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CCJ Question

Can a CCJ be avoided even after recieving the claim papers if I am still in dialogue with Creditor?

Also, will a CCJ affect my current account??

Thanks!!

Comments

  • RAS
    RAS Posts: 36,517 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Basically no unless you challenge the case in court. if you do not return the paperwork, the CCJ is granted automatically.

    When did you get the court papers?
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    Basically no unless you challenge the case in court. if you do not return the paperwork, the CCJ is granted automatically.

    When did you get the court papers?


    Today..

    So even though im still in talks about the plan - they arent gonna entertain it?
  • RAS
    RAS Posts: 36,517 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    First - good - as you have time.

    What sort of debt is this, please?

    You need ultimately to defend th case in court, as otherwise you make an offer (based on your plan presumably) but if they reject it you get an automatic CCJ.

    Can you find the default and termination letters they sent before starting legal action.

    If these are faulty, you can halt them in their tracks.
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    First - good - as you have time.

    What sort of debt is this, please?

    You need ultimately to defend th case in court, as otherwise you make an offer (based on your plan presumably) but if they reject it you get an automatic CCJ.

    Can you find the default and termination letters they sent before starting legal action.

    If these are faulty, you can halt them in their tracks.

    Its for credit card debt

    Im not running from the debt, made some mistakes and want to pay it back just cant afford in full. : (

    Ive looked at the guidance on here and other sites and checked their letters - they seem above board.

    Whats the best plan of action?
  • RAS
    RAS Posts: 36,517 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Its for credit card debt

    Im not running from the debt, made some mistakes and want to pay it back just cant afford in full. : (

    Ive looked at the guidance on here and other sites and checked their letters - they seem above board.

    Do you mean that you have checked whether the default letter is OK?

    Have you ask advice from 10past6?
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    Do you mean that you have checked whether the default letter is OK?

    Have you ask advice from 10past6?

    Yeah - I have checked.

    I havent - will they be able to help me?
  • 10past6
    10past6 Posts: 4,962 Forumite
    Yeah - I have checked.

    I havent - will they be able to help me?

    Once litigation has commenced it's 99.9% impossible to stop, however, you have certain rights, those being:

    a) admit the debt, this will result in a CCJ being awarded, however, this will reduce your option of disputing the debt any time in the future

    b) dispute the debt, based on the amount being claimed is incorrect, ie your PPI dispute claim.


    c) deny the claim based on the claimant not complying with the correct legislation (i.e default / termination letter)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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