Blake Lapthorn & f&f offer

traceydc49

Dear everyone,
Has anyone had experience of Blake Lapthorn? I am hoping they will consider a f&f, however, they placed a court order on my home about 3 years ago for a 4000 debt. I have secondary MS, my budget from DMC has been reduced from 300 a month to 200 a month due to low income, hubby is my carer & can only earn 110 a week & I don't work due to disability. I should have appealed when they took it to court, but I was quite ill at the time, although I know this is not an excuse for not protecting my home. Silly ignorance also played a part. I'm just wondering if anyone has found them approachable? I'm really worried as they were very quick to refer it to court when I missed 1 payment, does anyone think they will hold out for the full debt paid in full? I have other creditors, 16000 in debt & 8000 to share amongst them. I know I sound stupid, but I'm afraid to contact them. I have requested CCAs from other creditors, but this debt was for my student bank account, so I know this doesn't apply, any help will be gratefully received thankyou

National_Debtline

Unfortunately, I cannot comment on Blake Lapthorn in particular but it would be quite rare for a creditor with a charging order to accept full and final (unless the property is in severe negative equity). You can write them a letter and give it a try - but just bear this in mind. It is understandably worrying when there is a charge on your home but if you are making regular payments to the charge through the court - even if that is only £1per month - then that would be enough to stop the creditor taking any further action.


You mentioned that you considered an appeal at the time....do you dispute this debt? If so that would require different court applications and, probably, legal advice to try and dispute after a charging order is made.


Laura
@natdebtline

traceydc49

Thank you for your reply Laura. I meant that I should have tried to appeal when the court sent the documents as I believe I might have perhaps delayed the judgement? We won't be able to release equity, due to illness & debts, my only hope is to try & see if they would consider f&f due to circumstances, thanks again

National_Debtline

When you are issued with court papers you can either admit the debt and make an offer to repay or defend it as you believe some /all of the money isn't owed. So, when you don't reply to court papers you get a default judgement - this would be done in a reasonably similar time frame to a normal judgement (had you admitted the debt). Try not to worry about what you did with the original paperwork as that will have little impact on where you are now (assuming you don't dispute the balance of the debt).

I think you should get some more detailed and independent advice about your circumstance as well though, just to make sure that you have an appropriate payment plan on the charging order through the court.

Laura
@natdebtline

traceydc49

Hi Laura, thanks again for replying, my DMC has now had to offer all my creditors £1 token payment due to a fall in income, does this mean they could force sale of my home? I'm terrified now of the possible outcome of this

National_Debtline

Orders for sale are very rare and just because it is applied for doesn't mean it would be awarded but for your own peace of mind you could formalise the £1per month payment through the courts by applying to vary the judgement. This is done using an N245. If this is agreed in the court and you maintain the payments then they cannot apply for an order for sale. We have a factsheet that may help you - https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Default.aspx


If you have anymore concerns then I would suggest you call us, it is easier to discuss individual concerns on an individual basis.


Laura
@natdebtline