Make Payment, or Not?

ConfusedPerson123

Hello,

Recently, just before Christmas, my husband received what we believed to be court papers relating to a defaulted loan from 2010. We dutifully filled out the income/expenditure form and returned it to the creditor address as it said to do. This creditor is in fact a collections company that purchases debt.

They acknowledged receipt, accepted the payment offer and advised that we would receive papers from the court confirming a CCJ shortly. Those papers have not arrived and a CCJ has not been registered on my husband's credit file.

The default is due to drop off his credit file in January of 2016 and today we received a letter advising he hasn't made payment (I will kill him) and that if we don't they 'may remove goods or get an AOE.' Surely they can't do that without an actual CCJ?

Does this mean we just can't see the CCJ, and haven't received papers sent? Should they be threatening this when they are not court ordered bailiffs? And, most importantly, if we make the payments, what will happen? We've now acknowledged the debt to them, as we thought we had to because of court papers, so can't claim statute barred! Will the default still drop off my husbands file in January if we make payments, and if we don't can they take it (back?) to court and put it on the file again as a CCJ? It's not a small amount (just over £3000) so we are not in a position to just pay it off and they've made no offer of settlement.

Tixy

Yes the default and account entry will still drop off his file regardless of future payments made.

They cannot instruct bailiffs or seek to obtain an AOE without a CCJ.

It doesn't sound like a CCJ has been granted, if he wanted to double check has he just looked at one of the credit reference agencies so far? he could check the others or even pay to check the registry trust online full register of CCJs (£8).

If it hasn't yet gone to court then they could still take court action against him yes, and that would likely result in a CCJ on his file for 6years from the court date.