Letters: empty threat of CCJ or genuine warning of upcoming CCJ?

DopeyTom

sourcrates wrote: »

That's the thing you see, the court would expect you to pay according to your budget, you know that, the creditor knows that, but some creditors are just bloody minded or stupid.

The added protection of a CCJ gives them more options should you not pay for any reason.

Kick them when they're down & apologising :T

Floopy2009

Will this be the case they they will throw ccjs before October even if they have just purchased the debt new a few months before or based on long standing ones ?

StopIt

Floopy2009 wrote: »

Will this be the case they they will throw ccjs before October even if they have just purchased the debt new a few months before or based on long standing ones ?

Nobody knows for sure, but based on the new requirement to actually produce things like CCA agreements in the letter before actions now? I'd say we're going to see a massive surge in court filings before the rule change.


Alas, nobody can tell you if you're about to get the dreaded Letter Before Action, and it is up to you how you proceed. If you have a defence, I'd be filing it now before they even think of petitioning the courts. *Edit: Misread there was 2 separate debts.


For the non statute barred debt? Sending a Prov-It letter may just stall things for a bit, but if you know you owe this, you can't CCA an overdraft either. You may have to either propose a payment plan, or hope they don't take this to court. Not a good situation to find yourself in I'm afraid, sorry

DopeyTom

Received Letter Before Action yesterday, rang them & arranged £10 / month repayment plan

fatbelly

That doesn't count as acknowledgement, but as soon as you make a payment the statute barred clock is re-set.

Let us know if you get a court claim.

Your plan appears to clear the debt in 200 months. Remember you can always try a full & final settlement offer if you have a lump sum

DopeyTom

I confirmed my address, full name & provided reference # on letter, that doesn't count as acknowledgement?!
I asked the guy about the possibility of a final settlement offer, he said any offer under 50% would get rejected immediately & that offers above 50% are 'hit & miss' / I'd likely receive a counter offer

fatbelly

DopeyTom wrote: »

I confirmed my address, full name & provided reference # on letter, that doesn't count as acknowledgement?!

Your previous post says you rang them. That doesn't count, regardless of what you said. s30 of the act says 'To be effective for the purposes of ... this Act, an acknowledgment must be in writing and signed by the person making it.'

DopeyTom wrote: »

I asked the guy about the possibility of a final settlement offer, he said any offer under 50% would get rejected immediately & that offers above 50% are 'hit & miss' / I'd likely receive a counter offer

Creditors always reject the first offer. Well, nearly always. I did a search on the full&final thread and found 2 posters who settled for exactly 50% with Arrow so it may well be that that is their bottom line, at least for potentially enforceable debts.

DopeyTom

fatbelly wrote: »

Your previous post says you rang them. That doesn't count, regardless of what you said. s30 of the act says 'To be effective for the purposes of ... this Act, an acknowledgment must be in writing and signed by the person making it.'




Creditors always reject the first offer. Well, nearly always. I did a search on the full&final thread and found 2 posters who settled for exactly 50% with Arrow so it may well be that that is their bottom line, at least for potentially enforceable debts.

I've only spoken to them, but anyway now that they've issued a LBA, my best option is to repay right?
I don't know whether to settle now repay by £10 / month

fatbelly

As you said before it would be a risk to try to ignore them for a further year, particularly as you don't really have any defence to a court claim and don't have the funds to pay it if they took action.

Paying a small amount regularly seems to be the least bad of the options available to you, and then keeping fingers crossed you can come into a lump sum of around £1k.

DopeyTom

fatbelly wrote: »

As you said before it would be a risk to try to ignore them for a further year, particularly as you don't really have any defence to a court claim and don't have the funds to pay it if they took action.

Paying a small amount regularly seems to be the least bad of the options available to you, and then keeping fingers crossed you can come into a lump sum of around £1k.

If I pay £10 / month, will this debt appear affect my credit report for 200 months?
The advantage of settling this debt now is that it my credit score will improve?