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CCJ Claim help please

Hello,

I have a number of credit debts from 5 years ago which were defaulted on during a particularly difficult point of my life.

Having got back on my feet recently, and not having heard anything but a cycle of debts been sold from recovery agency to recovery agency during the past 5 years, I had been hoping these would not be enforced and become statute barred, allowing a fresh start.

Everything negative was due to disappear of my file in March.

Today, I have received a county court claim form for one of the debts. I have checked, and I do have a letter from the collection agency saying 'court action may be taken', but I have had lots of these from different agencies over the years before they sell the debt to another.

I'm currently in a bit of a state, not because of having to repay the debt, but because I am now worried that 'the clock will be reset' on me, and a CCJ will now destroy my credit file for another 6 years, despite the debt being from 5 years ago.

I'm sorry if this is answered somewhere else. I did do a search, this site and the rest of the net.. but I'm currently a bit worried about this and I'm not doing a very good job of searching, so I would really appreciate it if someone could help me out with a bit of info.

I am not in a position to pay the amount inf full (£4k), but can definitely pay installments.

My questions specifically are:

Can I arrange a payment plan with the creditor, cease the court action and not have a CCJ on file?

If not, and I satisfactorily arrange a plan with the creditor, does this still appear as a normal CCJ on file?

If not, Will the CCJ be dated form the claim date, and as such appear on file for another 6 years, even though the original debt default was from 5 years ago?

My heartfelt thanks to anyone who takes the time to reply.

Comments

  • nottoolate
    nottoolate Posts: 1,359 Forumite
    I]Can I arrange a payment plan with the creditor, cease the court action and not have a CCJ on file?

    no
    If not, and I satisfactorily arrange a plan with the creditor, does this still appear as a normal CCJ on file?
    yes
    If not, Will the CCJ be dated form the claim date, and as such appear on file for another 6 years, even though the original debt default was from 5 years ago?

    dated from the eventual judgement date. yes will shaft your credit file for another 6 years

    if you cant pay this all off within 28days then get on to CAG and legalbeagles legal forums to see if you could have a way to defend and prevent the ccj happening.

    http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

    http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
  • EycplUK
    EycplUK Posts: 777 Forumite
    Can definitely recommend getting in touch with Legal Beagles for advice ! they are brilliant ! a claim form is a long way from a CCJ so seek the advice and save yourself a lot of worry !
    A Bast**d I May Be ! I Was Born One !
    Whats Your Excuse ?
  • You say you have a number of debts and this one is 4k

    Maybe now is the time to get a strategy together to deal with the whole picture
  • Arranging a payment plan (even if it lead to them dropping the court case - which is unlikely) would still "reset the clock", as far as the debt going SB.
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