Attempting a CCJ

[UK-Guy]

Hi all

As far as I was aware once a compnay has defaulted you then it stays on your records for 6 years and then drops off. Ive been in a payment plan with a DCA for the last few years on a debt that defaulted in April 2010.

I stopped paying as I wanted to negotiate a full and final and they came up with a figure bigger than their full and final offer last year. I have since requested their complaints procedure and they have now issued a court summons in order to get a CCJ registered. Can they do that? If they can then in theory that will be on there for another 6 years?

Thanks in advance

[nemesis45]

Re: Attempting a CCJ

Hi all

As far as I was aware once a compnay has defaulted you then it stays on your records for 6 years and then drops off. Ive been in a payment plan with a DCA for the last few years on a debt that defaulted in April 2010.

I stopped paying as I wanted to negotiate a full and final and they came up with a figure bigger than their full and final offer last year. I have since requested their complaints procedure and they have now issued a court summons in order to get a CCJ registered. Can they do that? If they can then in theory that will be on there for another 6 years?

Thanks in advance

All defaulted accounts are removed from credit files on the 6th anniversary of the default.

The debt " falling off" credit files does not mean it no longer exists.
Unfortunately yes they can issue a claim.
Is this still on credit files?
Have you checked your credit files recently ? If not you can check Noddle Free Online.

Please post a suitably redacted copy of the claim form (N1) so we can help you with that.

nem

[UK-Guy]

Re: Attempting a CCJ

Hi Nem
Thanks for the quick response. Ive checked Noddle and its not showing on my file. Ill upload the form below.
Ive got to acknowledge the claim. Im not really disputing the whole amount so assume I need to defend part of it rather than the whole amount?

[nemesis45]

Re: Attempting a CCJ

Hi Nem
Thanks for the quick response. Ive checked Noddle and its not showing on my file. Ill upload the form below.
Ive got to acknowledge the claim. Im not really disputing the whole amount so assume I need to defend part of it rather than the whole amount?

What are you not defending?

nem

[UK-Guy]

Re: Attempting a CCJ

Hopefully showing image on this post

[UK-Guy]

Re: Attempting a CCJ

I dont dispute I owe money - I did default on it. I entered a payment plan but wanted to settle it on a full and final but while we were negotiating they advised that they were not interested anymore and that if no payments were made then they would take further action. I explained we were still negotiating a F&F and so asked for their complaints procedure. Explained i was not happy with them and so I will contact the Ombudsman. In the mean time they have issued this

[UK-Guy]

Re: Attempting a CCJ

Ive also emailed a senior manager twice asking why they are not following their own complaints procedure.

[nemesis45]

Re: Attempting a CCJ

Hopefully showing image on this post

What amount are you disputing if you are only defending part of the claim.

The statement of claim is very particularised so you need to make the CPR 31.14
request to BW Legal comprehensive.
You request A copy of the agreement the Notice of assignment and the Invoices
allegedly raised.

SO your priorities are Acknowledge service online , CCA request. to the claimant, CPR 31 ,14 request to BW

There's a template for each request in the forum library.

nem

[Debt Camel]

Re: Attempting a CCJ

I stopped paying as I wanted to negotiate a full and final and they came up with a figure bigger than their full and final offer last year.

If this is the basis for your complaint and the basis on which you want to defend part of their claim, I don't think you have much chance of success. If you refuse a F&F, a lender isn't obliged to offer a better one the next time.

If there is a different reason why you want to defend part of the claim, what is it?

I agree with [MENTION=29921]nemesis[/MENTION] about asking for documents - this may give you some other grounds for defending the claim.

[UK-Guy]

Re: Attempting a CCJ

Hi Nem

Im disputing the extras they have added such as interest. I initially made a F&F offer for £450 and they wanted £1300. I then agreed to pay the amount of £750 in F&F which was the amount they wanted last year minus my payments already made during the year. Im aggrieved with the fact that just because Ive regestered a complaint and threatened to go to the ombudsman they have just completely disregarded their own complaints procedure and issued this.

With regards to the notice of assignment, CCA and default notice etc this was requested a few years ago when they first contacted me so this has already been done. Is it still worth pursuing the CPR 31.14 for the invoices?

With the acknowledgement shall I defend the amount in full?

[Debt Camel]

Re: Attempting a CCJ

With regards to the notice of assignment, CCA and default notice etc this was requested a few years ago when they first contacted me so this has already been done

so they supplied these?

[UK-Guy]

Re: Attempting a CCJ

I honestly cant remember. I know they would have been requested when it first defaulted

[Debt Camel]

Re: Attempting a CCJ

I think you should ask for them again then.

[UK-Guy]

Re: Attempting a CCJ

Ok thanks Camel

I'll request the documents that Nem suggested and acknowledge the claim online.

Am I right in thinking I need to tick to defend the whole amount and not accept part of it?

Thanks

[UK-Guy]

Re: Attempting a CCJ

Hi both

So just to reiterate and confirm Im doing it right I need to....

1. Acknowledge claim online and defend the whole claim?

2. Send CCA request to the claimant

3. CPR 31.14 request to BW for copy of the agreement, copy of notice of assignment and also invoices allegedly raised?

Thanks