CCJ and potential failure of a debt mgt plan !!!!

[Doglover2000]

I lost a second job a few years ago and knew I'd struggle to pay my debts so I contacted a debt mgt company. Within a few months, having done everything they instructed me to do I'd started making monthly payments which included their fee. Everything was going fine and after some time my debt was sold on, I received letters from companies asking me to pay the balance off each time it was sold on and I called them to let them know about the DM company. I moved addresses a couple of times due to work and kept my DM company informed, in fairness I didn't contact the company directly to let them know I'd moved as the DM company always said they'd tske care of everything and not to worry. Toward the start of this year after being in the DMP for 4 years I suddenly received a demanding/threatening letter saying I'd missed payments. When I called the company they said payments were missed and I now had a CCJ. I was stunned as I knew nothing about it. They said they'd been trying to contact me for ages and I asked why they Gav t contacted my DM company, they said it wasn't what they did. On the Monday I frantically called my DM company they said the company had lied to me and that there was no CCJ and that was the type of thing these people say to get me to settle the account. I kept making my payments and left it at that but I wasn't comfortable or satisfied. This week I re-registered with experian and update my file, I was shocked to see a CCJ dated Sept 2013, how could this happen. I contacted my DM company again they said they had only checked the scottish register (I previously lived in Scotland and the DM company is in scotland) the CCJ was from Northampton. The DM company have said not to worry as they'll sort it out in a couple of weeks after their holiday and they move premises. Well I am worried because today I've received another letter saying there are more missed payments. I want to contact the company to explain my situation but I need advice first as I don't know what to tell them, they probably won't believe I've paid religiously since Feb 2010 despite the fact I have the receipts from the DM company and the bank transfer info to prove it. I did the right thing, I didn't bury my head in the sand, I entered a DMP and paid every month. Now I don't know what's been paid and what's not and I have a CCJ, I'm mortified and angry. Any advice !!!!!!

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

Hi and welcome.

Could you tell us the name of the debt management company and the claimants who have the CCJ.

You can apply to set aside the judgment if you hadnt received court papers, this should be done promptly after finding out the ccj exists, so for your dmp company to say its fine and leave it till after their holiday/office move etc is unacceptable.

There's a few bits well need to look at but first thennames of the dmp company, the claimant and the original creditor and what the debt is would be very useful.

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

Can I send you their names privately !

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

Of course, pm me or email admin@legalbeagles.info

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

Doglover, once you sent me those names I'll see what I can find out and come back to you in the morning.

If you're feeling cross and want to be doing something, find the n244 and ex160 forms on the hmcs site and download them, and dig out any and all paperwork you have about this dmp, particularly the terms and contract if U have them, and the debts, letters from dca's etc.

As well as sort out this ccj we may as well try sort out the dmp situation and the rest of your creditors, and if suitable get you to move to a free dmp with stepchange or self managed with cab money.

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

The company writing to me is idemservicing, the DM is first choice credit solutions and the debt was to capital one credit card

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

Morning, Apologies I'd modded your previous post as you said you wanted to keep it private, it's absolutely fine in public though, and might serve to help others or get more information.

The company you are using are a small one/two man band outfit and seem to be a sole traders business. The owner ( Eddie ) has interim permissions consumer credit licence from the OFT with the FCA for debt counselling / adjusting so that checks out. Their main business seems to be mortgage broking and they also use the name Credit Choices (but I can't find much out about it but Eddie's sister, Louise seems to run that side)

So small company, not a lot of info about but have the relevant interim permissions. ( Edward Joseph Flynn Interim Permissions Reference Number: 625497 )

So nothing stand out dodgy that I can see, just a small outfit with not much in the way of online presence.

HOWEVER the service you are getting from them isn't very good and you are obviously concerned about it.

Therefore, for your continuing DMP I would recommend giving StepChange ( http://www.stepchange.org/ ) a call and see if they can get things back on track.

They won't deal with court claims but your money will be paid to your creditors each month, and it won't cost you anything, so everything you pay in will go to your creditors. They are a nationally recognised charity.

If you wanted to do it yourself there is CABmoney or Stepchange have their own DIY DMP help section.


So that's that side of things, its worth thinking about if you don't feel comfortable with your DMP company it is an option to move.


Right, on to the CCJ ...................

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

CCJ .....

You can apply to have the judgment set aside however we need to know a bit more about the debt to see if it is worth doing that and whether you have a defence to the claim, it might be you show there is a defence to the claim to get it set aside then negotiate an arrangement to pay directly with IDEM on agreement they don't put a CCJ through.

