ZeElk vs Alliance & Leicester

[ZeElk]

Evening all,

This is my first post on the CAG and after avidly reading / taking advice from other peoples threads. However, I think now is the time to maybe get some advice about my own situation…

In November 2006 I experienced some financial “difficulties” and entered into a debt management plan with the CCCS. At the time I had 6 creditors with a total of over £50k in unsecured debt. Don’t ask me how it got that high because I just don’t know. Anyway, out of all of my creditors, I owed the most to Egg, HSBC and Alliance and Leicester (each about 10k). Since then I’ve kept up regular payments and have agreements with all my creditors… all except Alliance and Leicester.

In November 2007 I was sent notification that they were taking me to court for a CCJ. I also received a letter from the saying that whilst they recognised my genuine efforts to pay, they really didn’t care and just wanted a charging order to secure the debt against my home. This was in the days before I discovered the CAG and I entered a defence on the basis that the amount they were claiming was more than what I thought I owed, included all of the interest and charges for PPI which they had agreed to partially refund. I heard nothing until the end of April when I received a notification from the court that the case would be transferred to my local court and Shoosmiths (acting on behalf of A&L) believed I had no hope of defending the claim.

I’m now going to court on the 27th of July and I’m looking for some advice.

I’ve sent the request for information letter off as directed in tomterm8’s sticky and that’s as far as I have got. This is the first time I will ever have had anything to do with a court and I’m a bit terrified of it all

I know that Alliance and Leicester won’t accept my offer of payment and have asked the court for full repayment immediately. They know I have no hope of doing this so I’m assuming they will just put me in default of the CCJ if they get it and then move to secure the debt. I’m really worried about this too since my home is jointly owned by me and my wife. We also have a six month old and I don’t want to find us suddenly homeless because A&L wanted there (now) £7k back.

Any advice anyone could offer would be appreciated.

[Sparkles100]

Hi and welcome.

 

The suggestion seems to be to send a CCA request and see if creditors have a valid (enforcable) agreement.

 

HAve you done that yet?

 

Sparkles

 

PS don't be scared, the whole system is designed to do that to us...don't let them get you down there are some great people on here with good advice. Someone more experienced than me will be along soon I have no doubt!

[tendogs]

ZeElk

 

What's happening with this?

 

Dogs