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 !!!!!!

[Doglover2000]

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

UPDATE

Judge has agreed to set aside for the reason "real prospect of success".

Ok, a couple of questions now as its been listed for a 90 minute hearing on 1 May.

1. Do I write to Bryan Carter and have the CCJ removed from my file?
2. Following my SAR to Capital One they responded saying I can ask for information relating to court info, I did that a few weeks ago now and they've not replied. Should I write to Bryan Carter asking further to CPR 31 for documents?
3. If I should what do I need to ask for?

The Claimant was Capital One so does this mean that they haven't sold the debt and therefore in essence there would be no sale of debt information?

I have evidence that I made every single payment to my Debt Management Company on time, I supplied this to the judge and he's taken the application as my defence.

I just want to know what else I should ask for really.

Thanks everyone.

[Doglover2000]

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

Hello,
Please see my draft defence. Not sure how to finish it off though.
I really want to then claim for the charges and inaccurate default but should I do this, get the CCJ set aside, pay in full and then claim the charges etc back?
Thanks

1. The Claimant brought a claim against the Defendant on 21 August 2013 for repayment of monies owed in relation to an alleged fixed fee Credit Agreement.

2. The Defendant entered into a Debt Management Plan in January 2010 and has maintained regular consistent payments in respect of that arrangement. The Defendant has continued to maintain these payments at all times and will provide proof of the same.

3. The Defendant moved address on 21 January 2010 and again on 16 October 2010 and further on 21 October 2011 to XXaddressXX and believed that the Debt Management Company would provide up to date address changes on her behalf, she did however, maintain her payments throughout this time and will provide evidence that no payments have been missed.

4. The Defendant at no time received any information in respect of this claim, in addition at no point did the Claimant contact the Defendants Debt Management Company whom the Claimant was receiving regular payments from.


5. The Defendant wrote to the Claimant on XXX pursuant to s78 of the Consumer Credit Act 1974 to obtain information on the alleged agreement, this request was served by Royal Mail Recorded Delivery on XXX, the Claimant has failed to respond to that letter and a subsequent follow up letter on XXX sent by the same method and signed for on XXX, to date the Claimant has failed to respond. It is pleaded that the Claimant is in default in accordance with the aforementioned regulation.

6. The Defendant made a request pursuant to s7 of the Data Protection Act 1998 on XXX, received by the Claimant on XXX requesting information in support of this defence.

7. The Defendant pleads that the account has been subject to charges “the charges” which are subject to the Unfair Terms in Consumer Contracts Regulations 1999.

8. Throughout the period of the account, the Defendant has added numerous default charges to the account which were applied on the basis that;
a. A penalty payable on breach of contract and thus unenforceable: and/or
b. An Unfair Term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Defendant.

9. The Defendant is accordingly entitled to repayment of the sums wrongly added to the account and therefore disputes the amount of claim.

[Doglover2000]

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

Scanned document attached I hope

[Doglover2000]

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

I was going to post the information I received from the courts but I can't work out how to upload the document so I'll just post what it says:

Claiment: Capital one
Name and address of service and payment: Bryan Carter Solicitor LLP
Defendant: Me (with my current address)
Registration address: is my old address

Particulars of claim: This claim is for 840.91 the amount due under an agreement between the claimant and the defendant for the claimant to lend money to the defendant. The claimant has requested payment of the monies due but the balance claimed remains outstanding. Particulars: my account number and the claimant claims 840.91 the claimant also claims interest pursuant to S69 county court act 1984 from 04/01/13 to date at 8% per annum but limited to a maximum of one year amounting 42.02.

Defendant solicitor: blank

Date, description of case event including applications, warrant fees and costs: 24/11/14 - letter to case dets
15/03/14 - change of defendant address
17/09/13 - N30 judgement by default 1029.93 at 50.00 mth 1st 17 Oct 13

Financial breakdown:
Amount adjudged including interest - 882.93
Total costs - 147.00
Sub total - 1029.93
Paid before jment court/claimant - 0.00
Total - 1029.93
Instalement - 50.00
Date of judgement - 17/09/13
Registration date - 17/09/13
Amount claimed - 882.93
Court fee - 55.00
Solicitors costs - 70.00
Total - 1007.93
Date of issue - 21/08/13
Date of service - 26/08/13
First payment on - 17 Oct 13
Order posted - 18 Sept 13

so that is everything that is on the document I received yesterday from the court as I called them and asked for details of the case. I never received any documents at the time, I still haven't. I've also not paid £50 per month, I continued to pay my agreed amount via my DMP. Is there anything I need to add to the set aside papers bearing in mind the information ive received now. I'd really like to get the set aside sent off soon.
Many thanks

