BW legal taking me to court for a debt in DRO years ago

rainbowj63

I’m desperate BW legal and Prac Financial have been harassing me by letter phone abs email for months re a Payday Express loan that went into my DRO in 2013 the dent was repeatedly sold in after the DRO as weee all the debts most have given up chasing me apart from a couple and BW have now taken me to court in Northampton then referred it to the small claims court and then I have received a letter today stating that it is transferrecto the county court in my area for the judge to give directions I’ve informed PRAC BW and the courts of the DRO and still it continues I’m off work with stresssbd literally terrified when the letter fell on my door step this morning

National_Debtline

Hi Rainbowj63,


I would suggest you get in touch with the organisation who helped you to do the DRO / Insolvency Service to confirm this creditor was listed. If they were and the DRO completed successfully, then the debt is written off and creditor should've stopped contacting you once the DRO was approved. Unfortunately, it would seem the matter has gone to court and a CCJ may have potentially been entered. If that is the case you will need to apply to the court to set aside the judgement.

A set aside is done on an N244, which can cost up to £255 to submit, but if you receive certain benefits or if you are on a low income you may get some / all of this waivered. The court will assess how long it has taken you to file this application since the judgement was entered, why didn't reply to the original claim forms, and do you have a realistic prospect of a defence.


If you successfully set aside the judgement the matter will be over and the CCJ will be removed from your credit file. However, I should also mention that if your application is unsuccessful you could incur the legal costs of the other side.


Laura
@natdebtline