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Ccj

Can someone please answer this?

(Because the government site, doesn't make it very clear)


If I get a summons and respond with my SOA and offer of payment..

(Accepting I owe the debt concerned etc)


And it is a realistic offer based upon my income (or lack of).


And they refuse that offer, can they send in the bailiffs?





:confused:

Comments

  • So_Sad_Angel
    So_Sad_Angel Posts: 7,363 Forumite
    foulplay13 wrote: »
    Can someone please answer this?

    (Because the government site, doesn't make it very clear)


    If I get a summons and respond with my SOA and offer of payment..

    (Accepting I owe the debt concerned etc)


    And it is a realistic offer based upon my income (or lack of).


    And they refuse that offer, can they send in the bailiffs?





    :confused:

    Hi Foulplay

    Not quite sure here...depends on the creditor I guess. Although I had a CCJ that when I responded the Solicitors then accepted £1 a month...based on soa affordability. If there is an offer ....any offer based on income, then not sure the judge would grant an order for baliffs?

    Anyway my comment will bump up for thers` comments.

    Take care Angiex
  • Hiya
    If you make an offer and its accepted - then all good as long as you maintain your payments.
    If your offer is rejected, then the court determine the rate of payment (and sometimes this can be forthwith (the whole amount).

    The only time the bailiffs can be instructed is if you default on the payment rate set. Generally if the court determine the claim is to be paid in full it is because the creditor is after a charging order.

    If your offer is rejected by the creditor and you feel it is a justified offer then you can request a hearing and put your arguments across

    With a civil debt, you would receive a warrant of execution if the bailiffs had been instructed.

    So in essence, there is a long process before bailiffs are involved.

    There is advice available out there and I know the charities are really busy but I've found that if you ring community legal advice they may be able to help
    :o BR 12th August 2009 :o
    :T ED 11th June 2010 :T
    BSC Member 283
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