Aplins/Hills Claimform - old Abbey Card Debt

[wish_i_had_a_time_machine]

Hi

I have received a Northampton County Court Claim from Aplins for Hillesden for a abbey card debt that Dlc bought

Its for £3k and they have told me they are seeking the ccj purely to get a charging order on my property

I don't have the knowledge to fight the claim and i do owe the money

My question is

I have a total of £40k debt spread over 10 different creditors Hillesden being one of them

I have approx £20k of equity in my property

If sold once solictors and estate agents fees are taken out there would only be about £17k left

So would Aplins once they got the ccj for £3k likely get a charging order on my property

Or would i be able to get it refused due to the fact the equity dosn't cover all the debt

I knew it was only a matter of time before i got a ccj but i don't want a charging order on my property if a can help it

Any advise would be appreciated

[wish_i_had_a_time_machine]

I also have another question

Does a husband have entitlement to 50% of the equity if he is not on the mortgage

Any help appreciated

[littlebert8]

Hillisdens are trying to get ahead of your other creditors by securing the debt against your property. If it is your intention to admit the debt, then it might be better if you try to negotiate an affordable payment plan with them before they issue a claim. This will make them look unreasonable if they request a forthwith judgement that they know you can't pay simply so they can then apply for a charging order.

 

The fact that there is insufficient equity to cover all your debts is irrelevant to them obtaining a charge. As is any share of equity your husband might be entitled to.

[The Mould]

OK WIHATM

 

Husband needs to be named as joint owner in order to be entitled to a 50% share of any equity.

 

Have you sent off a CPR 31.14/31.15 request for a copy of the documents that the claimant intends to rely upon?

 

What documents are mentioned in the Particulars of Claim? (POC's)

 

Are you going to defend or admit the claim?

 

Are you liable for the amount claimed?

 

Kind Regards

 

The Mould

[wish_i_had_a_time_machine]

Hi "the mould & littlebert8 " i did a CCA request to DLC when they were sending letters about the debt

I received that and i was informed via this forum that it was enforceable

I have admitted the claim because

A - iv'e been told it's enforceable

B - i owe the money

C - i'm not clued up enough to try and defend it

I did try a full and final settlement of £800 for the £3000 debt but they refused

I have sent back the court form to Aplin admitting the full claim and requesting they accept £20 month payment

My income being £1800 month and bills being £1700 month

Not taking into account the 9 other creditors i owe £37k to i am not making any payment to at the moment

[postggj]

Just because a ccj is awarded does not mean the dca will get a charging order.

 

If you default on payments set by the court, then a charging order may be granted

 

a court could set payments of £1 a month if you have other debts so dlc/ hillesden can sod off

 

i repeat

 

a charging order can only be applied if you default on payments ref a ccj

[wish_i_had_a_time_machine]

Hi postggj

Thanks for the reply

I've read so many conflicting views

So i hope your right

Fingers crossed as i have no intention of missing any payments on the ccj as long as they are resonable

Thanks again

[postggj]

BEEN THERE

DONE THAT

GOT THE TSHIRT:lol:

[littlebert8]

I had the same letter before action from Aplins - it says that they will be seeking a forthwith judgement, not that they expect you to pay it, but so they can apply for a charge and then negotiate installmentsu.

 

I think it could be argued that this approach is an abuse of process, so be prepared to show this letter if Aplins try to vary any installment order made by the judge.

[postggj]

Remember

 

its the court that sets the repayments, not the creditor

 

just make sure you have an income expen on paper before you go into court to show the judge after judgement

[wish_i_had_a_time_machine]

Thanks littlebert8

I will keep hold of it incase needed

[wish_i_had_a_time_machine]

Hi postggj

I thought as i was admitting the full claim i wouldn't need to go to court

Is that not the case

Many thanks

[postggj]

the court would ask for an income/expen form from you in that case

 

make sure they get it

[Ganymede]

Hi postggj

I thought as i was admitting the full claim i wouldn't need to go to court

Is that not the case

Many thanks

 

You won't. Just send the fully completed Admission to the Claimant's solicitors with your offer and they will either accept it and that will be the instalment rate, or reject it and the court will decide the amount.

[wish_i_had_a_time_machine]

the court would ask for an income/expen form from you in that case

 

make sure they get it

 

Will do thanks for your help

[wish_i_had_a_time_machine]

You won't. Just send the fully completed Admission to the Claimant's solicitors with your offer and they will either accept it and that will be the instalment rate, or reject it and the court will decide the amount.

