Can a creditor cancel a CCJ claim?

cushde

Can a creditor cancel a CCJ claim if I call them and offer to pay in installments? Is it possible for them to withdraw the claim?

I have recently received a claim form from a credit card I had years ago, I am on track to be debt free in 4 years and don`t have the money to pay this claim and it would add 6 more years onto my file which would be a killer.

Is it possible for the debtor to cancel ths claim if I call and arrange a payment? Its from Lowell/Bryan Carter Solicotors.

Thanks

boo_star

Yes.

They almost certainly won't unless you pay in full though.

chanz4

if they have had to issue this to get a response, I would say no they wont unless in full.

Atidi

cushde wrote: »

Can a creditor cancel a CCJ claim if I call them and offer to pay in installments? Is it possible for them to withdraw the claim?

I have recently received a claim form from a credit card I had years ago, I am on track to be debt free in 4 years and don`t have the money to pay this claim and it would add 6 more years onto my file which would be a killer.

Is it possible for the debtor to cancel ths claim if I call and arrange a payment? Its from Lowell/Bryan Carter Solicotors.

Thanks

A CCJ is a County Court Judgement; it is issued by a county court. If the matter has already been reviewed by the court and judgement given, then a creditor cannot change that.

If you mean a court summons, then a creditor may opt to withdraw their claim if you have now offered to pay albeit by installments. However, if I were the claimant who had exhausted all other avenues and resorted to a court summons, I wouldn't withdraw the claim if a defendant only now decided to cough up. Better for the claimant to allow the claim to stand, and accept payment by installment for it supported by the original summons. (If you have received a summons, the paperwork will explain how to admit the claim and offer payment by installment). If any of those promised installments then fail to materialise, it would be very easy to go back to the court and request all outstanding amounts to be paid immediately.

The claimant does not have to accept an offer to pay the claim by installments, but if they refuse, you could ask the court to assess and pass judgement on the offer (e.g. that the installment offer is reasonable and you can show this is all you can genuinely afford)

happy_bunny_2

If taken out before April 2007, do a CCA request.

You could defend the claim on the basis of no valid agreement exists and hope they don't have it.

They need the signed original on cards before this date.

jamesd

When was the last payment on the debt made? When was the last time you agreed that you owed the money? If this was six years or more ago the debt is statute barred and you would respond to a county court claim with a defence that the debt is statute barred. A CCJ cannot be properly obtained for a statute barred debt but some debt collection companies, sometimes even using the name of a solicitor, will try it anyway in the hope that you won't know this and won't file the defence.

If the name of the solicitor is being used and it is statute barred you may also point out that the solicitor is supposed to be an officer of the court and not mislead the court by seeking a CCJ when they as a legal professional know that a claim is statute barred. Telling them that if they proceed to seek a or threaten to seek a CCJ when it is statute barred you will make a complaint to the Solicitors Regulation Authority on the basis of their poor conduct in debt recovery work using their name.

If it is statute barred don't use any form of words that may indicate that you accept that the debt is owed by you. Simply discuss "the amount being sought" and the means being used to try to collect it from you.

Bonfire_Bride

Unless you pay in full before the CCJ is awarded - you will receive a CCJ marker on your file.

Even if you opt to pay in installments, a CCJ will still be recorded.

Unless they have a very lenient litigation department...

AppleDap

Yes it can be done as I've done it myself with Bryan Carter.

My husband received a claim from Nottingham county court in 2011, Bryan Carter were the solicitors for Capital one. We couldn't afford to pay it off in full before judgement so I (with my husband) phone Bryan Carter and asked if we could pay it off in instalments if they agreed to not persue it in court. They agreed if I paid it off over 6 months as they said that they had 6 months to get judgement if it wasn't paid. We eventually paid it off over 12 months with their agreement to extend to 12 months (a few months in).
They didn't get a judgement.
So give it a go, it worked for us with the same solicitors.

jamesd

Bonfire_Bride wrote: »

Unless you pay in full before the CCJ is awarded - you will receive a CCJ marker on your file.

If a CCJ is impoperly obtained it can be removed. Even if properly obtained it can be removed if the debt is paid in full soon after the judgement.

Bonfire_Bride wrote: »

Even if you opt to pay in installments, a CCJ will still be recorded.

Agreeing to pay by instalments does not result in a CCJ. If a CCJ is granted the payments will have to be affordable in combination with all existing debts and pro-rata repayment of all debts is what the court will expect, using only money left over after paying priority bills and necessary reasonable living costs.

Not that this makes any difference at all if the debt is statute barred, since all that's needed to avoid a CCJ then is to file that as the defence to the claim.

Triumphstag

Hi,
I post on consumeractiongroup.co.uk, under another name about debt.


In answer to your question, yes the CCJ can be withdrawn, if you are liable for the debt, under a Tomlin Order.
A Tomlin Order is basically a court sealed agreement between you and you creditor that binds you to paying an agreed sum every month. It does not show on any public register or credit report.
However, if you fail to keep to your side of the agreement the creditor can seek immediate enforcement thro' the County Court and the a CCJ is registered.
Tomlin Orders are not suitable for everyone and you will have to negotiate with the creditor to get them to agree to this course of action.
Tomlin Orders are often agreed if the debtor will lose their job if they get a CCj, i.e financial services.


You must establish if the debt is real, not made up of PPI and penalty charges, is not statute barred, that a legally enforceable Consumer Credit Agreement exists, however if papers have been issued you need to start sorting it out today.
I urge you to post on cag, they are the best site for debt and have a lot of very knowledgeable people who can help you.
MSE are great for many other topics, I come over to MSE to look at private parking because the quality of advice on cag is awful, but MSE don't do debt well


Best of luck,
Triumphstag