Aplins/Hills Claimform - old Abbey Card Debt

[wish_i_had_a_time_machine]

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.

 

I agree with you but will the judge

I really don't get this process of being able to turn an unsecured debt into a secured one

They state they will accept the monthly offer so don't see why they should be allowed to seek a charging order

But as i said i am not clued up enough to know how this all works

Thanks

[wish_i_had_a_time_machine]

Ok so received my first ever CCJ today whoopie ! NOT !!!

Court have ordered me to pay £20 per month

So can i assume Aplins are still going to try for the charging order anyway and that i should be able to stop them getting it

Can anyone advise the best way to pay them to make sure they get the payment and don't try it on and say i haven't kept up with the installments

Many thanks for any advice

Edited September 28, 2010 by wish_i_had_a_time_machine
spelling

[wish_i_had_a_time_machine]

Anyone?

[Ganymede]

Ok so received my first ever CCJ today whoopie ! NOT !!!

Court have ordered me to pay £20 per month

So can i assume Aplins are still going to try for the charging order anyway and that i should be able to stop them getting it

Can anyone advise the best way to pay them to make sure they get the payment and don't try it on and say i haven't kept up with the installments

Many thanks for any advice

 

 

The Claimant should give you their bank details so you can make payments.

 

Just make sure that you keep records of the direct debits or however you choose to repay.

 

The only way the Claimant can go for a CO now is if they make an application to the court unless you default of course.

[littlebert8]

You can ask your bank to set up a standing order to make the payments direct from your account. That way there will be bank records showing how much you paid and when.

 

I would avoid a Direct Debit as this would give them control.

 

Just watch out for any applications from Hilisdens - the court should send you a copy of any application notice. Post back if they try anything on.

 

Good luck and hope you get back on your feet soon.

[wish_i_had_a_time_machine]

You can ask your bank to set up a standing order to make the payments direct from your account. That way there will be bank records showing how much you paid and when.

 

I would avoid a Direct Debit as this would give them control.

 

Just watch out for any applications from Hilisdens - the court should send you a copy of any application notice. Post back if they try anything on.

 

Good luck and hope you get back on your feet soon.

 

Thanks the standing order sounds best bet

I will write them a letter asking for their bank details and set one up

Will let you know when the CO application comes through as they made it clear that's what they intended

Fingers crossed they don't get it

 

Just one more thing

Who do i pay Aplins Or Dlc or Hillesdens

Edited September 29, 2010 by wish_i_had_a_time_machine
more info

[wish_i_had_a_time_machine]

The Claimant should give you their bank details so you can make payments.

 

Just make sure that you keep records of the direct debits or however you choose to repay.

 

The only way the Claimant can go for a CO now is if they make an application to the court unless you default of course.

 

Thanks will write to them and get a SO sorted

[wish_i_had_a_time_machine]

Just watch out for any applications from Hilisdens - the court should send you a copy of any application notice. Post back if they try anything on.

 

Good luck and hope you get back on your feet soon.

 

OK so received a hearing date from my local court for 1st Dec.

Dosn't say what it's for but it's the same claim number as the CCJ.

So i can only assume it's for the CO application

Only thing is i'm working that day and cannot really take time off.

Is there any chance of me applying for it to be delayed to January as i have a week off then.

Do the courts allow you to change the date or are they set in stone.

Also what the hell do i do now to stop them getting the CO

Many thanks

[wish_i_had_a_time_machine]

I feel it's best to get it sorted asap so will have to get someone to cover for me so will be attending the 1 Dec hearing

[wish_i_had_a_time_machine]

Anyone any ideas of how to stop this CO

Thanks

[wish_i_had_a_time_machine]

Anyone ?