Avoiding new 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?

MEM62

M.Johnson wrote: »

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

Only a few more years until the 6 years are up. If this CCJ goes through the 6 years start again. Which is why they are going for the CCJ.


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. What percentage they take will depend on the age of the debt and their asessment of what they are likely to be able to recover from you. 10% is a very low figure and I can't see them taking this.


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. They are likely to use Bailiffs and will come after what assets you have, if any. As and when you do get a job they may also apply to garnish your wages so do not assume that they will get nothing.


Do I have any other options?

If you provide some details as to the size and nature of the bebt, along with your reasons for being unable to settle it, I am sure that there are forum members that will be able to provide some constructive advice.

mjm3346

Already posted here

https://forums.moneysavingexpert.com/discussion/comment/63769103#Comment_63769103

Tixy

You really need to give some more information.

Who is taking court action against you? what sort of debt does this relate to?

Do you have any assets? are you a homeowner or do you own a car for example?

You could possibly try offering them a reduced full & final settlement but your time to do so is likely running out if they have already commenced court action.
You would need to send them a letter to do so -I'd suggest you make it clear that the money would be a gift from a relative and that they will only gift it if it pays off the debt in full. But I would also reply to the court at the same time in case they do not accept the F&F offer.

National_Debtline

Hello there.

M.Johnson wrote: »

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

Has the claim already been issued? Whilst it's possible to stop the action you'll normally need the agreement of the 'claimant' - that's the person or organisation that has brought the claim against you. Typically they might do this if you have been able to come to an arrangement that they are happy with. They would need to apply to the court to stop the action.

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

Once the judgment has been obtained against you it will sit on your credit file for 6 years unless you can pay it off in full within 1 month.

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.

If they have sent a claim have you responded? The courts may allow you to pay a token payment of £1 per month against the judgment. It's important to seek an order to pay by instalments, regardless of how small, as this should prohibit their abilities to use further enforcement measures - such as bailiffs.

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.

Although it's a very low amount we have seen occasions where settlements as low as this have been accepted. It is incredibly rare, however.

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.

You would always seek confirmation that they are happy to accept the settlement, and to also ensure that they stop the CCJ process from continuing.

Here are a couple of useful fact sheets:
1. Replying to a County Court Claim:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=20_replying_to_a_county_court_claim_form

2. Full & Final Settlements:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Do I have any other options?

Potentially you do, is this the only debt you have? How much would you say your total debt stands at altogether?

Best wishes,

David.