ccj close to default timeout

PaulW922

Some not very useful advice for you from the last two posters!

Thrugelmir

PaulW922 wrote: »

Some not very useful advice for you from the last two posters!

Would you prefer that people were dishonest and lie?

Sorry I don't believe in fairies or Santa Claus.

enfield_freddy

spingoblin wrote: »

If for those 5.5 years you had been keeping minimal contact (In writing only), paying a token amount (£1.00 per month) or more if you could have afforded it you would have avoided any CCJ escalation. Then after 6 years your credit report would have been clean again instead of 11.5 years. Thats what happened in my case anyway.

would not paying a token figure for the last five years not have shown as a permanent late payment , and have placed me closer to immediate court action if fir some reason the minimal payment had not gone thru?


I did explain to the company at the start that I was having problems , and they replied with a suggestion of 80% of the figure , this continued, until a deadlock was made, I always offered a payment closer to 35-50% but they rejected it

Tixy

enfield_freddy wrote: »

would not paying a token figure for the last five years not have shown as a permanent late payment , and have placed me closer to immediate court action if fir some reason the minimal payment had not gone thru?


I did explain to the company at the start that I was having problems , and they replied with a suggestion of 80% of the figure , this continued, until a deadlock was made, I always offered a payment closer to 35-50% but they rejected it

If you had just been paying a token payment each month then the credit agreement would still have fallen off your credit file 6 years after the default date.
Whilst they may still have taken court action had you just made token payments they may well not have done so providing they believed you were paying what you could afford. By paying nothing it is very likely you increased the chance of them taking court action.

Ideally rather than ignore the letter now ask the court to allow you to pay in installments at a rate you can afford. That reduces the chance of enforcement action.

If you cannot afford to pay within a month then the CCJ will be on your file for 6years from the judgement date.
How much is this debt? if it is going to take you 10years to afford to repay it then does it matter if it impacts on your credit file for the next 6years? if you cannot afford to repay this debt then presumably you wouldn't be wanting to take on any more debt anyway?

If this is a sizeable debt that is going to take you more than 10years to repay then you may want to get some free impartial advice from one of the debt charities to consider if some form of insolvency may be a better option for you (bankruptcy/IVA/DRO etc).

enfield_freddy

ok , after going to court and asking to pay it instalments of a sensible figure (which they would not originally allow) , and a single failure made , would this not just get bailiffs involved?


is a judge allowed to take instalments , or is it not the figue quoted in one?

Tixy

The judge would assess your income & expenditure and either
-set a repayment level that they think you would be able to afford, or
-if the payments you could afford were very low that it would take an unacceptable amount of time to repay the debt then they may make a judgement for the full payment to be due (which would then mean that they'd be expecting the creditor to consider enforcing the debt via bailiffs).

enfield_freddy

option a: has been tried , at possibly a greater amount that a judge would consider reasonable and has been declined by them ,


having been recently divorced , etc, and living in a lower quality rented house with few goods , the bailiffs might struggle
I am receiving ESA , but outgoings include the extra bedroom tax and the CT surcharge etc


the debt is £1750

suicidebob

enfield_freddy wrote: »

ok thanks , so presumably all future lenders can see this?


its annoying , they can probably see via my history that I am unlikely to be able to pay this , seems they just want to %uck me up for another 6 yrs , without a hope of any money

You can't afford to pay it, so I would presume this means you also can't afford any further debt. Don't see what the problem is.

enfield_freddy

did,nt say that!


I said the company would not take a sensible figure


I think it night be a good assumption to presume that with a default and the threat of court action , I am not in a position to obtain further credit

pvt

enfield_freddy wrote: »

seems they just want to %uck me up for another 6 yrs , without a hope of any money

I think I would look at it differently. They want to warn other prospective lenders that you %ucked them up.