14 day notice from solicitors received.

[labman]

Re: 14 day notice from solicitors received.

Totally agree with Debt Star here. While you are waiting for the CPR 31.14 to come back, you should view this as time to prepare whatever you can. One of those things, and perhaps one of the most important, is the issue mentioned by DS above.

[The Debt Star]

Re: 14 day notice from solicitors received.

Absolutely. Especially in light of the OP's observation in #1

The problem I have is that if I get a CCJ I will probably have some explaing to do with the FSA which is a territory I dont want to go down, there is a chance I will get struck off.

I have been digging around some of the FSA links on the web but haven't found anything that assists. Bankruptcy for IFAs gets raised as an issue, but not CCJs per se (but they can of course lead on to that sometimes).

Maybe you could speak to an industry peer in confidence or contact the FSA's compliance unit anonymously to pose the question.

[M1970]

Re: 14 day notice from solicitors received.

Before I eneterd into any token payment offers some 3 odd years ago I asked my accountant to ring the FSA. They exlained as long as authorised individuals can demostrate they comply with the capital adequency rules any 'financial arrangements' with creditors do not have to be disclosed.

Insolvency, CCJ, IVA and Bankcruptcy are notifiable events all of which will result in a review of permissions.

[The Debt Star]

Re: 14 day notice from solicitors received.

One of the credit cards was passed to a DCA who have been really aggressive and have hounded me from day one to increase the payment.

Insolvency, CCJ, IVA and Bankcruptcy are notifiable events all of which will result in a review of permissions.

Ok, so attempt an arrangement to repay them then. How far did you get with this originally? There is help on here with income/expenditure sheets that will assist you negotiate a repayment with them and which would avoid a court order.

While doing that you can still look at all yuor options and continue digging around the whole unenforceablity issue.

I'm just aware that your livelihood depends on avoiding a court order, and I think that's your first priority and there's a danger that you can be persuaded to fight this up to the wire and then find yourself, ultimately, in an even worse mess.

[M1970]

Re: 14 day notice from solicitors received.

they agreed to accept 50%, I cant do that. I am in so much debt you wont believe. What I did offer they said no to.

I feel I am at the end anyway, so if this takes me over then its over.

[The Debt Star]

Re: 14 day notice from solicitors received.

I have every sympathy with you. I don't think you should despair or give up on your profession as the good times WILL return. You have been caught up in the wretched recession like many others.

You can't pay them 50%, okay. I wonder though if a well planned and drafted income and expenditure sheet, evidencing that the others have agreed arrangements might work? I sugegst you PM our Labman here to see if he can email you an i/e sheet that many creditors find acceptable. As to stratetgy, he will know better than anyone else I've come across on the forum whether you should be communicating with the solicitors or the debt owner or both.

Give it a try, a fresh attempt.

At the end of the day, if they get an order and you get booted out of your profession, it will make it harder for the creditors to get anything. So a well reasoned approach to them might work. Contact Labman.

[M1970]

Re: 14 day notice from solicitors received.

still no response ??, should I be filing a defence by now?

[FlamingParrot]

Re: 14 day notice from solicitors received.

Have you looked at the options noted here? A Tomlin order would avoid a CCJ being recorded! :nod:

As the debt is £13k it's well over the small claims threshold so it is worth looking at the possibility of legal representation on a no-win-no-fee basis. Why not contact these guys -> http://www.watsonssolicitors.co.uk/contact.html They have won quite a few cases, including this one, where the defendant is also a member here -> http://www.bbc.co.uk/news/business-17670803

If the potential to defend doesn't look very solid, they may be able to suggest options to avoid a CCJ, such as a Tomlin Order or a Consent Order.

[M1970]

Re: 14 day notice from solicitors received.

The DCA has already stated that it will not negotiate further, I have tried to make them an offer.

I have maintained token payments to show willing but they are obsessed with me.

[CleverClogs]

Re: 14 day notice from solicitors received.

they agreed to accept 50%,

If the agreement had been enforceable, why would they settle for half the alleged debt?

[M1970]

Re: 14 day notice from solicitors received.

MNBA said they would reduce it to £3,000 then sold the debt within the default notice period. Why would they accept £3,000 before sending it to a DCA?

I guess I could go back to NMBA and explain they havnt dealt with the default correclty?

Just one other thing, the reason why I am on this forum is because I want help from the community rather than a legal firm. I have my reasons for this, mostly because I am truley broke, in every sense of the word.

[M1970]

Re: 14 day notice from solicitors received.

still nothing in the post today, I will work on a defence but dont really know the right wording to use. Lots of examples I have seen sort of fit. I will post my draft here.

[FlamingParrot]

Re: 14 day notice from solicitors received.

MNBA said they would reduce it to £3,000 then sold the debt within the default notice period. Why would they accept £3,000 before sending it to a DCA?

I guess I could go back to NMBA and explain they havnt dealt with the default correclty?

Just one other thing, the reason why I am on this forum is because I want help from the community rather than a legal firm. I have my reasons for this, mostly because I am truley broke, in every sense of the word.

The decision is ultimately yours, however, you could get a conditional fee agreement, a.k.a. no-win-no-fee, given that this is for £13k, thus above small claims threshold. You have nothing to lose by trying...

LIPs (litigants in person) often don't stand a chance, sad but true, as can be seen here ---> http://paulatwatsonssolicitors.wordp...-to-the-judge/

An interesting case came up recently which went to reinforce my view that if you are not sure of the arguable points in your case, or how to present them correctly in a Defence, then you should seek legal advice.

The case in question, as so many others do, involved a matter where a clients account had been purchased by a third-party who were seeking to recover the balance outstanding on a credit card account.

The matter ended with the Client being sued, there appeared to be a number of grounds of challenge in this matter, however due to the clients lack of understanding many of the key points were missed out of the Defence, instead there were a number of irrelevant quotes from cases which didn’t assist.

The case did not really get off the ground, as the Claimant applied for summary judgment and unfortunately for the client, they succeeded and judgment was granted. Thus leaving the client with not only the full balance now being payable but also costs, and a CCJ on the credit record.

At this point the client contacted us and we took the case on a CFA basis. We also found a barrister on a CFA also.

[alham]

Re: 14 day notice from solicitors received.

Now that you won a small battle don't give up and persevere - I am sure that there are loads of mistakes with information you've been supplied with, unfortunately I know very little about consumer credit. BUT there are experts here. AND you must get your defence in before the due date....

[fluffystuff]

Re: 14 day notice from solicitors received.

M1970,

I echo what Flower Power has to say above. Send Watsons an e.mail, it will cost you nothing. In return, at the very least, you will receive an honest appraisal of your chances. X