Hi, just joined

[gmleo]

Re: Hi, just joined

Is the Equalizer still working?
Or, the A-Team?
Harvey Specter?

[bluebottle]

Re: Hi, just joined

I feel that unless it can be shown that BC mislead or attempted to mislead the court or did not comply with procedure, it is going to be difficult to quash the CCJ after 2.5 years. Any failure to comply with procedure would have to be serious, but as Amethyst has alluded, there are time-limits as to notifying the courts of such failures.

[gmleo]

Re: Hi, just joined

Thanks BB.

Looks like Ed Snowden might be getting a house mate then

[Amethyst]

Re: Hi, just joined

You need to complete the income and expenditure sheet -and work out what you can afford - if that's £1 a week then so be it. Discuss your circumstances with them.

If you can't agree and they want more than you can reasonably afford you have the option of applying to court for redetermination - it would cost either £155 or if you are on certain benefits or your income is particularly low you might be able to apply for fee remission ( form EX160 for info ) - then the court will look at your income and circumstances and make a new installment order - you're not on the best footing with having not paid anything since judgment - but I think you mentioned you don't have any assetts - so all else they could order is attachment of earnings - bankruptcy would be pointless.

[gmleo]

Re: Hi, just joined

You need to complete the income and expenditure sheet -and work out what you can afford - if that's £1 a week then so be it. Discuss your circumstances with them.

If you can't agree and they want more than you can reasonably afford you have the option of applying to court for redetermination - it would cost either £155 or if you are on certain benefits or your income is particularly low you might be able to apply for fee remission ( form EX160 for info ) - then the court will look at your income and circumstances and make a new installment order - you're not on the best footing with having not paid anything since judgment - but I think you mentioned you don't have any assetts - so all else they could order is attachment of earnings - bankruptcy would be pointless.

Thanks Amethyst.

Bankrupcy being pointless, music to my ears,
I teetered on the threshold of making myself bankrupt for about three years, then decided to avoid if I could.
It would be such a shame if they forced it upon me at this stage.

Self employed, just started up as sole trader a year ago.
Attachment to earning is no use to them here.

Bankruptcy, or seize my almost empty bank account, that's all they can do really.

What happens to the CCJ after 6 years if I pay £1 a week? Is it still visible on the credit file?
What happens to the CCJ if I don't pay anything at all and the 6 years passes without incident?

How enforcabe is a CCJ once 6 years has passed, and it's no longer showing on the credit file?
I believe it still exists, never goes away, just not seen on the register?
Or put another way... does it make any difference when trying to enforce a CCJ after 6 years if I've made any payments toward it, or not?
Would they struggle to enforce it if £0.00 was ever paid? Or would it be easier for them to enforce if I had been paying the £1 a week?

I really appreciate all your help, really is useful to me, thanks.
One last question

I've heard/read that some creditors only search for 3 years, if all is good , that's as far as they go.
Does that apply only to defaults? I guess CCJ wouldn't be included in that scenario?

[Amethyst]

Re: Hi, just joined

Yes you are right - the CCJ stays on your credit file until umm January 2018 (6 yrs from Judgment) regardless but it exists beyond then, however IF no attempt was made at enforcement within six years of the judgment then the claimants have to apply to the court to enforce.

It basically exists until you / they have it marked as satisfied.

[gmleo]

Re: Hi, just joined

FP. I'll write a list of the entire debts and list them if you like... I was going to do that but wasn't sure if this was the forum for it.
Thought it might get too complicated.
Majority are Credit Cards.

Credit Cards
MBNA - Arrow Global LLC £9,659.84 - Opened May 2004/ Default date 30/06/2008/ CCJ 17-01-2012
EGG - Lowell £6,383.28 - Opened October 2004/ Default date 01/05/2008
Nationwide - Mkdp Llp £5,065.13 - Opened February 2007/ Default date 13/11/2008 -11/01/2008
CITI Cards - 1st Credit Ltd £4,155.95 - Opened February 2007/ Default date 30/09/2008

Total Credit Cards £25,264.20

Banks
Abbey £1,518.86 - Default date 09/02/2008 (noddle)
Alliance & Leicester £1,289.75 - Default date 22/01/2008 (noddle)
Nationwide £785.97 - Default date 02/03/2011 (noddle)
First Direct Overdraft £650.00 - In use

Total Banks £4,244.58

Misc
Screwfix /TA **** **** £438 - CCJ 19-01-2010

Grand Total £29,508.78

Screwfix was mistake, doing my ostrich impression at the time and didn't open the letter for a year.
Would have paid it at the time had I realised.

To update the list of "Defaults" I made around a year ago.

Credit Cards
MBNA - Arrow Global LLC £9,659.84 - Opened May 2004/ Default date 30/06/2008 Becomes Statute barred - Expires end of June 2014
EGG - Lowell £6,383.28 - Opened October 2004/ Default date 01/05/2008Statute barred - Already expired
Nationwide - Mkdp Llp £5,065.13 - Opened February 2007/ Default date 01/11/2008 -Expires 1st Nov 2014
CITI Cards - 1st Credit Ltd £4,155.95 - Opened February 2007/ Default date 30/09/2008 - Expires 30 Sept 2014

Total Credit Cards £9,221.

Banks
Abbey £1,518.86 - Default date 09/02/2008 (noddle) Statute barred - Expired
Alliance & Leicester £1,289.75 - Default date 22/01/2008 (noddle) Statute barred - Expired
Nationwide £785.97 - Default date 02/03/2011 (noddle)
First Direct £650.00 - In use

Total Banks £785.

