www.iva.co.uk

Today I have rec'd a CCJ claim from a company I didnt even know had my account!!! CL Finance. My GE money (mothercare account) has apparently been passed to them and I had notice on the 12th March!!! Nothing rec'd.

The last I knew 15 Feb it was with Viking Debt Recovery and agreed to payplan payments told me not to worry. Also 5 March rec'd statement of account from GE Money.

And today I rec'd this claim - I cant believe the cheek. It says that I have 14 days plus 5 days from notice of service which was dated 17 March yesterday!

Cheeky cow at Cohen Solicitors asked me if I had a problem with my post - well no I wouldnt have rec'd CCJ claim if I had - how stupid can a person be.

My creditors meeting is on the 3 April, I email Payplan immediately and she rang me back immediately. They said to send the papers to them signing section 12 the declaration and they will deal with it, have now posted to them as had a freepost env left over.

14 days plus 5 takes me to the 4 April including weekends (do they include weekends and Bank holidays?) What happens now. What will happen if creditors say no.

I am really angry that they can do this and I never knew they had my account - steam is coming out of my ears as I type, sorry to go on.

Expert opinions would be greatly rec'd. Sorry for so many questions in one post.

The thing that really gets me is the claim is only for £1100 I have bigger creditors than that, my smallest is £600 and they are next in line.

Does it use the word "may" go for a CCJ or anything like that?

I got quite alot of those and that was still early stages?

No it is an actual CCJ Claim pack with a claim reference number and defendant ie, me detailed.

I have had plenty of threats but this is the real mccoy!

I'm really out of my depth but can you not get an interim order which pauses proceedings?

I dont know hoping Payplan will get the papers tommorrow and tell me how they are going to play it.

How did you get on today?

Yes i got approval with no mods £283 a month on 59k debt, MBNA sold to MAX so Evershed voted yes.

Got away with no mods.

I'm hopeful with commision that I can earn I could (with some luck) get cleared in 2/3 years.

Great stuff - congrats. I am with Payplan too, my payments are £225 in proposal with 22p return what was your return and who was your IP.

Thanks

My return is 28p

He is my Chairman too - glad he is nice, I hope I am as lucky as you and they can shove their CCJ.

I am really please for you, cause I know from your other posts that you werent very confident.

I wasn't confident due to MBNA being the main creditor with 66% + of the debt.

Nick said I was lucky.....


I'm sure you'll be alright Eva.

Wondered if any of the legal eagles had a view on this as I have not been issued with a default notice for this account and also wasnt told that this company had my account. Is what they have done legal. I have spoken to the Court and they say I have until Mon 7 April to act. My creditors meeting is Thurs 3 April, heres hoping.

Thanks again in advance.

Hi

Normal response time is 14 days from service ( 2 days after date of claim allowing for post) - however if you complete the acknowledgement of service form advising you wish to defend then the period is extended to 28 days from service.

Comfortably within that period you will have confirmation of your IVA and can then file the defence on the lines of Touche in IVA refer to supervisor.

All the best Alan

www.debtdr.co.uk

Thanks for that Alan, but isnt what they have done illegal and hence should be set aside, as no default issued or received. they didnt inform me that they had taken over my account and hence did not give me chance to make them a reasonable offer via my current DMP. Also as at the 6 March 2008 on my Experian credit report it states the account is "U" which means account in query. I really cant get my head around it. GE Money who the account was with havent even registered a late payment on my credit report.

Hi
A creditor does not have to serve a default before a CCJ summons.
I thought that the U on a credit report related to a credit facility unused for that particular month.
Your IVA will overide any CCJ and make it void so do not worry about it.Leave it for your IP to sort out and good luck for your creditors meeting
Regards