CCJ papers

veimsi2s

Hi everyone I am desperate for advice here.

2017 my partner and I took out a guarantor loan for £8,000.
We were paying it off together. I was personally using it to consolidate debts (BIG mistake I know) and he was using his half to buy a new car as his 15 year old one had to be scrapped.

A few months into paying it off, I had to resign from work as I was diagnosed with a brain tumour and needed many surgeries.
My partner took up my loan repayments but in turn, he also had to stop as his hours at work dropped drastically and he could barely afford to live.

We went back and forth for a while with this company with lower repayments and such, and after a few months (can’t say I blame them) they decided to take us to court. I have got other payday loans but they are under reasonable management plans.

We got the court papers through yesterday, individually.

We have both written down our income and expenditure on these court papers, and determined I can afford to pay the judgment £50 a month and my partner only £20 a month.

I intend to get these papers sent off today, but I’m terrified.

What if the court does not accept our instalment offer? Can they tell us to pay the entire £10,000 (interest has been incurred) without offering a repayment arrangement? We don’t have that kind of money to just pay it off instantly.

I have been scared to death by the people we owe money to for months now. When I last spoke to someone from their ‘legal team’ after they had submitted our account for court, I was told by the guy that they can instruct bailiffs to come round.
I was under the impression bailiffs could only come round if we didn’t stick to a repayment arrangement with the CCJ?

I have been browsing this forum all night, as I’m too upset and scared to sleep and I’ve seen some users mention that the court determined they should pay the amount ‘forthwith’ and when they couldn’t bailiffs were instructed to attend their home. I absolutely cannot pay £10,000 upfront. I also can’t offer more than £50 a month. I saw another post where someone said that they offered £60 a month towards a CCJ but the court rejected this offer and asked them for £400 a month. They couldn’t pay this £400 and had bailiffs instructed to attend. I am terrified. I seriously can’t keep up with this I’m so depressed.

I get the feeling that because this is such a large debt the court will likely rule that we have to pay it immediately. I could be totally wrong here and upsetting myself for no reason, but I’m sick to my stomach with worry.
I live with my parents, so the threat of bailiffs making me want to curl up and die. They would never forgive me if bailiffs came knocking at their door. If our repayment was accepted, I would keep up with my payments every single month without fail, but I’ve been browsing many posts and I’m so scared that our offer of repayment will be rejected and we will be forced to come up with £10,000 and if we don’t the bailiffs will be at my parents door and my partners.

Please advise me I’m so worried

fatbelly

You've pretty much got the process right but need to take thigs one stage at a time.

If we get a forthwith judgement without a hearing you can ask for a redetermination within 14 days and there is no fee for this.

Bailiffs are one way or enforcing a defaulted ccj but, as this is a cca regulated debt, the claimant must use the court bailiff, who is a salaried employee of the court and we don't generally get problems from them.

As neither of you have more than £50 surplus income, have you considered 2 x DROs? You'd need to meet the other criteria.

sourcrates

The lender is just trying to intimidate you, no need to be afraid or scared, it’s a simple court process, you only pay what is affordable, any court judgement can be redetermined, and bailiffs can only attend under instruction, should you default on the CCJ payments.

DRO is worth looking into.

veimsi2s

Thank you for your responses.

What are the chances we’d be ordered to pay upfront for £10,000? And what happens in the event in which you’re ordering to pay fortwith, you challenge it and the court still decides you should pay £10,000? Does there have to be a reason for this? Such as additional savings? we have no assets at all. I don’t even own a car

veimsi2s

Also a DRO wouldn’t be available for my partner as he has debts over 20,000 unfortunately and I’m close to this too - but all my other debts are under repayment plans

sourcrates

You can’t pay what you don’t have, the court is not stupid.

You apply to vary the payments on form N245, a copy of your budget determines what you pay.

fatbelly

One stage at a time. See what happens to your offer.

It does sound like insolvency might be an option for you both - what about running your situation past National Debtline?

Karonher

Can the car be sold? That would raise a good proportion of the money owed.

fatbelly

Karonher wrote: »

Can the car be sold? That would raise a good proportion of the money owed.

A 4k car bought 2 years ago?

Probably worth £2000 now - might even be half that as valued on Parkers Guide.

It could potentially be downsized to raise the insolvency fees, though. A 1k car as valued on Parkers Guide should be exempt for DRO & Bankruptcy

dealer_wins

Im suprised the guarantor is not the one being chased hard!

MEM62

dealer_wins wrote: »

Im suprised the guarantor is not the one being chased hard!

Was wondering about that myself. Perhaps they are.