Grand Total of remaining "Defaults" £10,006.
By Nov 2014 (5 months) there will be only one default remaining, a bank account for £785.

Misc
Screwfix /TA **** **** £438 - CCJ 19-01-2010
MBNA - Arrow Global LLC £9,659.84 - CCJ 17-01-2012

MBNA have instructed a new solicitor who are now threatening to enforce the 2.5 year old CCJ.
I've had three letters from them to date, Drydensfairfax, I have not responded to any as yet.
Waiting to see if they're bluffing or not.

[gmleo]

Re: Hi, just joined

Update even further the above defaults, made good progress during the last few weeks.

Credit Cards
MBNA - Arrow Global LLC £9,659.84 - Default date 30/06/2008 Statute barred - Expired 30 June 2014
EGG - Lowell £6,383.28 - Default date 01/05/2008 Statute barred - Expired 01 May 2014
Nationwide - Mkdp Llp £5,065.13 - Default date 01/11/2008 - Negotiated early removal from credit file with £100 + further £150 cheques as compensation for duplicate errors and incorrect dates on my credit file - Removed early 01 July 2014
CITI Cards - 1st Credit Ltd £4,155.95 - Default date 30/09/2008 - Expires 30 Sept 2014

Total Credit Cards £4,155.95

Banks
Abbey £1,518.86 - Default date 09/02/2008 Statute barred - Expired
Alliance & Leicester £1,289.75 - Default date 22/01/2008 (noddle) Statute barred - Expired
Nationwide £785.97 - Default date 02/03/2011 (noddle) - (Real default date 01.06.2009) Negotiated early removal from credit file, due to original incorrect removal of overdraft notice, they only gave me 2 weeks instead of 3. Also duplicate errors and incorrect dates on my credit file - Removed early 07 July 2014
First Direct £650.00 - In use

Total Banks £0.00

Grand Total of remaining "Defaults" £4,155.95
By 01 October 2014 (2.5 months) there will be zero defaults on my credit file.

Very pleased with that.

Still have the CCJ's which will now get my full attention.

[gmleo]

Re: Hi, just joined

Misc
Screwfix /TA **** **** £438 - CCJ 19-01-2010
MBNA - Arrow Global LLC £9,659.84 - CCJ 17-01-2012

MBNA have instructed a new solicitor who are now threatening to enforce the 2.5 year old CCJ.
I've had three letters from them to date, Drydensfairfax, I have not responded to any as yet.
Waiting to see if they're bluffing or not.

My new solicitor is advising I try to pay the large CCJ off with a £5K payment, and negotiate a removal of the CCJ as part of the payment terms.

The alternative is to appeal the courts decision to allow me to appeal again. Long shot at best because of the time factor, 2.5 years later.
First time I had no substantive arguments, this time I do.
My arguments, defense I've already highlighted throughout this post, lots of little bites but no real knock out undeniable winning punch, sadly.

One addendum to the previous "reasons/excuses"? is a PTSD diagnosis I've picked up since this entire episode began.
It transpires that my burying my head in the sand was not just me being an idiot at the time, it's actually a symptom of PTSD, a reaction to overdosing on stress.
The amount of time it's taken me to get back to normal and start to deal with this CCJ can also be attributed to PTSD.
It's an argument on the day and down to the judge on the day I should imagine...

Some honest feedback as to my odds of success would be helpful in helping me which road I should take.
Either way, I want to act this week, appeal or start negotiations.

[gmleo]

Re: Hi, just joined

Assuming I'm mad and I'm about to ignore all the advice and just try it anyway, to take the CCJ back to the courts to ask permission to appeal, for a 2nd time.
What do I need to do? What forms?

I've just contacted the court for the court transcript of the hearing that I attended in June 2012, with no substantive argument at the time.
Next, I want to take the CCA they provided some 5 months after the CCJ set aside hearing... they didn't even have a contract at the time, grrr.. I want to take this contract the court to have it ruled as unenforceable.
I think that would help me with the next stage, trying to get a second chance at a set-aside hearing.
How do I go about getting the court to make a ruling on a CCA? What forms again?

[Amethyst]

Re: Hi, just joined

Who is your new solicitor ? is he a CCA specialist or just your local solicitors?

[gmleo]

Re: Hi, just joined

Shall I type his name in here?

[Amethyst]

Re: Hi, just joined

I think after two and a half years, an appeal is very unlikely unless major new issues have come to light, and you would be better pressed if you could afford to make a full and final settlement. The transcript would cost you £150 odd, plus application will be £155 plus costs etc if you lost.

[gmleo]

Re: Hi, just joined

Just sent you 'pm' Amethyst with solicitors linkedin profile. He is into Civil Litigation and Employment Law

[gmleo]

Re: Hi, just joined

Yes, this is the gamble I'd be taking, costs if I lose.
Versus the gains, almost £10K CCJ removed 3.5 years early and a nice repaired credit file.
Only couple of hundred quid expense if I win, vs the £5K payment to attempt to clear it with negotiations.
I'm getting sea-sick with all the see-sawing in my own head, need to make a decision and stick to it.

What would the costs be if I applied for another set aside hearing and lost the application? Not the final hearing itself, I'd win the hearing... just talking about allowing me to appeal the "can't appeal twice rule".