Trying to Avoid a CCJ

lixhul

Hi guys. I've posted before but I need help as it's escalating. I owe about £25K, £2K of it has provided a letter before court.

I completed the form and ticked boxes that said "I don't know if I owe the debt, I need more information".

This was about 5 days ago. I haven't heard anything since.

My question is what happens now and what is the best course of action? I'd like to avoid a CCJ at all costs.

I'm sure more letter before courts will come but I have no experience. Should I ring Step change, what's the best way to pay back etc?

fatbelly

Your soa on your previous thread showed that a debt management plan was a good option.

Stepchange are a fee-free provider of these so, yes, that's a good shout

lixhul

Okay so if I go through step change the CCJ won't happen? I don't want to include all the debts only when they come to letter before court?

fatbelly

If they choose to start a court claim then you would likely get a ccj with an instalment order, provided you responded to the claim.

You would only avoid a ccj being recorded against you by either paying the full amount within 28 days of the judgement or making a successful defence.

If they fail to send you the proof you asked for on the questionnaire then you may have a defence.

I suggested a stepchange dmp as that looked the best option from your statement of affairs on the other thread.

If you don't want to include all your debts then stepchange will not be happy with that and you would have to do a self-managed dmp.

sourcrates

lixhul said:

Hi guys. I've posted before but I need help as it's escalating. I owe about £25K, £2K of it has provided a letter before court.

I completed the form and ticked boxes that said "I don't know if I owe the debt, I need more information".

This was about 5 days ago. I haven't heard anything since.

My question is what happens now and what is the best course of action? I'd like to avoid a CCJ at all costs.

The creditor will, or should respond with evidence of your liability, if they are able to, if not, it ends there.

It may take a few weeks for them to "find" the evidence.

Stepchange will tell you to include all of your debts, they won`t work with you if you are unable or unwilling to do that, you would be better off dealing with the matter yourself.

lixhul

Okay thanks so the best thing to do is use their portal to create a plan to pay this off? They want minimum £100 a month for this so I suppose that's fine. I just don't understand where it's come from, I owe much more than this for the same loan.

fatbelly

Have they responded to your request for paperwork?

I wouldn't be paying anything at the moment

lixhul

fatbelly said:

Have they responded to your request for paperwork?

I wouldn't be paying anything at the moment

Hi, no I've heard nothing but that's a worry as what if they start court proceeds? I've replied with the form and got an email confirmation that they received it.

fatbelly

Then they will respond - it often takes some time to get the paperwork as they are not the original creditor.


If they start court action without being able to evidence the debt then you defend on that basis - I doubt they would do that.

lixhul

fatbelly said:

Then they will respond - it often takes some time to get the paperwork as they are not the original creditor.


If they start court action without being able to evidence the debt then you defend on that basis - I doubt they would do that.

Okay I'll just hold my nerve. I sent the form back via email and they sent back the email response that they've received it and I requested more information.

lixhul

I have just had a reply in an email and it stated when my loan started and how much I am in arrears.

I have been looking at Debt Camel and read an interesting defence on irresponsible lending that I think I would like to approach. I was being provided large loans to supply my gambling addiction and I could not keep up with the monthly payment even before the loan.

My last throw of the dice because I can't afford this, but if I contact Admiral in regards to this, will the CCJ be on hold? It apparently takes 8 weeks for them to respond? I don't want to be waiting for a response and then the CCJ starts?