stressed to the max!

**cookiecrumb** · 22nd February 2016, 21:34:PM

Re: stressed to the max!

Can anyone offer any advice please sorry to be a pain. I have no clue what to do and I don't want anything being granted by courts until I know what to myself obviously I'm stressed as I'm afraid I will lose my job.

**Debt Camel** · 22nd February 2016, 22:07:PM

Re: stressed to the max!

Have a look on Trust Online for details of any CCJs that you have - you have to search for every possible address separately if you have moved around: http://www.trustonline.org.uk/search-yourself

**cookiecrumb** · 22nd February 2016, 22:17:PM

Re: stressed to the max!

I have not moved. Only a change in name in 2011. As I got married but am now separated. Have spent the last year in between houses but been home since Dec but mail is picked up was loving with dad for a bit as my mum passed away but nothing received and I was only out of house from March till Dec last year but came home every few days. I'm a too late to stop this? Thank you for replying, can't stress how freaked out I am and happy that someone responded. What do I do after that lol. Obviously something has gone on somewhere but my bank etc have all my up to date info. Phone no etc. Surely someone would tried picking up the phone to me! I had enough calls in 2008!

**cookiecrumb** · 22nd February 2016, 22:26:PM

Re: stressed to the max!

Sounds daft I know but currently can't afford to pay the fees to do search.. zero funds in bank. How else can I get this info? Sorry to harrass you but I'm seriously worried. Should I ring the court or solicitors all I want is time to establish what the hell this is before committing to anything and how come its gone up again. Looking at this order thing though whatever it is. Can I even request documents relating to this? Such as who is it where's the balance come from. I've never been in trouble before lol so havent got a clue on how to sort! Thanks again

- - - Updated - - -

And this notice of attachment of earnings shows nothing to help me!

**Amethyst** · 22nd February 2016, 22:29:PM

Re: stressed to the max!

Your credit file may show it up ( Noddle is free ) but will only show the creditor name and the date of the CCJ. that should give you an idea how long this has been rumbling on without your knowledge.

How much approx is it ?

Can you give us an idea about the dispute on the debt too pls.

Very basically the options are to pay it or apply to set it aside and defend.

**cookiecrumb** · 22nd February 2016, 22:38:PM

Re: stressed to the max!

Debt is for now 1305 with attachment thingy included. Debt was from vanquish credit card defaulted some time 08. After that debt was passed to impact debt solutions and then roxbourgh. Each time the amount was different. Cabot are now listed as creditor.. noodle is my next port of call. Apart from time in 2012 in which I was separated from my husband for six months and last year I have had nothing that I am aware of. I've even called my ex to see if I missed anything and he replies no! All I want to know is how this occurred and why it's so much. I refuse to pay anything if the balance isnt right!
I still have letters from two agencies showing different amounts within one to six months of each other. What's is a set aside please and how would I defend I'm not saying I don't owe it I'm saying I want to know the correct amount! Can I even do that? Again guys just talking is helping calm me down. Thank you so much! X

**cookiecrumb** · 22nd February 2016, 22:42:PM

Re: stressed to the max!

Pulled letters I kept! Impact sent me a letter saying balance was 599 in Oct 08 by may 2009 the debt had increased to 716.42 each time I got nowhere with roxburhe stating we will pass this back to vanquish to investigate and come back to you
Then in June 09 is went down 690.00 with roxburghe
I have challenged this before and will prob have more old paperwork about somewhere

**Amethyst** · 22nd February 2016, 22:44:PM

Re: stressed to the max!

A set aside would be an application to the court, potentially with a hearing in a couple of months time, to explain that you did not receive the court papers and would have defended the claim ( with a reasonable chance of success) if you had received them

If the court agrees then you would be able to put a defence against the claim in. This could be a partial admission of the debt or a full defence based on lack of documents.

There is a cost attached to the application but you may be eligible for fee remission if you are on a low income. The application will put the Attachment of Earnings on hold.

Alternatively you could apply to the court to allow you to pay by installment payments now, as you have only just found out about the claim.

Do you recall how much the balance on the card was back in 2008 ?

Have you ever sent a request for copy of the vanquis agreement to any of the third party debt collection companies? Actually have you had any contact with them at all since defaulting in 2008 ?

**ostell** · 22nd February 2016, 22:47:PM

Re: stressed to the max!

