Avoiding CCJ's

M.Johnson_2

I have had a date for the CCJ, is there any possible way to avoid it?

Only a few more years until the 6 years are up. If this CCJ goes through the 6 years start again.


I am out of work and am not able to pay even £1 per week, they know this but still want to go ahead with the CCJ.


My Dad has said possibly he can lend me some money but not that much. I want to ask them if they will consider settling for 10% of the debt but not just taking that 10% and still go through with the CCJ.


I want a guarantee that this will settle it, so they can either take the 10% now or go through with the CCJ and then get nothing and have all those extra costs they have to pay for.


Do I have any other options?

mjm3346

Only a few more years until the 6 years are up. If this CCJ goes through the 6 years start again

They must think you have the means to pay something now otherwise it makes more sense for them to leave it to almost the 6 year limit before going for it so they can keep you on the hook for much longer without needing to go back to court to extend the CCJ.

M.Johnson_2

mjm3346 wrote: »

They must think you have the means to pay something now otherwise it makes more sense for them to leave it to almost the 6 year limit before going for it so they can keep you on the hook for much longer without needing to go back to court to extend the CCJ.

Is this really how they operate? I can easily prove no income, my wife has all the benefits in her name and they go towards the kids and everything. I just live there and she feeds me, but I have no allowance or anything. I am just full time looking for work.

Would they really try a CCJ just before the 6 years up? Sneaky to say the least.

jacques_chirac

M.Johnson wrote: »

Is this really how they operate? I can easily prove no income, my wife has all the benefits in her name and they go towards the kids and everything. I just live there and she feeds me, but I have no allowance or anything. I am just full time looking for work.

Would they really try a CCJ just before the 6 years up? Sneaky to say the least.

There is nothing sneaky about getting you to repay your debts.

Contact the lender and explain you are out of work. Explain that you can make £1 payments now (speak to your wife about this - surely she can find you £1), and that you will be able to make larger payments once you find work. This is a far better approach than ignoring the problem.

M.Johnson_2

jacques_chirac wrote: »

There is nothing sneaky about getting you to repay your debts.

Contact the lender and explain you are out of work. Explain that you can make £1 payments now (speak to your wife about this - surely she can find you £1), and that you will be able to make larger payments once you find work. This is a far better approach than ignoring the problem.

Once I make a payment of £1 the 6 year clock starts all over again.

Or am I mistaken, could someone clarify?

Anondebtadvisor

If they obtain a CCJ this debt will not become statute barred and yes prior to a CCJ your £1 will be classed as an acknowledgment of the debt

M.Johnson_2

Anondebtadvisor wrote: »

If they obtain a CCJ this debt will not become statute barred and yes prior to a CCJ your £1 will be classed as an acknowledgment of the debt

I know if the CCJ goes through it will take another 6 years.

I would rather settle for smaller amount, we are now in negotiations. I may be able to borrow a little off my Dad.

Its better for them to get a little than nothing. But if they are unreasonable then I will just agree to the CCJ, and they know I have no income at all. It will be more costs and more hassel for them.

jacques_chirac

M.Johnson wrote: »

I know if the CCJ goes through it will take another 6 years.

I would rather settle for smaller amount, we are now in negotiations. I may be able to borrow a little off my Dad.

Its better for them to get a little than nothing. But if they are unreasonable then I will just agree to the CCJ, and they know I have no income at all. It will be more costs and more hassel for them.

You seem confused - they are only trying to recoup monies that you borrowed, they are not being unreasonable.

I am sure with your efforts to find work you will soon be able to make reasonable payments towards your debts. Best of luck to you in finding work.

mjm3346

M.Johnson wrote: »

I know if the CCJ goes through it will take another 6 years.

Once they have it they can go back to court to seek to extend the time.

National_Debtline

M.Johnson wrote: »

I have had a date for the CCJ, is there any possible way to avoid it?

Only a few more years until the 6 years are up. If this CCJ goes through the 6 years start again.

Hi there

Can you clarify what you mean by "a date for the CCJ"?

If the creditor has already issued proceedings against you i.e. a claim form, then the 6 year period is irrelevant. This is how long the creditor has to bring action against you.

That is not to say that the creditor won't be prepared to listen to lump sum settlement offers, but you would need to make it worth their while, bearing in mind the costs they will have incurred in issuing the claim.

Guidance on negotiating "Full and Final" settlements can be found in our fact sheet:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers


Regards

Dennis @NDL

John1993_2

M.Johnson wrote: »

Once I make a payment of £1 the 6 year clock starts all over again.

Or am I mistaken, could someone clarify?

Well yes. They know that you are trying to find ways out of paying, or of resetting the clock, which is why they are going to court.

Why don't you want to reset the clock? Don't you want to repay your debt?

Edited to add, you are on another thread talking about buying a Playstation 4. You should not be buying luxuries when you are being used for your debts. Something doesn't add up here.