Neck deep in debts

tylery

RAS said:

So to whom are they reporting and what does it say? Arrangement to pay, delinquent?

They have taken the debt to the county court. I was enquiring about the mix up thats when the lady on the phone said they will be applying for a charging order or they can cancel the ccj if i agree to pay the debt within 36 months. 

RAS

That's not the question. 

They needed to register a default against the debt before they went to court. Did they do that?

Or is this an old debt that no longer shows on your credit record? 

tylery

RAS said:

That's not the question. 

They needed to register a default against the debt before they went to court. Did they do that?

Or is this an old debt that no longer shows on your credit record? 

Ok the debt is not registered as default. Its just says 5 late payments its still active

tylery

I have read its very hard to remortgage when you have charging order on your property, what if it is the same lender?

RAS

tylery said:

RAS said:

That's not the question. 

They needed to register a default against the debt before they went to court. Did they do that?

Or is this an old debt that no longer shows on your credit record? 

Ok the debt is not registered as default. Its just says 5 late payments its still active

tylery

I'm struggling to understand how this debt collector has managed to get a CCJ if you've got late payments and no default. That should not be possible.

Exactly what evidence of the CCJ have they sent you? Can you scan or photo this, minus personal details, and post it up here.

If you haven't got any proper evidence, letter before action, court paperwork etc, how exactly did they communicate it to you? If they've just told you there is a chance they are lying to you.

Going to ask @sourcrates and @fatbelly to advise further as CCJs aren't my area.

ManyWays

This seems a bit confusing. You have one debt where you were sent a pre-action letter which you have replied to and a different debt, originally a Creation Loan, where you don't remember getting a pre-action letter but you now have a court claim form (N1). Is that correct?

If it is, can you give some history on the Creation debt. Has it been sold to a Debt Collector? Who are the solicitors on the claim form? Have you now filed a defence? Are you in a position to clear it in 36 months because the danger is that if you agree to this they will still let the court claim proceed and you get a CCJ anyway. Also if you offer a large amount a month to one creditor, the others will see the payments on your credit record. 

This may be a good time to talk to Step Change about a DMP or possibly an IVA. 

tylery

ManyWays said:

This seems a bit confusing. You have one debt where you were sent a pre-action letter which you have replied to and a different debt, originally a Creation Loan, where you don't remember getting a pre-action letter but you now have a court claim form (N1). Is that correct?

If it is, can you give some history on the Creation debt. Has it been sold to a Debt Collector? Who are the solicitors on the claim form? Have you now filed a defence? Are you in a position to clear it in 36 months because the danger is that if you agree to this they will still let the court claim proceed and you get a CCJ anyway. Also if you offer a large amount a month to one creditor, the others will see the payments on your credit record. 

This may be a good time to talk to Step Change about a DMP or possibly an IVA. 

Your first paragraph explains the situation well.

Creation sold the debt to Equivo. I never received the pre action letter also the same debt is still active on credit agency, it shows late payments..so no default registered against this debt but i have received a Claim Form N1 from the County Court Northampton on the same debt. I haven't filed a defence yet. I wont be able to clear the debt in 3yrs. My worry is about remortgaging if they get a charging order. I also have a severely disabled child, and young child and a joint ownership hope that can be used to stop a charging order.

tylery

RAS said:

tylery said:

RAS said:

That's not the question. 

They needed to register a default against the debt before they went to court. Did they do that?

Or is this an old debt that no longer shows on your credit record? 

Ok the debt is not registered as default. Its just says 5 late payments its still active

tylery

I'm struggling to understand how this debt collector has managed to get a CCJ if you've got late payments and no default. That should not be possible.

Exactly what evidence of the CCJ have they sent you? Can you scan or photo this, minus personal details, and post it up here.

If you haven't got any proper evidence, letter before action, court paperwork etc, how exactly did they communicate it to you? If they've just told you there is a chance they are lying to you.

Going to ask @sourcrates and @fatbelly to advise further as CCJs aren't my area.

Read my above reply thanks

ManyWays

Have you been sent a Default Notice about this Creation debt? 

Whether or not you fancy the idea of saving up 500 a month and making settlement offers, unless you enjoy fighting a lot of legal battles for years I think you should be looking at either a DMP or an IVA. You have a lot of spare money a month and you arent paying anyone and you have a mortgage so probably a house with equity, your creditors can see this from your credit record. 

tylery

ManyWays said:

Have you been sent a Default Notice about this Creation debt? 

Whether or not you fancy the idea of saving up 500 a month and making settlement offers, unless you enjoy fighting a lot of legal battles for years I think you should be looking at either a DMP or an IVA. You have a lot of spare money a month and you arent paying anyone and you have a mortgage so probably a house with equity, your creditors can see this from your credit record. 

I didnt see any default notice, but they claim to have sent it. Like i said the sames creation debt is not registered a default. 

So will DMP or an IVA put a charge on our house. I will be remortgaging in 2026. Equity about £130k