Help Creation Finance Letter from Equivo CCJ

Sly72

Received a letter from Equivo acting on behalf of Creation Finance looking at recovering what i owe.  In a nutshell letter says if we dont agree a suitable terms of payment they are instructed to issue a CCJ. I am asked to complete a reply form and a Financail statement showing my Financial Situtaion.

Some questions:

1. Asume if i dont respond a CCJ will be issed.
2. On the reply form it asks for my proposed payment and if i will provide a Financail statement showing my Financial Situtaion. Do i just put what i can afford and do i have to include a Financail statement.
3. If they dont agreee to my propasl payment will they issue a CCJ
3. On the Financail statement form it asks to input partners salary, this is my debt in my name do I have to inculde this, all our Monthly Fixed costs, Monthly Flexible cost are shared 50/50. Debts are all mine.

RAS

The only people who can issue a CCJ are the courts. Have you had any court paperwork (Northampton is the mot likely court).

Can you copy the exact wording of the para or post an image with the personal details deleted?

And explain when you took out the debt and what you have or have not paid?

Sly72

Debt took out may 2019 stopped paying Sept 2022, Default showing on 1 credit report.

sourcrates

It`s a threat of court action, whether it constitutes a letter before action or not is unclear, but I would say that it does.

Ah yes, reply before 19th of May, so yes, this is an LBA, with a 30 day response time limit, so take it seriously.

You need to make a decision on how to proceed, as a county court claim form will follow if you do not do anything.

Just include a rudimentary budget showing what your disposable income is (what you can afford to pay towards the debt) and make sure it`s returned in good time.

fatbelly

It's a pre-action protocol letter and there should be the standard form with it. You do have to respond to it.

Debt camel recommends you tick Boxes C and I and ask for everything it suggests

https://debtcamel.co.uk/letter-before-claim-ccj/

You don’t have to complete the Financial Statement sent with the letter if you are ticking box C or D.

Separate to this you need to work out whether you want to 

(a) defend a claim if it comes
(b) pay by instalments - if so how much can you afford?
(c) offer a lump sum in settlement - again, if so how much can you afford?

I wouldn't be giving them details of your situation at this stage until you've worked out how you want to play it

Sly72

fatbelly said:

It's a pre-action protocol letter and there should be the standard form with it. You do have to respond to it.

Debt camel recommends you tick Boxes C and I and ask for everything it suggests

https://debtcamel.co.uk/letter-before-claim-ccj/

You don’t have to complete the Financial Statement sent with the letter if you are ticking box C or D.

Separate to this you need to work out whether you want to 

(a) defend a claim if it comes
(b) pay by instalments - if so how much can you afford?
(c) offer a lump sum in settlement - again, if so how much can you afford?

I wouldn't be giving them details of your situation at this stage until you've worked out how you want to play it

Hi can you expand more on defend a claim if it comes?

Thinking now of using stepchange as all debts have just defaulted, by using them is it still likely that if Equivo don't like the payment they will continue with CCJ and what happens then?

sourcrates

Sly72 said:

fatbelly said:

It's a pre-action protocol letter and there should be the standard form with it. You do have to respond to it.

Debt camel recommends you tick Boxes C and I and ask for everything it suggests

https://debtcamel.co.uk/letter-before-claim-ccj/

You don’t have to complete the Financial Statement sent with the letter if you are ticking box C or D.

Separate to this you need to work out whether you want to 

(a) defend a claim if it comes
(b) pay by instalments - if so how much can you afford?
(c) offer a lump sum in settlement - again, if so how much can you afford?

I wouldn't be giving them details of your situation at this stage until you've worked out how you want to play it

Hi can you expand more on defend a claim if it comes?

Thinking now of using stepchange as all debts have just defaulted, by using them is it still likely that if Equivo don't like the payment they will continue with CCJ and what happens then?

You must respond to the LBA, within the next 30 days or a court claim will be next.

You don`t have time to involve stepchange in this matter, they can`t help in legal cases anyway.

By ticking box C, you are asking for proof of the debt etc etc, that will take them a few weeks to comply, thus giving you some time, but you should be prepared to offer a monthly payment on this, if they can evidence liability of course.