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Help with stayed court proceedings please

System
System Posts: 178,361 Community Admin
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This discussion was created from comments split from: DMP mutual support thread part 13 !!.
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Comments

  • Summer12
    Summer12 Posts: 108 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    Hello! 

    I’ll try and keep this short… £8,0000 credit card debit, not SB and enforcable. stayed court proceedings that claimant has now applied to lift and send to fast track presumably for ccj for non payment. At what point can we no longer approach claimant to make offer of repayment? We are still waiting for them to tell us if this debt is one subject to payment plan with another creditor that’s been transferred to them. They’ve ignored this request and pressed on with requesting the stay to be lifted. Or shall I just include this detail when I return the directions questionnaire? Have no issues admitting the debt just wanted the point above clarifying!! But will probably end up with CCA if they continue to ignore our question. Any thoughts or suggestions appreciated 
  • sourcrates
    sourcrates Posts: 31,729 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    @Summer12

    You posted in the wrong section of the forum, I have created a new post for you here.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sourcrates
    sourcrates Posts: 31,729 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    @fatbelly one for you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 23,073 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Not enough detail to really advise

    If you have a DQ, the court have accepted your defence ss having merit. Complete and return. Do not use this ss an opportunity to amend your defence.

    Attend the hearing and discuss with the judge.
  • ManyWays
    ManyWays Posts: 1,442 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    Summer12 said:

     We are still waiting for them to tell us if this debt is one subject to payment plan with another creditor that’s been transferred to them. 
    Can you say some more about this as I dont understand. You say it is enforceable so presumably they have supplied the CCA for the debt? 
  • Summer12
    Summer12 Posts: 108 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    Yes we have the CCA which they returned in response to the LBA but didn’t answer any of our questions that we put to them.
  • ManyWays
    ManyWays Posts: 1,442 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    The CCA identifies the debt so you must know if its the one you have previously were paying another debt collector.

    Why did you ask for a stay on the court proceedings and what did your defence say?

    Creditors don't normally accept an offer of repayment and halt the CCJ proceedings at this stage,
  • Summer12
    Summer12 Posts: 108 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    The CCA was sent after the stay was put in place. This account being paid to another collection agency. They have never addressed this question and now have asked the stay to be lifted.
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