Bailiffs Calling?....

tiredanddesperate

I have 2 CCJs totaling approx £16000 from around 2000-2001. Neither of these are showing on my credit file (I have checked my file from all 3 companies Experian, Equifax & CC). I only have 2 satisfied defaults showing on my file.

I have some other defaults, none of which are showing on my file, as they are all earlier than 6 years (everything stems from around 2000-2001). I receive letters and phone calls for some of these debts from the DCAs.

I have recently stopped paying nominal payments and have stopped the standing orders to the 2 CCJs, as I am claiming Incapacity Benefit and my OH has been out of work.

What are the repercussions of stopping payment on the CCJs? Will the bailiffs call? And if so, what can they take?

If I send the CCA letter to each of my creditors, will it buy me time so I can set up new standing orders, or will the debts be unenforceable (it has been such a long time) I doubt the paperwork is in order. Or, will it simply 'remind' all my creditors that I am here and that I haven't been making payments??

I don't know whether to try & force the debts unenforceable (as it were!) or keep my head down. I haven't had credit for 7 years now due to my credit history and I've coped fine without it!!!! Mind you, I've had no money either, so I haven't bought anything for 7 years either

The biggest satisfied default falls off my credit file at the end of 2008 I think, with the small one (£110) coming off in 2011. This is 6 years from default date, not satisfied date.

Any ideas or advice would be very much appreciated.

Many thanks

rayday2

I think you should contact a debt charity for some good personal advice, national debt helpline maybe particularly good in this area.

CCCS_Matthew

Hi there,

It's important that if you have active CCJ's that you try and re-determine the amount you have to pay on a monthly basis rather than simply stopping payments completely.

The issue at the moment as you have mentioned is that if you simply stop paying the CCJ's you run the risk of bailiffs or an attachment of earnings/benefits or a charging order on your property if you are a home owner.

You need to urgently need to fill out an N245 form which allows you to update the courts with your financial circumstances and make a revised offer of payment. It will normally cost you £35 for a re-determination but if you are on benefits you can fill out an EX160A form which will waive the fee. Even if it's a case of offering £1 a month until your situation improves it will stop any further action occurring with the CCJ's.

To look at your situation in more detail to look at long term solutions for your debts you could give us a call on 0800 138 1111 for a telephone appointment, or use our online advice facility called Debt Remedy where you can complete a financial statement and be provided with advice on the best way to deal with your situation.

Our advice is completely free, impartial and confidential

Feel free to ask any further questions regarding the re-determination or indeed anything else your stuck with

Hope this helps
CCCS

tiredanddesperate

Hi Rayday2

I'm in the middle of talking to CCCS about my finances. But they're not going to tell me about CCA and unenforceable debts, are they?

They will only tell me official stuff, I think.

Thanks

rayday2

Well you need to sort the stuff out then do the CCJ bit - but if you have a CCJ doesnt that mean the debt is enforceable??!!

You must not mess around with CCJs follow the above advice then sort the other bits out.

tiredanddesperate

Hi

I'm varying the CCJ payments already, as advised by CCCS, by completing the Court forms. It was the defaults I was referring to.

thanks for your replies. I will wait and see what my counsellor says.

Have a good weekend

rayday2

Oh I am sorry I was confused, a bit fuzzy headed with early flu I think! Apologies