No Default on credit but a threat of CCJ

Ozwaldo123

Hi. Hope someone can help me. I have been reading up on the forum regarding debt and paying off some monies that I can afford after being defaulted. 2 of 3 debts have become a default on my credit file. However, my NatWest debt hasn't defaulted. I have rather received a letter threatening me that they will do a CCJ if i don't respond. 

Here is what they (Solaris Law) have said on the letter:

We act on behalf of the above named client and are instructed to seek recovery of the outstanding balance detailed below. Please accept this letter as notice that should we be unable to agré terms of repayment of the outstanding balance we are instructed to issue court proceeding spe with a view to obtaining a County Court Judgment (CCI) Any CC) issued against you will be one or more Credit Reference Agencies which may affect you to obtain credit in the future

Our client would prefer to reach an agreement with you for payment of the outstanding balance than issuing court proceedings. We therefore kindly request you contact our office on 290 soon as possible su discuss this matter further.

END

I haven't been defaulted but I also don't want to get an AP marker on my credit file.

What do I do? If someone could please kindly advise me...

fatbelly

I've asked for this to be moved somewhere more sensible and for the duplicate post to be removed.

When you say Nat West, was this a loan, credit card or overdraft?

What is your long-term strategy for dealing with this debt?

The letter from Solaris does not mean that a court claim is imminent (they would need to issue a protocol compliant letter first, the one that comes with a 30-day reply form) but it is heading in that direction.

ManyWays

Some background on this debt  (how large? history?) and on your other debts would help.

Its unusual for a bank to go to court unless the debt is a business debts or is VERY large, so its possible this is just a nasty message, but you cannot rely on that. 

ManyWays

@sourcrates or another moderator, can you move this out of DFW challenges into the main DFW please?

Ozwaldo123

Hi, sorry for such a late reply. I thought I would get email alerts if someone replied on here.

So this is a NatWest loan which I owe the sum off around £19k. I've received a reply form as well as a financial statement form to fill in. I would like to pay £50 pm which is what I can afford atm especially if I am going to pay the bottom two debts off too of the same amount (£50pm)

Creation loan has defaulted which is £5k

M & S loan which has defaulted which is £9k

I was waiting for the NatWest Loan to default before paying anything but it looks like it won't be happening as I've received that letter from Solaris Law.

Any help would be appreciated and thanks in advance 🙂 

sourcrates

Well they must issue a default notice first before they can take any action through the courts.

Are you certain this debt has not defaulted?

Ozwaldo123

Hello Sour rates,

I've checked my credit report on various score checking websites and this is the only one that hasn't defaulted.

Ozwaldo123

Ozwaldo123 said:

Hello Sour rates,

I've checked my credit report on various score checking websites and this is the only one that hasn't defaulted.

Sorry...Sourcrates* auto correct 

gizmo111

Ozwaldo123 said:

Hi, sorry for such a late reply. I thought I would get email alerts if someone replied on here.

So this is a NatWest loan which I owe the sum off around £19k. I've received a reply form as well as a financial statement form to fill in. I would like to pay £50 pm which is what I can afford atm especially if I am going to pay the bottom two debts off too of the same amount (£50pm)

Creation loan has defaulted which is £5k

M & S loan which has defaulted which is £9k

I was waiting for the NatWest Loan to default before paying anything but it looks like it won't be happening as I've received that letter from Solaris Law.

Any help would be appreciated and thanks in advance 🙂 

Is this actually a Letter before action or is it just then asking you to fill in forms for their benefit?  Annex 1 and 2 on here have information on what the letters should look like and what it should include - does the letter they sent you have all this in it?  PRE-ACTION PROTOCOL FOR DEBT CLAIMS Redraft spring 2015 

Ozwaldo123

Hi Gizmo111,

Yes it has these documents like the one in the link you sent.

ManyWays

OK, you have to reply to that. In the section that asks what documents you would like a copy of, list the CCA agreement for the loan and the Default Notice for the loan.

Also this is a good time to think if you have a potential affordability complaint about this loan, because if you do, you need to get that in asap, then you can say on the Reply Form that you are disputing the debt because it was unaffordable.