Ccj Help please.

I,M_SAD

Hello, I am trying to be brave about my debt so have looked at credit file and there is a ccj for £666 obtained on 04/09/2014 with COunty court business cen.
On another credit file it shows same amount but dated 16/04/2016 as a default.
I am getting a lot of letters from Lowell who I think have put the default on there and I don't know what to do as they are sending me lots of letters and I am so scared to open them but terrified bailiffs will come due to recent addition on 16th.
The debt is from mobile company 3 and I have buried my head with it all. And I know I have to sort it but how?please can anybody help me?Many thanks.

sourcrates

I would advise you open the letters then, what other advise were you looking for ?
Bayliffs do not usually enforce consumer credit debts.

As a CCJ has been granted, you should see what arrangement the court has made for you to repay this, I'm assuming you didn't respond to the claim form they would of sent you, so the CCJ will of been granted by default.

This means they will be looking for the full amount, you really need to read your post, it should still be possible to make a payment arrangement with them, it's only shy of £700 quid, not a fortune, can you afford this, are you working ?

I,M_SAD

Thank you for reply.No I am not working at moment.
Do I actually contact the courts directly to pay the outstanding balance?
I also have a catalogue debt listed which was dated account opened 10/04/2009, will that come off my file soon or is the 6 years rule the date the debt company took the debt over?
I appreciate £700 may not seem like a lot to some but it,s a lot of money for me,I am looking at what is the best feasible way to pay this debt off.Thank you.

sourcrates

I,M_SAD wrote: »

Thank you for reply.No I am not working at moment.
Do I actually contact the courts directly to pay the outstanding balance?
I also have a catalogue debt listed which was dated account opened 10/04/2009, will that come off my file soon or is the 6 years rule the date the debt company took the debt over?
I appreciate £700 may not seem like a lot to some but it,s a lot of money for me,I am looking at what is the best feasible way to pay this debt off.Thank you.

According to the limitations act 1980, the time clock runs from the date of your last payment or written acknowledgement of the debt, not the default date, not the date any DCA obtained the account, the last time you made payment.

You need to be sure of your dates, and if contacted about it, if you beleive it's statute barred, you must write and tell them so, otherwise you can still be taken to court for it, if you don't respond.

As for the CCJ, give National Debtline a call in the morning, number is below, they will be able to advise you further, it won't go away, so best if you tackle it as soon as.

I,M_SAD

Ok ,thank you for advice.

National_Debtline

Hi

Unless you have grounds to dispute the CCJ debt you need to make payments to the claimant in accordance with the amounts set by the court. As you aren't paying you'll be in default and the claimant can potentially apply to use enforcement. To make sure you are no longer in default you can apply directly to the court to vary the CCJ to affordable instalments.

It's best to call us as sourcrates suggested, but essentially you apply to court on a form called N245 to request a low instalment amount per month. This factsheet explain this in more detail:
www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx#quicklink4

If you call us the adviser can take a look at your whole situation and discuss options for dealing with all of your debts.

James
@natdebtline

poppasmurf_bewdley

I,M_SAD wrote: »

Hello, I am trying to be brave about my debt so have looked at credit file and there is a ccj for £666 obtained on 04/09/2014 with COunty court business cen.
On another credit file it shows same amount but dated 16/04/2016 as a default.
I am getting a lot of letters from Lowell who I think have put the default on there and I don't know what to do as they are sending me lots of letters and I am so scared to open them but terrified bailiffs will come due to recent addition on 16th.
The debt is from mobile company 3 and I have buried my head with it all. And I know I have to sort it but how?please can anybody help me?Many thanks.

Can I just check that you haven't got two defaults for the same debt on your credit file?

3 should have issued a default before sending it to the debt collectors. Is there another one registered on your file? If there is, ask for the second one to be removed, as they can't have two defaults for the same debt.

I,M_SAD

I can see on one file Lowell have registered the same debt twice.

One was recorded default date April 2011 and the same debt was defaulted again Sept 2014.

Is that normal practice and is that allowed?

That debt is for mobile 3 communications and obvioulsy the later default will take it until 2020 before it drops off file.I think I may in a about a week have enough money to settle that one but I am wondering if I can do anything about the fact they have recorded it twice albeit it in different years.Many thanks.

poppasmurf_bewdley

I,M_SAD wrote: »

I can see on one file Lowell have registered the same debt twice.

One was recorded default date April 2011 and the same debt was defaulted again Sept 2014.

Is that normal practice and is that allowed?

That debt is for mobile 3 communications and obvioulsy the later default will take it until 2020 before it drops off file.I think I may in a about a week have enough money to settle that one but I am wondering if I can do anything about the fact they have recorded it twice albeit it in different years.Many thanks.

No, it's not allowed, as I said in my previous post.

You need to write to the DCA demanding that the latter default be removed immediately. And I mean write, not phone or email. You then have proof if they refuse and you have to take it further.

I,M_SAD

Ok thank you so much.

Should I word it in a particular way or can I use a template of sorts?

I am just a bit worried what onslaught the letter will trigger so just want to be prepared.
But it would make sense for me to get that removed I gather before I pay debt off?

I am just anxious as technically have not made any repayment plan with them and the ccj is active so am I at risk of bailiffs coming round whilst waiting for a response from them.Many thanks.