Capital One credit card - opened approx what year ?

How much approx is the CCJ for ?

How much ws the original debt (as far as you are aware) ?

How much have your monthly payments to them been under the arrangement ? (you've paid since February 2010)


The set aside application notes are http://www.legalbeagles.info/forums/...lication-notes

You're reasons are simply you didn't receive court papers and have only just found the CCJ from your credit file, and have moved house but told them of your change of address via your DMP provider.

The EX160 is the form for fee remission so have a look through that and see if you'd be eligible, as the set aside application has a £50/£155 cost attached to it.

We'll need to get a CCA request off to Capital One (for now, once the CCJ is set aside we can ask IDEM) http://www.legalbeagles.info/forums/...y-of-Agreement - just by way of testing the water.

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

CCJ .....

You can apply to have the judgment set aside however we need to know a bit more about the debt to see if it is worth doing that and whether you have a defence to the claim, it might be you show there is a defence to the claim to get it set aside then negotiate an arrangement to pay directly with IDEM on agreement they don't put a CCJ through.

Capital One credit card - opened approx what year ?

How much approx is the CCJ for ?

How much ws the original debt (as far as you are aware) ?

How much have your monthly payments to them been under the arrangement ? (you've paid since February 2010)


The set aside application notes are http://www.legalbeagles.info/forums/...lication-notes

You're reasons are simply you didn't receive court papers and have only just found the CCJ from your credit file, and have moved house but told them of your change of address via your DMP provider.

The EX160 is the form for fee remission so have a look through that and see if you'd be eligible, as the set aside application has a £50/£155 cost attached to it.

We'll need to get a CCA request off to Capital One (for now, once the CCJ is set aside we can ask IDEM) http://www.legalbeagles.info/forums/...y-of-Agreement - just by way of testing the water.

Hi
thanks for all of this I'll pm you with all the details I have once I'm back home at the weekend.
Cheers

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

CCJ .....

You can apply to have the judgment set aside however we need to know a bit more about the debt to see if it is worth doing that and whether you have a defence to the claim, it might be you show there is a defence to the claim to get it set aside then negotiate an arrangement to pay directly with IDEM on agreement they don't put a CCJ through.

Capital One credit card - opened approx what year ?

How much approx is the CCJ for ?

How much ws the original debt (as far as you are aware) ?

How much have your monthly payments to them been under the arrangement ? (you've paid since February 2010)


The set aside application notes are http://www.legalbeagles.info/forums/...lication-notes

You're reasons are simply you didn't receive court papers and have only just found the CCJ from your credit file, and have moved house but told them of your change of address via your DMP provider.

The EX160 is the form for fee remission so have a look through that and see if you'd be eligible, as the set aside application has a £50/£155 cost attached to it.

We'll need to get a CCA request off to Capital One (for now, once the CCJ is set aside we can ask IDEM) http://www.legalbeagles.info/forums/...y-of-Agreement - just by way of testing the water.

Does CCA request go to original creditor? Or whoever has the debt now?

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

It should go to the current creditor (which is IDEM) but I don't want to do that just yet, as after judgment it doesn't apply anyway, so if we send one to Capital One (the original creditor) we'll get a good idea of whether they have it, for future ref if we go for the set aside and then defend. It's a tactic thing

[orfoster]

Re: CCJ and potential failure of a debt mgt plan !!!!

It should go to the current creditor (which is IDEM) but I don't want to do that just yet, as after judgment it doesn't apply anyway, so if we send one to Capital One (the original creditor) we'll get a good idea of whether they have it, for future ref if we go for the set aside and then defend. It's a tactic thing

Ah right, so CCA needs to go to Capital One?

[Amethyst]

Re: CCJ and potential failure of a debt mgt plan !!!!

for the moment, I think that would be a good idea. Later we can send one to IDEM.

[Doglover2000]

Re: CCJ and potential failure of a debt mgt plan !!!!

Hi, re your questions I started with the capital one credit card in August 2009, I still have the original card and that's the date that's on it. The balance by the end of 2009 was just under £1000, the credit limit was £1000. According to my credit report the CCJ is for £1029, the Information Type: Judgement and the Date: 17 September 2013 at Northampton County Court. I have been paying £5.47 per month to this debt and as at 16 September 2014 I had paid a total of £306.32 to this debt.

[Wombats]

Re: CCJ and potential failure of a debt mgt plan !!!!

As long as interest has been frozen that is initially good news, as it takes you below the £750 bankruptcy threshold.

Do you own your own property?