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Claim form received from Kearns Solicitors

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Comments

  • waakyegirl
    waakyegirl Posts: 11 Forumite
    10 Posts
    The payment set by the court will be based on your available disposable income, according to the budget you provide them with.

    Can I just clarify that you live in England or Wales, and not Scotland?

    I only ask as the limitation period in Scotland is only 5 years, whereas in the rest of the UK its 6.
    I live in England, 
    Does Kearn have to accept/refuse the amount?, and will a payment plan negate a CCJ?. According to Kearns they would accept £500 pm but in the event of anything less, they will accept but I would still get a CCJ
  • sourcrates
    sourcrates Posts: 31,910 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    This is something you should really take legal advice on, I suggest you try Legal Beagles.

    I would not trust Kearns to stick to an arrangement that would preclude them obtaining a judgement, unless they stay the claim beforehand, and even then I still would not trust them.

    What precisely would be the implication of a CCJ to you, do you work in finance or something like that?
    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
  • gizmo111
    gizmo111 Posts: 2,669 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You could negotiate a Tomlin Order Tomlin order - Wikipedia which would avoid a CCJ - but make sure you can pay what is agreed.  I had one a few years with PRA and it worked well for me - but you msut do as advised and get that holding defence in to avoid a CCJ by default. 
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • waakyegirl
    waakyegirl Posts: 11 Forumite
    10 Posts
    This is something you should really take legal advice on, I suggest you try Legal Beagles.

    I would not trust Kearns to stick to an arrangement that would preclude them obtaining a judgement, unless they stay the claim beforehand, and even then I still would not trust them.

    What precisely would be the implication of a CCJ to you, do you work in finance or something like that?
    Thank you, I have posted on LegalBeagles and have a conversation going on, thank you & everyone else here
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