Pending CCJ

mrs_flossy

Any advice is most welcome.
Going back to 7/10/10 when I missed a payment on my catalogue. My husband and I applied for an IVE but because he injured his leg was off work we had decided to not go ahead with IVA.
To cut the story short the marriage broke down I had mental health issues and medical problems.. With the help of family I managed to contact people I owed money to and all but the catalogue accepted minimum payments and froze interest. I have copies of these letters. The debt grew from£470 to £670 before debt passed on and interest frozen. All my money was accounted for and If it wasn't for my family and friends support I dread to think where I would be today. I know it was wrong of me but after I became so low I just stopped opening letters.. All my other debt through a pro rata tool online are still being paid till today. Now I am under threat of a CCJ and though not bothered about it being on my credit file as I never will buy anything I cant pay for up front. I have talked to Lowell some years ago and after having a rather unpleasant person talking down to me I had no wish to ring or talk to them again. When they send me the forms for the CCJ will I get a chance to show and prove I tried to sort it out or have I been really stupid and now must just wait for bailiffs.. I live alone on my state pension an am 63... I hope Ive explained myself ok.. Cheers Mrs Flossy

sourcrates

Hi,

What exactly have Lowell said ?

You don't just get a CCJ, you would receive papers from the court, most likely Northampton bulk centre, you would then have the chance to admit, or defend the claim.

You can make an offer of payment that you can afford, to the court, no bailiffs will come, not for a consumer credit act debt, very rare.

Is it a letter stating they will take legal action, or just a standard threatogram ?

Also when did you last make payment to this account ?

National_Debtline

Hi mrs_flossy


In the very worst-case scenario, Lowell make good on their threat to sue you: you receive court forms which ask you to state your income, living costs and what you can afford to pay towards this debt. The court will take this info into account and ask you to pay at a rate they think you can manage. If you then do that, no other action can be taken. That includes bailiffs - they won't be involved at all if you respond to any court papers you are sent.


Best-case scenario, Lowell are just making noises about a CCJ to panic you into a response. If you're getting by on a state pension, it's very unlikely that taking you to court will get them their money back any more quickly, for the reasons I've stated above. Debt collectors like Lowell often issue threats of court action without following up on them.


Either way, there is no need for you to speak to anyone at Lowell. In fact, I would not contact them at all until you have sought advice from one of the debt charities - it may be with this debt's age that it may very soon become unenforceable.


Dennis
@natdebtline

mrs_flossy

Thankyou for your your reply
Just over a fortnight ago I received a Claim Form. It has the address of County Court Business Centre in Northhampton.. As soon as I received it I started to search for my copies of letters sent out.. I have moved twice and now are in sheltered housing... I'm afraid that I have to take morphine to control my pain and consequently days drift and I sleep a lot. Yesterday Lowell sent me a letter of "Pending County Court Judgement" the debt now is £854.. It states on the letter they could send bailiffs.I don't know what they could take apart from my Tv. Last payment was 30/09/2010... I sent catalouge a £1 about month later with a letter of my circumstances and they returned it saying not acceptable.. I have other debts and some of them only receive between £1 and £4. when I worked out pro rata payments on an online tool their payment was 28p...I realise I should have not let this situation get this bad and apart from my depression I have no other reasons... Cheers

sourcrates

Have you returned the claim form ?

You only have 14 days unless you have acknowledged service online.

It could be you will get a judgement in default if you didn't return the forms in time.

National_Debtline

Hi again


Thanks for making things a little clearer.


If you haven't sent back any court paperwork with an offer of payment by now, you may have missed your initial opportunity to make an affordable offer - although you can still send this in now on the off-chance that it will be accepted late.


If that is refused, you can still ask the court to set payments at an affordable rate but you may need to fill in some different forms instead.


From everything you have said above, I would suggest you simply offer £1 per month on this debt. Explain your general circumstances and any health issues when you send your paperwork back - and it is worth sending this both back to Lowell and directly to the court.


Even if Lowell apply to use bailiffs before you get your forms in to the court, please remember that these bailiffs will have no powers whatsoever to enter your property by force. Your TV etc. is not at risk. It is quite straightforward to apply to get bailiffs suspended if necessary.


There really is next to nothing Lowell can do to recover this money if you do not have it, so please do try not to worry overly. I appreciate that these letters must be very unwelcome, but if you follow the steps I am describing here they should tail off eventually.


Are there any money advisers or support workers assigned to the sheltered housing complex you live in? It may be helpful if someone like that can look more closely at your various debts for you and help you with filling in any forms.


Dennis
@natdebtline

mrs_flossy

Hello again and thank you for all the advice.
I have sent nothing in return to their forms as yet.The first claim from the court was not ccj but just a court claim form and it said not to respond to the court but only to Lowell... this second letter says if I don't respond then they will send ccj and bailiffs.
When I send my offer shall I send copies of my original offer that was refused and include my debts now and how much they get.. They told me not to respond to the court just to them so shall I send to the court same offer and information anyway.. I really appreciate the support and help from both who responded... I am not aware of any support with debt from where I live but will try and find out.. Thank you so much I don't feel as scared as I have been...

National_Debtline

Hi again Mark


A CCJ (county court judgment) is what you get after you've been sent the claim form, which gives you the choice of disputing the debt, or paying it off at an affordable rate.


As advised above, complete the income and expenditure form now and make three copies - one to send back to Lowell ASAP, one to the court itself, and one of your own to keep for reference. Yes, include details of other creditors you owe and the amounts you are paying them. If you can do this promptly you may still be able to get the repayments set at a manageable level without having to fill in any further forms.


Dennis
@natdebtline

fatbelly

You may still be within time

If the form shows an 'issue date' then add 19 days to that

If 'date of service' add 14 days

If you are out of time, just send it anyway as Dennis advises

There's more info in the ND factsheet

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

mrs_flossy

Just one more query please...
Can I dispute the amount owed as the catalogue wouldn't freeze interest and kept charging for letters sent after they refused my offer of £1.. although if I think logically about this situation unless i have a rich relative to name me in their will i will probably be a sunbeam for Jesus before my debts are cleared...thank you

mrs_flossy

but they did add £200