Did you get any papers saying you were being taken to court?
When was the last time that you paid anything off this debt?

If you hadn't heard anything about being taken to court you can apply to the court to have the judgement ie the CCJ, set aside and you start again to defend the claim. To do this you would need to show that you would have a reasonable chance of defending the claim. One of the points would be that the debt is statute barred, which means that you had not made any payments or acknowledged the debt in the 6 years before the court case.

**Amethyst** · 22nd February 2016, 22:47:PM

Re: stressed to the max!

Originally posted by cookiecrumb View Post

Pulled letters I kept! Impact sent me a letter saying balance was 599 in Oct 08 by may 2009 the debt had increased to 716.42 each time I got nowhere with roxburhe stating we will pass this back to vanquish to investigate and come back to you
Then in June 09 is went down 690.00 with roxburghe
I have challenged this before and will prob have more old paperwork about somewhere

Ahh okay, so you wrote to Roxburghe - was that a 'prove it' type letter or just a straightforward 'oi why is it so much' ?

That you have kept paperwork might be useful xx

**cookiecrumb** · 22nd February 2016, 22:56:PM

Re: stressed to the max!

No I did it all by phone as they were ringing my works line at the time and it was constant! Hence the balance reduction if I recall although still not right again though. I would say original debt was for 500.00 no contact with vanquish as debt was passed on and each time dealt with those, they were collecting the debt for vanquish. I just don't understand how I can miss this. It's addressed in my maiden name too. Although banks and ins have been my married name for some time!
Is it a defence to say wrong amount cos I know I owe somthing. I recall asking them about ppi refund too but was told it was a repayment option plan.I'm not gonna lie and say I haven't had a difficult time but I wouldn't have buried my head in my sand and run I wouldn't put my job at risk. I just want to know how why and when. But after a ccj I don't think I'm even enititled to ask. From some of the stuff I've read here! Should I contact the solicitors first or courts. I just need this stress gone. Money just isn't worth it.

**Amethyst** · 22nd February 2016, 23:06:PM

Re: stressed to the max!

I would try the solicitors first and tell them that this is the first you have heard about a court claim, you don't know what the debt is, and could they please send you the details of the court claim so that you can look at their request for an attachment of earnings, and consider whether you need to apply to have the CCJ set aside. If they are anything less than nice and helpful just leave it as it isn't worth the stress. Instead give the court a ring and see if they can send you a copy of the claim/judgment - they will probably tell you to contact the claimant though.

I don't know your financial circs of course, but I am assuming making an offer of the £500 you believe was actually owed is out of the question to put an end to the AoE that way.

When you were with Vanquis originally was that account in your maiden name, and did you change it to your married name while the account was still live ?

**cookiecrumb** · 22nd February 2016, 23:23:PM

Re: stressed to the max!

No I got married after that. I wish I had the original amount to pay lol I've not got in one go two installments maybe! I've not the funds till months end to do even half. And then I'm gonna be pushing it!
All I want is time to sort it It's a bit of shock! Ok so asking for details will they have to give them and how do I respond to the court form. I am sorry but I really have no idea. It's panic stations at the moment! I don't see how I would get a set aside tbh despite having the original letters showing the different balances. I've acknowledge I owe, Plus I have no legal expertise. Daft but serious question how easy are these solictor types to deal with? What are the likelyhoods of getting anywhere with arranging an plan for anything! Again help really appreciated thank you xx

**Amethyst** · 22nd February 2016, 23:48:PM

Re: stressed to the max!

Some (most) are absolutely lovely, but some are complete ar*ses. If you are worried about calling the sols, give the court a try first (Northampton CCBC - Defendant Enquiries: ccbcdefendants@hmcts.gsi.gov.uk - phone numbers on https://courttribunalfinder.service....ss-centre-ccbc ) - there should be the claim number on the AoE document from the court and they should be able to tell you the claimant and the date of the judgment which will help to begin with.

Is this the form you have btw http://hmctsformfinder.justice.gov.u...s/n056-eng.pdf (just to check )

So the Vanquis card was in your maiden name, you never updated it to your married name and never updated any address details with them either? The AoE is the only communication you have had from the court/claimants at all. But previous debt collectors had written to you - had they written to your current address in your married name ? ( basically should the claim have been brought at your address as it was or should have been known)

stressed to the max!

stressed to the max!

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