Defend County Court Claim (CCJ)

A customer this week received a County Court Judgment Claim (CCJ) against them from a store card company.
This is rare for a customer in debt management but it does happen.

The options available.

• Apply for an installment order.
• Defend the claim.

Credit & Loan Management Ltd have decided to try a defense by requesting a copy of the credit agreement, details on any payment protection insurance (PPI) (the customer is not sure if they took any out), details on any other charges.  We now await to see what information they provide. We hope they won't be able to provide the credit agreement, or it's very poor and maybe won't be enforceable. Or at the very least it's enough to get them to back off, after all the customer is paying.

If you're having trouble with a county court judgment (CCJ) or any other debt problems, either ask a question on the blog or telephone us for free advice on 0800 0727 844, we will be happy to help.

UPDATE

Credit & Loan Management Ltd have received an offer from the creditor’s solicitors.

They wanted the customer to accept the county court judgment (CCJ) plus £145.00 in costs.  But they would accept £1.62 per month which Credit & Loan Management Ltd is already paying on the customer’s behalf. Plus the solicitors wanted it reviewed every six months.

The net result would have been county court judgment (CCJ), plus £145.00 in costs and hassled every six months for more money.  In addition, once they have judgment they would not be required to provide a copy of the credit agreement.

Following a discussion with our client, Credit & Loan Management Ltd declined the offer on behalf of the customer.

Our client has never refused to pay and even if the creditor cannot obtain a county court judgment (CCJ), it does not mean the customer does not owe the debt.  It merely means the solicitors cannot enforce the debt by means of a county court judgment (CCJ).

Credit & Loan Management Ltd have therefore offered a Tomlin order for £1.62 per month or for the creditor (or their solicitors) to provide the credit agreement and other details.

A Tomlin Order is an agreement entered into court, but there is NO county court judgment (CCJ), but if either side break the agreement then the Tomlin order is opened and there could be a court hearing.

The fact the creditor's are even trying to make a deal suggests they cannot provide a credit agreement or the one they have is poor.

We are waiting to see the creditor’s (or their solicitors) response.

SUCCESS.
FINAL UPDATE.
The creditor's solicitors have offered a Tomlin order at the rate of £1.62 per month and no county court judgment. This means if the customer continues to pay £1.62 per month and has an annual review, no further action will be taken. The customer is very happy to pay the debt at a rate they can afford and always had the intention to pay the debt in full when things improve.

Remember if you're having trouble with County Court Judgments (CCJ's) or any other debt problems, either post a comment on the blog or telephone Credit & Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.