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Can they now issue ccj?

I have an old tesco credit card now passed to Robinson way debt collectors

The account is over 6 years old & removed from my credit file even though I have approx £2000 left to pay on it

I am currently paying £50 a month to Robinson way to clear this but am about to go on maternity leave and will not be able to afford this much on statutory pay

I would like to reduce my payments but Robinson way are having none of it & refusing even after I have explained my situation

I would like to reduce my payments to £25 but as they are refusunv and if I can't meet £50 a month can/will they issue a ccj dven though file is off my credit report? I would be decades if I got a ccj against me and this blackens my report for another 6 years

Should I write to Robinson way? I have only dealt with them in the phone & they are being rude to me now


Any help of advice for me?
«134

Comments

  • thatsean
    thatsean Posts: 992 Forumite
    They could - if you've not already been sued for the debt.

    I'd recommend you put together a SOA and send them a letter explaining that £x is your offer, and neither them, a court or a deity of their choosing can get more out of you, as that's all there is.

    Anyone else have any thoughts?
  • Johnhowell
    Johnhowell Posts: 692 Forumite
    Part of the Furniture 500 Posts
    Of course, Robinson Way can not issue a CCJ to you. Only a Court can, RW can only apply to a Court against you.
    Have you spoken to CCCS or PayPlan charity organisations to help you with this debt. They should be able to assist in dealing with RW. Hopefully, others more knowledgable users here will logon soon to give you some more advise. By doing a SOA, as suggested by thatsean above, will aid others enormously to aid you.

    Good luck,
    John
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Bubbles12 wrote: »

    Should I write to Robinson way? I have only dealt with them in the phone & they are being rude to me now


    Any help of advice for me?

    Write to them and keep copies. If they phone you when you have written, do not deal with them on the phone. Think very hard about how you would play this if it went to court. I presume that you would admit the debt but argue on the amount to be paid. So you need to base your offer to RW on an amount which you would justify to a court. Be aware that RW and their ilk have access to your credit files and if they see that you have actually taken out more credit [perhaps after the debt to them dropped off your file], you will get a very hard ride [not suggesting that you have done this, but just making the point in case you have]

    As already stated, RW do not have the power to issue CCJ's. But once anyone mentions taking you to court, you should cease dealing with them by phone and insist on doing everything in writing.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • chevalier
    chevalier Posts: 7,937 Forumite
    Part of the Furniture Combo Breaker
    Is there any chance that some one in the family could lend you the money? That would get shot of it once and for all....
    I want a job that is less than an hour driving away from my house! Are you listening universe?
  • thechippy
    thechippy Posts: 1,938 Forumite
    Write to rw stating that all you can pay is the £25 end of, and they're lucky to get that. If they want to litigate, your soa will likely show you should be paying considerably less.
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • vax2002
    vax2002 Posts: 7,187 Forumite
    have you asked them to produce the signed credit agreement, often when they buy these debts, they dont get it, the first lender sent it to the insurance company to claim the insurance on the default.
    I would start getting a few template letters to ask for the paper work.
    A poster Called Fermi has the templates you will need, find them and PM them.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • vax2002
    vax2002 Posts: 7,187 Forumite
    Also can you post up some dates:
    The date you defaulted (last paid initial lender) and the date you started to pay the debt firm or acknowledged the debt , as you say over six years, it could be statute bareed and you could be paying something you can ignore as the clock can never be re-set.
    I would invest in a really good credit report and start adding dates up.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • thechippy
    thechippy Posts: 1,938 Forumite
    Reading between the lines, i doubt its sb, but requesting the cca is always worth a go.....;)
    Happiness, is a Kebab called Doner.....:heart2::heart2:
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    Was tesco card about pre 2007?
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • eyeopener2
    eyeopener2 Posts: 1,783 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    thechippy wrote: »
    Write to rw stating that all you can pay is the £25 end of, and they're lucky to get that. If they want to litigate, your soa will likely show you should be paying considerably less.

    Do this, do no more.

    RW are scum and need treating like such. If you want to pay them £1 you pay them £1.

    If £25 is what you can afford then write to them telling them that and change your standing order to reflect that. If you have a Direct Debit, cnacel it and arrange a standing order.

    They want anymore, they take you to court. They won't as they know that the court will not look kindly on them.

    Do everything in writing now, nothing over the phone. If they phone, just tell them you have written to them explaining the position and hang up. You will get loads of empty threats as the low life call centre monkeys work on theats and people like yourslef being scared.

    You are doing your best to resolve this situation. That is all that matters.

    Do as The Chippy says.

    I really hate these people.

    E2
    I'm Debt Free :j 2/09/2013
    Debt at LBM 30/04/2010 £24,109.38,
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