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

[Doglover2000]

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?

Hi, I only rent, not sure I'm understanding the bankruptcy stuff

[Wombats]

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

Hi, I only rent, not sure I'm understanding the bankruptcy stuff

You don't need to. For a creditor to make you BK, you have to owe a minimum of £750.00. By my calculations you are now below that figure, so they can't apply to make you BK.

Renting is good, as another favourite with the CCJ is to go for a Charging Order on your property to secure the debt, but again this doesn't apply in your case.

The main thing really is to try to get it set aside now and get your DMP back on track. I totally agree with Amethyst that you should give serious consideration to one of the free DMP providers. Just because you pay does not necessarily mean you get a better service as you've found out.

If you're confident, a DMP is easily self managed, but if you'd prefer someone else to do all the admin, then go with StepChange, Payplan or one of the other free ones.

[Doglover2000]

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

The debt should be below £750 but there must have been charged added because of the CCJ or payments have gone astray, I'll apply to have it set aside and do a CCA to capital one

[Wombats]

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

TBH, if your history is one of repaying, they'd rather have their money than make you BK, so I wouldn't worry too much.

The set aside should hopefully be a formality if you knew nothing about it.

[Doglover2000]

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

Just a quick update and some advice needed - so I sent the CCA request off to capital one and their 12 working days runs out this Monday (10 Nov), today I receive a letter from them asking me to send certificates to to validate my change of name and address. Of course I sent them a copy of my driving licence and marriage certificate with the recorded delivery letter I sent them, I make reference to those documents in my letter. What should I do now, should I send the documents again, should I challenge them in writing and tell them I've already sent those documents, what if they have lost those documents or worse. If I send the documents again does the 12 working days deadline start again. This is the account I've got the CCJ for, that I knew nothing about, I feel they are playing games. What should I do !!!!!!!

[orfoster]

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

Hi,

I think you've already provided this to them, I agree with your concern about how they are keeping your data securely and clearly they're killing time but as far as I'm concerned you've served them with the correct document and they have 12 working days from that point.

I'd write back and tell them you've supplied it to them already and you suggest they look for it but BTW they default at 12 working days.

But them I'm a difficult sod.

[Wombats]

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

They have failed to comply with the request now, simple as! I agree that you should contact them again referring them to the recorded delivery letter which contained two forms of proof, ask them to confirm they have these and to return the copies so you can be assured they are keeping your data securely. Failure to do so within 12 working days will result in them being reported to the ICO for failure to have secure systems in place for keeping personal data.

When I had a CCL, all electronic data was held in secure, encrypted vaults to which only I had the password. One would expect very rigorous systems in place for any organisation holding personal data so that it cannot be accessed by anyone who should not be able to access it.

Data Protection Act Principle 7:

"Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data."

[Doglover2000]

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

Thanks both, ill write to them

[orfoster]

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

So now they've defaulted does OP apply for a set aside without delay? Or should she wait a bit longer?

What if they now produce the agreement after all...

[orfoster]

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

When I had a CCL, all electronic data was held in secure, encrypted vaults to which only I had the password. One would expect very rigorous systems in place for any organisation holding personal data so that it cannot be accessed by anyone who should not be able to access it.

Sorry Wombat, what do you mean CCL?

[Wombats]

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

Sorry Wombat, what do you mean CCL?

Sorry - Consumer Credit Licence. I used to run my own debt advice charity, but it grew too big for just me to manage, and I wasn't happy taking the next step to expanding the charity, not least because I funded everything from my own pocket and simply couldn't afford to. Equally I did not want to commercialise anything.

That aside, it meant I had to abide by the DPA of course, so it's an area which holds a certain amount of interest for me.

[Doglover2000]

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

Hi again, I'll get a letter off to capital one on Monday recorded delivery but I have a couple of questions. If the agreement is unenforceable can i get the default removed and can i get compensation for the default? And can i claim the charges back as well in theory?

[Wombats]

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

I'd tread one step at a time to be honest. See what happens with this stage, then address what happens next.

Any unfair default can be removed, and if you can prove it has caused you financial loss, then you might get compensation. As hinted at above though, this is theoretical and some way down the line.

[orfoster]

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

I'd tread one step at a time to be honest. See what happens with this stage, then address what happens next.

Any unfair default can be removed, and if you can prove it has caused you financial loss, then you might get compensation. As hinted at above though, this is theoretical and some way down the line.

Is it that OP needs to have Judgment set aside based on not getting court papers and defending on the basis of no enforceable agreement and then once that's done to deal with the Default?

i guess default will come off on the basis of the recent CoA decision in Blackhorse?

[Wombats]

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

Is it that OP needs to have Judgment set aside based on not getting court papers and defending on the basis of no enforceable agreement and then once that's done to deal with the Default?

i guess default will come off on the basis of the recent CoA decision in Blackhorse?

Obviously I defer to Amethyst who clearly has a plan, but if it were me, I'd wait a little longer to see what happens re the CCJ request.