Court Action. CCJ

S1Ebbz

Afternoon all

Hope someone can offer some help here

Been on a DMP since April. Some creditors accepted payments, others limited contact but now I have my largest creditor sending what seem very worrying letters

They said the amounts are not suitable. They have issued default warnings. They have issues final demands

Now the letters are worded more towards starting legal proceedings against me. How likely is this?

My DMP is huge. I am working with step change. I posted a while ago on here I got myself into a horrendous mess and now have 7 years to fix this but I am committed

I'm not concerned regarding my credit file as thats gone for now but I am very concerned that my largest creditor (HSBC) are just not playing ball here. What happens if they register a CCJ? I am so worried now and had settled into a routine here of paying the required amount every month ..... If they start legal what will happen

I am so concerned its like I've fallen back into that horrible ditch again

Guest101

You wait for court papers and present evidence of your ability (or lack thereof) to pay.


You said your credit is shot anyway and your DMP runs for 7 years, a CCJ will disappear from your file after 6.

S1Ebbz

How likely are CCJs whilst on DMPs? From large high street creditors. Its amazing the difference between how some handle this.

sourcrates

Hi,

They are required by law to send these notices to you.

As you are not paying the full contracted payment, they may default you, which means nothing really, its par for the course.

I doubt HSBC will take legal action, its possible, but normally they will be looking to sell the debt on, and this is just a part of that process.

If they were to make a claim in the county court, its a very simple process to go through, just fill in the court papers, along with your income/expenditure, if your budget shows all you can afford is what you've been paying, then the court will set that amount, and things will just carry on as before paying down your DMP.

You wont be asked to pay more than is affordable, and as long as you stick to those repayments, no further action can be taken against you.

So its all a bit of nonsense really.

S1Ebbz

Thank you. Guess its natural to hit these points in DMPs where it can all seem on top of you again

Really appreciate your comments and assiting me understanding some of the processes they use

sourcrates

S1Ebbz wrote: »

Thank you. Guess its natural to hit these points in DMPs where it can all seem on top of you again

Really appreciate your comments and assiting me understanding some of the processes they use

If, they do get legal with you, under the civil procedure rules, pre-action protocol, they are obliged to write and tell you they will be taking you to court, its at this point they would also ask you to agree to a repayment plan, but as you are already repaying them, it makes the whole process absurd.

So i very much doubt it will happen, but if it does, post back and we can advise you how to deal with it.

Keezing

Perhaps you could copy and paste the exact wording from the letters you have received