 

That's what i've done

Thanks

They have already made it clear they are only seeking the charging order so i doubt they will accept the £20 month i offered

Just see what happens now

[wish_i_had_a_time_machine]

Hi all

Received a letter from dlc today stating they have instructed Aplins to reject my £20 month offer. The reason for this is that we wish to persuade the court to make an order for payment of the full amount forthwith in order that we can the apply for a charging order on your property

 

There is no intention to seek to enforce the charging order if obtained by applying for an order of sale nor to use it as a lever to try and force you to make payments you cannot afford. Our reason for wanting the charging order is simply to obtain security for the large debt. If successful we will be content to accept payments from you at the rate offered in fact there is nothing to stop you commencing these payments to us now.

 

CHEEKY B*******S

They won't accept £20 month before court but after obtaining a charging order they will

Surely that's not right !

Edited September 21, 2010 by wish_i_had_a_time_machine
spelling

[JonCris]

Hi

I have received a Northampton County Court Claim from Aplins for Hillesden for a abbey card debt that Dlc bought

Its for £3k and they have told me they are seeking the ccj purely to get a charging order on my property

I don't have the knowledge to fight the claim and i do owe the money

My question is

I have a total of £40k debt spread over 10 different creditors Hillesden being one of them

I have approx £20k of equity in my property

If sold once solictors and estate agents fees are taken out there would only be about £17k left

So would Aplins once they got the ccj for £3k likely get a charging order on my property

Or would i be able to get it refused due to the fact the equity dosn't cover all the debt

I knew it was only a matter of time before i got a ccj but i don't want a charging order on my property if a can help it

Any advise would be appreciated

 

This is a common trick of Aplins to lull you into a false sense of security As its not a secured debt you must fight it Your response to the court should be "I am unable to plead as the claimant has failed to particularize their claim"

[wish_i_had_a_time_machine]

This is a common trick of Aplins to lull you into a false sense of security As its not a secured debt you must fight it Your response to the court should be "I am unable to plead as the claimant has failed to particularize their claim"

I'm sorry but i don't understand

If i do respond the way you said

How do i fight it when

1 I have no knowledge of the how to fight it

2 The CCA is enforceable

Thanks

[JonCris]

How old is the debt? as they usually try this on when a debt is time barred

[wish_i_had_a_time_machine]

How old is the debt? as they usually try this on when a debt is time barred

 

Hi i stopped making payments approx 12 months ago

Thanks

[littlebert8]

JonChris, the OP has already admitted the claim!

 

I think the important thing here is to expose the Claimant's blatant abuse of process in asking for a forthwith judgement. The LBA and the claimant's recent letter are clear evidence of this.

 

I'm not familiar with the process for admissions, but I would consider writing to the court enclosing copies of the claimants correspondence and reiterating that you can only afford to pay £20.

[Ganymede]

JonChris, the OP has already admitted the claim!

 

I think the important thing here is to expose the Claimant's blatant abuse of process in asking for a forthwith judgement. The LBA and the claimant's recent letter are clear evidence of this.

 

I'm not familiar with the process for admissions, but I would consider writing to the court enclosing copies of the claimants correspondence and reiterating that you can only afford to pay £20.

 

 

ReEjecting an offer to pay and requesting a forthwith judgment is not an abuse of process. There is nothing to force a Claimant to accept an instalment rate, especially if it will take a long time to repay.

 

The OP needs to attend the FCO hearing with a copy of his I&E and hope for a favourable DJ!

[littlebert8]

The Claimant is not simply rejecting the offer to pay by instalments. They have stated that they are happy with the instalment rate, but that they want to obtain security for the debt. It is this that I consider an abuse of process.

 

If they are happy for the debtor to repay at a rate of £20, they should accept the offer. Only if one of these instalments is missed should they apply for a charging order.

 

Of course the DJ may not see it this way, but I still think they would be interested in seeing, in black and white, what the claimants game is. The content of these letters can only help the OP in getting an instalment judgement.

[wish_i_had_a_time_machine]

ReEjecting an offer to pay and requesting a forthwith judgment is not an abuse of process. There is nothing to force a Claimant to accept an instalment rate, especially if it will take a long time to repay.

 

The OP needs to attend the FCO hearing with a copy of his I&E and hope for a favourable DJ!

 

Hi when you say FCO hearing

Do you mean the First Charging Order hearing

And if so

If i have admitted the claim for Northampton County Court

Can i get the Charging Order hearing moved to my local court

Thanks