[Doglover2000]

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

Does anyone know how to upload an image

[Amethyst]

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

In the Witness Statement could you add that you have, in between finding out about the CCJ, and now, written to the original creditor to try and find any information out about the debt. Set aside apps need to be made promptly so I feel we should explain the delay in some way. Can you add in the date(ish) you informed the creditor by telephone.

Also want to see the defence first really, as might be a better way of wording the DMP issues so that you aren't contradicting the defence.

Order sounds fine

[Doglover2000]

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

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. Judgment dated 17 September 2013) be set aside.


2. CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.


3. I learnt of the existence of this claim on 14 October 2014 when I obtained a Credit Report from a Credit Reference Agency [EXHIBIT A].


4. My address changed in October 2010, I advised the creditor of my change in address by telephone and further I was in a Debt Management Plan with the creditor, my Debt Management Company assured me that my address would be amended by them [EXHIBIT B].


5. The Defendant has continued to pay the Claimant regularly in accordance with the agreed Debt Management Plan, at no time has the Defendant failed to make payment [EXHIBIT C].


6. The Defendant admits that she did not advise the Claimant of a change of name, however, at no time was seeking to deceive the Claimant, as exhibited the Defendant made payments throughout the history of the account.


7. The Defendant believes that there are reasonable prospects of defending this claim which are outlined in Draft in the enclosed Draft Defence.


8. I therefore ask that the Court allow this Judgment to be set aside and that the Defendant have 14 days thereafter to submit a Defence.

[Doglover2000]

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

ooops accidentally posted with my name in it, please ignore the name folks

[Doglover2000]

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

Hi going to call the court tomorrow morning to find out further details. In the meantime here's what ive drafted minus my personal details, is this OK:

IN THE NORTHAMPTON COUNTY COURTCLAIM NUMBER:

BETWEEN:

XXXXXXXX (Claimant)- and –

(Defendant)

_________________________________DRAFT ORDER_________________________________

IT IS ORDERED THAT:

Upon reading the Defendant's application dated 22 November 2014.

It is ordered by [ ] sitting in Northampton County Court that:


1. The judgment dated 17 September 2013 be set aside.


2. The Defendants name shall be substituted and replaced with .


3. The Defendant shall file and serve its Defence 14 days from date of service of this Order.


4. The Claimant do pay the Defendant's costs of this application to the sum of £155.


5. The Claimant has permission to file and serve a reply if so required.

[Amethyst]

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

Yes, but if its IDEM on the CCJ register that's who the claimant is. Better if you can get copies of the claim.

[orfoster]

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

IDEM usually deal with loans.

Do we not have the copy of the N1 claim form / Judgment from the court ? (sorry haven't read back to the beginning of the thread)

Yes I've seen Bryan Carter letter now dated June 14. No Court documents at all, is it worth contacting the Court to find out who the Claimant is simply?

[Amethyst]

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

It seems its Bryan Carter Solicitors LLP are the ones on record or they were in March 14 and Fredericksons who bought the debt. We aren't entirely sure who the Claimant is in the case at this stage...

IDEM usually deal with loans.

Do we not have the copy of the N1 claim form / Judgment from the court ? (sorry haven't read back to the beginning of the thread)

[Amethyst]

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

Okay. You can send a CCA to IDEM however be warned they do not have to comply because they have judgment already, and yes it might kick them into going to enforcement, personally I'd rather get the set aside based on them getting judgment on the sly whilst they were being paid under the DMP then ask for the CCA to sort the defence, but plead no cca in the defence draft with the set aside, also plead the unfair charges ( if they are over £25 - though Orfoster might disagree there ), once you have the set aside and the CCJ taken off the file you can make a decision what to do depending on priorities.

[orfoster]

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

It seems its Bryan Carter Solicitors LLP are the ones on record or they were in March 14 and Fredericksons who bought the debt. We aren't entirely sure who the Claimant is in the case at this stage...