”. Possiblegrounds could be that I never put in an initial defence because Ihadn't got the letters until after the CCJ had been issued, so it gotissued by default in my absence. My mail had been going to my oldercorrespondence address. The problem here is I'm reluctant to give mynew address out to them...
However,I do also dispute the amount. I've looked back at my original spreadsheet from 2008 when I first got into financial trouble. I'velisted my MBNA debt as being £7500. This debt changed hands severaltimes before PRA finally put in for the CCJ at £8700. They alsoadded £500 in costs, so the final CCJ is for £9200. Does this seema reasonable amount of costs to have added on, or do you think Iactually do have grounds to set aside the CCJ?
Iunderstand that if you submit a CCA request before a CCJ has beenissued, then this halts any further action until the creditor hassupplied the requested information. But if it's true that theobligation to provide CCA information ends once a CCJ is ordered(I've read that this is because the CCJ supercedes any previous termsand conditions etc) then does this mean this will not work to even temporarily halt the bailiff action?
Or could I still write to the court and/or PRA to say that I intend to get the CCJ set aside and still make the CCA request, and request a halt on any further action until they have provided that information?
Advice greatly appreciated.
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