ccj letter from agency

bazcoupe

recieved a letter from bw legal acting on behalf of lowell for a debt that was defaulted in september 2012. they have threatened a county court judgment with added costs etc. my question is if i ignore this (as i suspect it may be a shallow threat) and they do issue me with ccj papers, could i then pay it within 14 days and stop the ccj proceding. or when they issue the ccj papers is there no stopping it then .

thanks

bazcoupe

apologisies if this is in the wrong section, first time on here

sourcrates

Hi,


Welcome to the forum.


It could be an idle threat of court action, then again, they may follow through with it, to be honest, there is no way of knowing.

If court papers were received, you could still pay the creditor before the matter got to court, yes.


Also, if they went ahead and obtained a CCJ against you, you would have 28 days in which to pay what they were demanding, before the CCJ was registered, if paid before this point, that would be the end of the matter, and it would not be registered on your credit file.

fatbelly

sourcrates wrote: »

If court papers were received, you could still pay the creditor before the matter got to court, yes.

You would then defend the claim on the grounds that the debt was paid in full

bazcoupe

could/would they add any more fees if they issue a ccj and i was to pay at that point .

sourcrates

bazcoupe wrote: »

could/would they add any more fees if they issue a ccj and i was to pay at that point .

It would be as stated in the letter, if it went to court.

You can always negotiate a settlement with the creditor prior to going to court.

Autumnella

In my experience with Lowell and companies working on their behalf it's not an empty threat and they will add extra fees on once they apply to the court. As sourcrates said, if you have the money to pay in full would it not be better to offer a settlement figure?

TiddlyPom

Am in a similar position, but am able to make an offer in full and final settlement. On a £600 odd debt, what are they likelybtomaccept do you think?
Sorry to hijack thread but answer make assist OP.

sourcrates

TiddlyPom wrote: »

Am in a similar position, but am able to make an offer in full and final settlement. On a £600 odd debt, what are they likelybtomaccept do you think?
Sorry to hijack thread but answer make assist OP.

All depends on what you offer them to be honest.

Most DCA's will always be open to some kind of deal no matter what stage proceedings may be at.

If any of you choose to make settlement offers, please, please, use the correct template letter on the National Debtline website, which is specifically worded so you won't be chased for any remaining balance.

It's so important to get these things agreed in writing, and never just over the phone, as you have no legal recourse should they, or anyone else, chase you again.

TiddlyPom

Good point. Thank you. I take it paying with a card is a no no as they would have all the banking details and that a chequenwould be the ideal way to settle?

patman99

bazcoupe you could always simply start paying them £1 per month and contact Stepchange to start a DMP (or, if you rent and it won't affect your job, a DRO).

That way, Lowells will be less likely to try their luck in Court as you would be able to prove that you are making an attempt to pay.

If it does go to Court, make sure to acknowledge the claim as it gives you an extra 14 days to get your defense in.
It will be worth adding a statement of affairs to your defense pack as it would help the Judge decide whether or not to issue a CCJ.

Also, don't forget that wherever the Court case is allocatted, as a defendant, you have the right to apply for the case to be moved to the Court nearest to you. It is also much better for you to turn up as there is a likelyhood that they will not. If they don't then you win by default.

DCAs and their legal bods rely on the fact that those they take to Court very rarely turn up.