Restons - CCJ Refused offer

Maverick1103

Hi all,

This is my first post so please bear with me.

In January this year I received a CCJ for an old loan with Lloyds TSB, which I thought would no longer be enforceable as it no longer appears on my credit file, I wasn't ignoring it I was just trying to deal with my newest debt and now this has escalated; I was previously paying Westcott £10 a month for this loan until I couldn't afford to pay them, I think the last payment to them was about 12/18 months ago.

So I completed the N9a form and acknowledged the debt and sent my I&E to the court offering a token payment of £1, they accepted it and I've been paying Restons since, roll forward to today and I've received a letter about a transfer of the debt (terminology not exact) from my local county court. I've spoken to Cabot Finances and they've told me that this letter is basically saying that the ownership is coming back to themselves and Restons will be in touch, however I've just spoken to Restons and they're saying that they've rejected the £1 payment and are currently waiting for a court hearing to be set.

My question is should I be worried, can Restons overcome the amount set by the court?

My financial circumstances are not great, I have a lot of creditors (about 14) and owe quite a bit (£25k) and I'm making small token payments to save up for bankruptcy as that is basically my only option, Step Change have advised me on this.

Any help will be appreciated.

sourcrates

Hi,

Restons will be unhappy with the £1 token payment, and will be looking for the court to raise it.

I wouldn't be worried about it, they cant take what you dont have.

If stepchange have advised Bankruptcy as a way forward, i would put all my efforts into that, it will supersede any other court action and stop everyone else in their tracks also.

Whereabouts in the UK are you, as fee`s in Scotland are cheaper ?

Maverick1103

Hi @sourcrates

Thanks for your swift reply.

Yeah just what I thought really, my main objective is the bankruptcy however whilst I'm getting the funds together I'm worried that Restons will try and get more money, if I receive a court hearing are they likely to increase the offer? Also how is it that this offer was rejected but i wasn't aware?

I'm in England.

Thanks,

sourcrates

They will be wanting a re-determination of the amount you pay, if they get a hearing, you will be asked to attend to say why you cant up your payments.

This may take a while though, how far off getting the Bankruptcy fees are you ?

Maverick1103

I see so it can take sometime before I need to attend.

I'm about to move home again (recently gone through a breakup) and therefore need a stable I&E before I can proceed, my previous I&E was based on living with my ex and therefore negotiated a token payment to all my creditors. I estimate before this year I will have the funds.

sourcrates

You can take out any money you may have on a credit card to pay for the fee`s, then include that debt in your Bankruptcy, or stop paying other things in order to get the fee together quicker.

Most debts can be included in Bankruptcy, obtaining the fee`s in this way is fairly common place.

Maverick1103

Great advice @sourcrates, I will look at those options.

Many Thanks.

National_Debtline

Hi Maverick1103,


Sounds as though the creditor may have applied for a variation of the judgement, but don't be fooled, it is possible this is just a scare tactic and you should continue to pay the original court order until the court tells you otherwise. If a variation has been applied for you will be notified and it is possible this will generate a hearing, but could just be dealt with through the post.


If the court asks you for information then make sure that you supply what they ask for but try not to worry. If your intention is to go bankrupt then this would be included in that process. Have you looked into help with the bankruptcy fees? There are various charities and organisations that can help with the deposit (£550) - https://forums.moneysavingexpert.com/discussion/4279781 Good luck,


Laura
@natdebtline

Maverick1103

Hi Laura,

Thanks for your reply!

I see, I do not intend to pay anything other than the agreed amount until I hear otherwise.

I did hear about support with the fees but I'm hoping family can help out with this!

Many Thanks!

patman99

If the debt has fallen off your credit file, why not try your luck with a prove it letter?.

You have nothing to lose.

fatbelly

patman99 wrote: »

If the debt has fallen off your credit file, why not try your luck with a prove it letter?.

You have nothing to lose.

There's already a ccj on it. That won't have any effect