Please I beg for your urgent help

velli100

Loan taken out December 2015 (£200)
Lost employment January 2016
Default placed April 2016
Account passed on to DCA October 2017
Complaint to Payday Company raised January 2017
Complaint taken to Financial Ombudsmen March 2017
Deliberation received from FO in favour of Payday Company 20 July 2017
Can still appeal to Ombudsmen by today 3rd August
Received County Court Claim Form 3rd August dated 31 July

The current debt stands at £400 but less than a week ago I offered 180 as a full and final settlement but got rejected. They advised me they would accept 280 as a full and final settlement and now this.

I have overdrafts and other bad payday debts totalling 4000 on top of living costs barely making over the minimum wage. After begging a family member for the 100 I can now make up the difference however do not know where things currenlty stand.

Am I able to take them up on their offer at this stage?

Should I ring the DCA to say I will settle at the 280 quoted just last Friday?

Am I destined to now recieve a CCJ even if I do settle?

Should I appeal with the FO tonight to have some sort of leg to stand on later down the road?



Please if you can give clear succinct answers as I am having a mental breakdown and heavily distraught

velli100

Please can someone offer any advice?

velli100

Please someone

sourcrates

Hi,

Ok, first, please calm down, it's not the end of the world.

Do you have the £280 to settle ?

If so by all means speak to them and see if they will still accept it, if they will, get them to stop the court claim as a condition of settlement, get it all confirmed in writing.

If they won't, you'll have to deal with the claim, fill in the forms including your offer of payment and acknowledge service online.

Getting a CCJ may be annoying, but it's nothing to fret about really.

quintwins

I've never been in this situation but surely the best thing to do is phone them and ask if they will still accept the £280? I"m sure someone who knows better will be along soon.

patman99

No harm in appealling the FO decision.
As for the Court papers, get on to the moneyclaimonline website and acknowledge receipt of the Court documents. This will at least give you 28 days to form your defence.

You appear to be in a financial news at the moment, so would suggest speaking to one of the debt charities such as Stepchange, Payplan or CAP.
They will advise you of the best way to deal with your debts be-it a DMP or a DRO.

Above all, do not panic. If it gets to Court, you must make sure to submit a SoA so the Judge can see what you have going out and coming in. They would then decide on how much you would need to pay each month to clear the £400.

Btw, as you are on nmw, have you applied for working tax credits?. It is always worth putting a claim in if you haven't already.

velli100

Thank you for your response sourcrates.

Once I empty my overdraft and obtain that £100 I can manage to pay the £280 figure that was quoted to me just last Friday.

In the event that its too late for that where do I go from there? Token payments will most likely be rejected so will I have to stand before a judge? Adding to the cost even more? With a CCJ on top of that?

velli100

Thank you for your response patman.

Even with my overdrafts, a credit card and 2 other payday debts (which are currently going through FO) I feel I have some sort of a grip on my finances (even if its a slightly loose grip)

This however throws me overboard as just last week I thought I could come to some sort of an arrangement closer to 200 than 400 then boom county court claim papers less than 5 days after FO's decision.

No room for any negotiations whatsoever.

I dont feel a DMP is necessarily right nor am I entitled to any benefits so I will have to ring them first thing and hope they will accept £280 as a full and final settlement of the matter.

sourcrates

You don't actually go to court unless you dispute the debt, then you attend a hearing.
If the debt is admitted, you simply fill in the forms along with the offer of payment, and basically the judge just rubber stamps it.

If your SOA shows all you can afford is £1 a month, then that's what the court will sanction.

Everything is done by post and online.

You only commit to paying what you can comfortably afford and no more.

velli100

sourcrates wrote: »

You don't actually go to court unless you dispute the debt, then you attend a hearing.
If the debt is admitted, you simply fill in the forms along with the offer of payment, and basically the judge just rubber stamps it.

If your SOA shows all you can afford is £1 a month, then that's what the court will sanction.

Everything is done by post and online.

You only commit to paying what you can comfortably afford and no more.

Please excuse my ignorance.

What is a SOA and how will what I can afford be determined?

I know this is might be difficult for you to answer but are DCA open to negotiations even at this late stage? £280 is painful but just about doable.

sourcrates

SOA (statement of affairs) you determine it, form should be amongst court paperwork ?

Which DCA is it ?

All you can do is try.