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

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?

[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.

[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.

[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 !!!!

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 !!!!

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?

[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

[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.

[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 ...................

[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 !!!!

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.

[Amethyst]

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

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

[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 !!!!

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.