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Been threatened with CCJ over credit card. What do I do?

24

Comments

  • eyeopener2
    eyeopener2 Posts: 1,783 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    edited 4 June 2014 at 7:05PM
    https://forums.moneysavingexpert.com/discussion/4895819

    Sign it electronically, but start thinking about how much you can pay if they come back with something. Remember, we are buying some time for you to compose yourself and do the right thing FOR YOU (not them), without panicking and rushing into a payment plan you can't afford.

    Don't worry at this stage but definitely send it recorded.
    I'm Debt Free :j 2/09/2013
    Debt at LBM 30/04/2010 £24,109.38,
  • Dexter274
    Dexter274 Posts: 26 Forumite
    Sign it electronically, but start thinking about how much you can pay if they come back with something. Remember, we are buying some time for you to compose yourself and do the right thing FOR YOU (not them), without panicking and rushing into a payment plan you can't afford.

    Don't worry at this stage but definitely send it recorded.[/QUOTE]


    Sorry to sound thick but how do I sign it electronically? Thanks again!
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    After 6 years of non-payment/acknowledgement of the debt then it becomes statue barred.
    If you send them the prove it letter you are not acknowledging the debt and are putting the ball back in their court.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • Dexter274
    Dexter274 Posts: 26 Forumite
    After 6 years of non-payment/acknowledgement of the debt then it becomes statue barred.
    If you send them the prove it letter you are not acknowledging the debt and are putting the ball back in their court.
    df





    I was thinking the same thing but do I ignore the letter and risk them taking me to court?


    The letter has been sent to my current address where I've not been too long so no idea how they've got my address and its also in my old surname which I haven't used for a while after my divorce so I was thinking their clutching at straws thinking I may live here.


    I don't know what to do for the best!
  • Dexter274
    Dexter274 Posts: 26 Forumite
    Didn't sleep a wink last night just not sure what to do for te best. Like said above if I send the letter I'm acknowledging it.
  • hohum
    hohum Posts: 476 Forumite
    Part of the Furniture Combo Breaker
    Dexter274 wrote: »
    Didn't sleep a wink last night just not sure what to do for te best. Like said above if I send the letter I'm acknowledging it.

    Did you read the link to the 'prove it' letter?

    The letter does not acknowledge the debt. It says you do not have knowledge of the debt and ask for further information. If you thought that the debt was paid, it's reasonable for you to request information. This is not acknowledgement.

    Did you go back and check the letter that the DCA sent you? As other posters have said, does it say 'MAY' or 'MIGHT' That does not mean 'WILL'.

    Reread the posts and this thread, re read the letter you have been sent and have a proper read of the prove it letter. I get the impression you are so anxious that you are not taking on board anything people are saying!

    I think what people are trying to tell you is:

    - CHECK THE LETTER

    - DON'T PANIC

    - SEND THE DCA A PROVE IT LETTER

    - IT IS NOT A COURT SUMMONS AND IF YOU TAKE ACTION AS ADVISED IT'S LIKELY YOU WILL NOT GO TO COURT

    Sorry for shouting, you just seemed to have your wheels in a spin so thought to get your attention :D

    You have to understand, all Marlin want to do is get the money back. They have no personal feelings about it :) They will do everything legal to get you to pay. They know that the words 'court' send people into a panic so they use them. What you have to do is not panic, but take action. Once you have taken steps to address the problem you should hopefully feel less anxious.
  • Dexter274
    Dexter274 Posts: 26 Forumite
    hohum wrote: »
    Did you read the link to the 'prove it' letter?

    The letter does not acknowledge the debt. It says you do not have knowledge of the debt and ask for further information. If you thought that the debt was paid, it's reasonable for you to request information. This is not acknowledgement.

    Did you go back and check the letter that the DCA sent you? As other posters have said, does it say 'MAY' or 'MIGHT' That does not mean 'WILL'.

    Reread the posts and this thread, re read the letter you have been sent and have a proper read of the prove it letter. I get the impression you are so anxious that you are not taking on board anything people are saying!

    I think what people are trying to tell you is:

    - CHECK THE LETTER

    - DON'T PANIC

    - SEND THE DCA A PROVE IT LETTER

    - IT IS NOT A COURT SUMMONS AND IF YOU TAKE ACTION AS ADVISED IT'S LIKELY YOU WILL NOT GO TO COURT

    Sorry for shouting, you just seemed to have your wheels in a spin so thought to get your attention :D

    You have to understand, all Marlin want to do is get the money back. They have no personal feelings about it :) They will do everything legal to get you to pay. They know that the words 'court' send people into a panic so they use them. What you have to do is not panic, but take action. Once you have taken steps to address the problem you should hopefully feel less anxious.




    Thank you for this.


    Should I sign the document or leave it with just yours faithfully and no name? Someone said to sign it electronically but don't know how to do this.
  • hohum
    hohum Posts: 476 Forumite
    Part of the Furniture Combo Breaker
    Dexter274 wrote: »
    Thank you for this.


    Should I sign the document or leave it with just yours faithfully and no name? Someone said to sign it electronically but don't know how to do this.

    You're using the letter to say you're not aware of the debt and can you have some more info, yes?

    They are suggesting you sign electronically because you are going to send the letter as an attachment by email, due to the response date being tomorrow, right? There are a couple of ways of electronically signing it. There's a fancy way in word, you can also insert a scan of your signature. If you can't figure out how to do either of those, I'd just type in your name. It's not going to be rejected because it's not 'signed'.

    Search 'digitally sign' if you're not sure.
  • harveybobbles
    harveybobbles Posts: 8,973 Forumite
    Why bother wasting time with a postage stamp?

    Read post number 8.
  • Dexter274
    Dexter274 Posts: 26 Forumite
    Why bother wasting time with a postage stamp?

    Read post number 8.


    Totally confused now!



    I just don't know what to do now for the best. Ignore the letter and there bully tactics or send this prove it letter and acknowledge they have the right address etc.
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