Moriarty Law - Court Claim URGENT PLS HELP.

nomorecc

ManyWays said:

what are your other debts? This is the time to review your whole situation. When did yoiu default on the Drafty debt and did you have other payday loans or high cost debts you defaulted on? 

I am reviewing it all today and making token payments to all creditors where a payment was not recent and setting up standing orders of £1 so that they do not progress to this situation

nomorecc

fatbelly said:

At this stage you are expected to defend or part defend. That sounds like a huge amount of interest. It should be 8% from some date that they specify till judgement. So that will give you a lower figure to part-admit.

For arguments sake, let's say £1500

Would £50 per month be a reasonable offer on a £1500 debt that a court might accept? 30 months? I'd say yes.

If you want to explore whether you have a defence, I recommend

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

I've never heard of mediation being any use but it is now a compulsory part of the process for defended claims. The posts on the parking fines board make interesting reading on court process but obviously they only deal with private parking fines.

I'll be back later

I think the interest was from the payday loan company and it added until it defaulted with them and they bought the debt with interest applied inc. arrears.


Thank you so so so much everyone   

ManyWays

If you are going to get a CCJ, consider now if you should look at say a debt relief order (DRO), which will clear all your debts including the CCJ. Otherwise what will you do if another creditor takes you to court, paying £1 a month isn't necessarily a protection against this? 

A DRO is bad for your record, but so is a CCJ.

nomorecc

ManyWays said:

If you are going to get a CCJ, consider now if you should look at say a debt relief order (DRO), which will clear all your debts including the CCJ. Otherwise what will you do if another creditor takes you to court, paying £1 a month isn't necessarily a protection against this? 

A DRO is bad for your record, but so is a CCJ.

It isn't but they can't just take me to court if I'm paying token payments... ?

sourcrates

nomorecc said:

ManyWays said:

If you are going to get a CCJ, consider now if you should look at say a debt relief order (DRO), which will clear all your debts including the CCJ. Otherwise what will you do if another creditor takes you to court, paying £1 a month isn't necessarily a protection against this? 

A DRO is bad for your record, but so is a CCJ.

It isn't but they can't just take me to court if I'm paying token payments... ?

Err, yes they can, anything other than full contractual repayment and a creditor can initiate legal action once a debt has defaulted.

That doesn't necessarily mean they will take that coarse of action, and I think you have just been very unlucky here, but if you have multiple debts, a token payment arrangement is only ever a "stop gap" strategy, it may be prudent to find a more permanent solution to your money troubles.

nomorecc

sourcrates said:

nomorecc said:

ManyWays said:

If you are going to get a CCJ, consider now if you should look at say a debt relief order (DRO), which will clear all your debts including the CCJ. Otherwise what will you do if another creditor takes you to court, paying £1 a month isn't necessarily a protection against this? 

A DRO is bad for your record, but so is a CCJ.

It isn't but they can't just take me to court if I'm paying token payments... ?

Err, yes they can, anything other than full contractual repayment and a creditor can initiate legal action once a debt has defaulted.

That doesn't necessarily mean they will take that coarse of action, and I think you have just been very unlucky here, but if you have multiple debts, a token payment arrangement is only ever a "stop gap" strategy, it may be prudent to find a permanent solution to your troubles.

I see, I personally have some debts that are 5/10 year old and I'm still paying them £1 a month...

Anything I can do to protect those from going to court?

sourcrates

Well I think you have already been asked about your total debt etc, and whether a DRO would be suitable for you???

nomorecc

sourcrates said:

Well I think you have already been asked about your total debt etc, and whether a DRO would be suitable for you???

Have a mortgage...

sourcrates

Your options would then be either debt management or an IVA.

Both dependant on income/expenditure, and amount of debt you are carrying.

Obviously if token payments are all that you can afford, then so be it, but you might want to back it up in writing with reasons why that is the case, if creditors understand your position, they are much less of a problem, you only got unlucky this time as you forgot to keep up token payments to this one lender, and probably correspondence as well.

If you have a lot of equity in your home then sometimes lenders will go down that path just to secure their position, this is more likely if you owe a particular lender a large debt.

nomorecc

sourcrates said:

Your options would then be either debt management or an IVA.

Both dependant on income/expenditure, and amount of debt you are carrying.

Obviously if token payments are all that you can afford, then so be it, but you might want to back it up in writing with reasons why that is the case, if creditors understand your position, they are much less of a problem, you only got unlucky this time as you forgot to keep up token payments to this one lender, and probably correspondence as well.

If you have a lot of equity in your home then sometimes lenders will go down that path just to secure their position, this is more likely if you owe a particular lender a large debt.

I have several loans which are £20k+ and yes I have significant equity in my home...

How is best to deal with this?

Currently I am doing token payments to all of them £1 have been for 5+ years.