Moriarty Law - Court Claim URGENT PLS HELP.

nomorecc

Wow that's very interesting!!

Is there a time limit in place for these things??

Some of my old ones are from Lloyds TSB and event Mint credit card!

Will certainly try this out... all sold to cabot.

sourcrates

Legislation here:

Section 77 of the Consumer Credit Act 1974 requires creditors to provide debtors with information about their credit agreements upon request.

• Duty to Provide Information: Creditors must give debtors a copy of their executed agreement and any other relevant documents, along with a statement of the total amounts paid and unpaid. 
  
  
• Fee Requirement: Debtors must pay a fee of £1 for this information. 
  
  
• Compliance Period: Creditors must respond to requests within 12 working days. 
  
  
• Legal Implications: Non-compliance with this section can render the credit agreement unenforceable for the period of non-compliance. 
  
  
  For more detailed guidance, you can refer to the official legislation and FCA Handbook. 2

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

So going back to this, I don't want to be caught short again.

Are we saying that now I must create a defence in MCOS to then say that the original debt was X I believe it should be Y.

Once I have put up a defence, what does this mean for a CCJ?

Will I still get one?

fatbelly

I'm suggesting that you admit a smaller balance for whatever reason you can find.

Then offer instalments of £50, justified by your income and expenditure.

They then have the choice of accepting the offer or dragging it out through a hearing, knowing that at the end of the day the result is likely to be a judgement ordering £50 instalments anyway

You get a ccj but provided you keep up the payments there will be no enforcement of it.

If you go for a dmp then you build around this one

nomorecc

fatbelly said:

I'm suggesting that you admit a smaller balance for whatever reason you can find.

Then offer instalments of £50, justified by your income and expenditure.

They then have the choice of accepting the offer or dragging it out through a hearing, knowing that at the end of the day the result is likely to be a judgement ordering £50 instalments anyway

You get a ccj but provided you keep up the payments there will be no enforcement of it.

If you go for a dmp then you build around this one

Thanks @fatbelly

So there is no way to avoid this CCJ?

sourcrates

nomorecc said:

Thanks @fatbelly

So there is no way to avoid this CCJ?

Unfortunately the legal process has begun, and by it`s end, you will be granted a judgement, yes.

But with other bad debts on file, one more snippet of negative information isn`t going to make much difference to how you are already viewed by potential lenders.

Your ability to borrow will be severely impacted for 6 years, but that may not be a bad thing given your situation.

nomorecc

sourcrates said:

nomorecc said:

Thanks @fatbelly

So there is no way to avoid this CCJ?

Unfortunately the legal process has begun, and by it`s end, you will be granted a judgement, yes.

But with other bad debts on file, one more snippet of negative information isn`t going to make much difference to how you are already viewed by potential lenders.

Your ability to borrow will be severely impacted for 6 years, but that may not be a bad thing given your situation.

Unless we can come to a settlement amount and pay within 30 days?

The reason is that I started my DMP several years ago but realistically, I've recently defaulted on some stuff so perhaps a CCJ won't make much difference.

sourcrates

Yes if you pay the full debt off within 30 days of judgement, you can get the CCJ removed.

I doubt they will negotiate on this, they will want the full amount outstanding is my guess.

fatbelly

I'm afraid you are not in a very strong position on this one to negotiate.

However you can start work earlier on the others and if you ever get a claim form again, start work straight away to put a defence together

nomorecc

sourcrates said:

Yes if you pay the full debt off within 30 days of judgement, you can get the CCJ removed.

I doubt they will negotiate on this, they will want the full amount outstanding is my guess.

They already offered a settlement of £1300 in the phone call we had


For context I owed "Drafty" £1400 as credit limit, they then defaulted me and balance was £1900 - assuming due to arrears and interest based on what I can see.

So it looks to be correct sadly.

I have no idea how to defend this, but presumeably it is pointless, do I select defend part or all ?