is this a ccj threat from moorcroft? creditor o2

MATK

hello all

i firstly apologize if this is the incorrect place, i have looked at felt this was the right place,

any way i have priority debts which im dealing with and with help from cab got me on the right path, and hoping apart from a ccj for my water and previous council tax debts with a debt collector, which i hope gets passed back to the council are all under control.
ill be clear from priority debts with in 12 months.

i was told to ignore the no priority debts for now, and call and explain my situation to those who send me letters,


so heres my query
my partner had a long running contract for many years, and i also had o2 payg,

she got given a new phone for her birthday and as it needed a different sim, she entered all her contacts to the new sim, both being on o2 we was surprised the next bill was nearly £200, why,
well apparently she entered two 00 (zeros) on my number, which we checked and that was not correct, but they told us because of this she was charged international sms rates, even tho they could clearly see both phones are registered in the uk
so i refused to pay the silly amount and paid the monthly amount due which was about £21,

so it eventually got passed to a to moorcroft debt recovery limited

today she received a letter as follows


re telefonica o2 (uk) limited balance £256.68

important information - possible litigation

to prevent the above auction please send payment before 16/06/2013 or telephone xxxx

if you do not contact us following the receipt of this letter we may have no alternative other than to recommend to our client solicitors issue legal action against you which may follow.
please note if legal action is necessary and if the solicitors instructed are successful in entering judgment then your debt may increase as follows

current balance: 256.68
solicitors costs for issue of claim form: £50.00
court fees for issuing claim form: £15.00
solicitors fees for entering judgement: £25
total debt if judgment is obtained: £346.68

please contact us now. neither neither we nor our client want court proceedings to be issued and it is still possible for you to avoid this by agreeing a repayment plan that you can afford and maintain




ok so does this mean a ccj? do i respond and offer a £20-£40 a month repayment, as our incomes and out goings are very tight as repayment on other debts are maxed out

i shall let you know my goings on

court fines from 2010, £50 pm clear in 8 months

water ccj £50pm about 3 years at this repayment

rent arrears agreement £100pm additional to full rent around 7 months left. then have £150 court cost applied after rent is clear.

council tax agreement £56, although i have enough to offer £150 to clear the £2000 outstanding, already paid over £800 since last september, if i pay £150 ill be clear in 16 months.

this leaves me about £90-£180 free depending on over time from mine and my OH wages,
we do get dla for my son but i really don't want to use this for any debts as its not mine to use.

so should i respond and are they calling my bluff?

would o2 really enter a ccj for £257


many thanks

rossireps

It looks like moroncroft standard threat. Ive had letters the same from them,I had a debt passed to them and it wasnt dealt with for 2years as I couldnt pay them. Are you going br? or ? If you are then probably ok to just ignore it if not then hopefully someone can advise what they may do. I had a doorstep visit from moroncroft for my debt that was £192 at the time,the worse part being that after i sent him away,they accepted token payments

MATK

hello, thanks for the reply

yes i thought it was a threat, i was told by cab that these are non enforceable debts and they can only but winge and pass on the debt, i will pay them but not at the current time, i have far more important debts.

im not bankrupt nor do i have a dro,

i was told to take one but i said no, and cab basicly batted me out the door and said we cant help any further?!

i dont want to write debts off, i want to pay them, like i say im not deep in debt but as it stands
priority debts are around the £7500 figure, this is water ccj,rent,council tax and cort fine, that includes the following and previously mentioned debts of 1900 with dwp for budgeting and crisis loans from 8 years ago up to 3 years ago
and 1000 with the council for overpaid housing benefit from 2 years ago, so obviously a dro or br is a good idea. but firstly my car is worth slightly more then 1000 and i have more then £50 after all debts. plus i don't want to be made br because i feel altho we dont see much money for ourselves, we get by comfortably every month and we have enough food, gas electric and can still afford to run a car. so i feel its unjustifiable to have my debts that i run up, ok some no fault of my own but still i want to repay what i owe,

then non priority debts probly total around 3 to 4 thousand this includes a bank loan credit card a few contracts etc from when i lost my job and was unemployed for 2.5 years during the down turn.

my oh was working during some of this time so we have a few bits here and there. but now been back in work nears 3 years. and have moved jobs once to halfords were its great and just been promoted to keyholder which hold responsiblity so i know my job is good there, which ive been also been told

so hopefully the next 8/12 months will be a struggle, but i feel were getting there!

as for the other debts i shall then deal with them as they are sent to me, im not about to stir up the muck.

then and only then im going on a loooong holiday, never been on one since i started a family 8years ago, and the trouble of no work, debt and near eviction from here has tested us all. just be nice to be done with debts, becasue between my self and my oh and ctc and working tak credits we get around 2200 a month!

i work 35 hour weeks, my oh works 25 hour weeks, so im literally working my way out of debt lol

cheers

rossireps

Well they could go to court but its a small amount so I spose it depends really. People say oh they dont come round but they can do so anythings possible. Obviously though they cant get what you havent got. For me with no income and the stress of letters and calls br was best. best of luck

fatbelly

It's a non-priority debt so treat it like all the other non-priorities.

If the CAB recommended a DRO, then they must feel that they could present your figures as having less than £50 surplus per month and do a valuation on your car as less than £1000.

From what you've said, that does sound like a good option.

MATK

a dro for now would affect my rent, now cab state they can do a back hand deal with my housing association but thats a big if.

if i was to do a dro that would clear my debt legally. but they gould then evict me on that basis, so for now any way, the only balifs i have, which rarely send letters as i have had dealing with them, they wanted £350 a month which i said would never happen. because , at the time, i hardly earnt that any way, so that was a propitious amount to ask.

since then last year august, which is when i pulled my head from the sand and started sorting things, ive received 2 sets of letters, and one hand delivered letter, to which i watched them walk up to the door, post it and walk of with out even knocking,

the latest letter dont match the previous debt amounts, so something has changed there, im in good standing with the council and explained i was unemployed at no fault of my own, currently they do not give me a penny towards ct or hb, so thats a big bargining chip for me, im paying every thing on time, and i still have just enough left to enjoy life

back to the dro tho, i didnt agree that west kent get a bad deal, ive been living here 8 years and im not about to shaft them

also as im here, i owe dwp apparently 1900 for crisis and budgeting loans,although ive been off jsa for some years now!
i have offered £30 which they accepted but i missed a payment because i opened a second account with my current bank purely for direct debits, which so far has worked flawlessly and 3 months in a row i have paid every thing as should be, but for some reason the dd didnt cross over,
and they sent me a letter stating attachment order or other things, were can dwp take this? ccj or just normal debt collectors, also is that classed as a priority debt, i assumed yes,

also whats the best payment offer for hb and ct over payment, to which is accumulation back to 2005!

fatbelly

Can't answer all those questions now but can you check again about the DRO?

Housing Associations where I live are actually referring people to the CAB in large numbers to get a DRO. They know that if other debts are taken care of their tenants can concentrate (as they are allowed to do) on clearing their rent arrears.

The arrears do go in to a DRO, and if they evicted you, they would have no right to demand or pursue you for this. But while you live in that property, you are allowed to make payments from your up to £50 surplus in order to maintain your tenancy.

So a DRO actually works well for them. Some even agree to write off remaining arrears when the DRO completes, but there is no requirement for them to do this.