bit of court advice needed plz

jimmy_mumu

had a visit from a debt collector demanding imediate payment of £1018. i'm on benefits and cannot afford this obviously. when i said i cant pay he said "well we need something sorted out before next week cos it goes to court then ".
i've never had a letter or anything saying it's going to court. is he trying to call my bluff or can they take you to court without notifying you. thanks

Xbigman

What type of debt is it? In general they cannot 'take you to court' without notifying you but there are exceptions such as council tax and the CSA. Sometimes the court paperwork goes astray in the post but that is rare and you can get it reheard. So if this is a bog standard debt they are bluffing. Also the phrase 'take you to court' could mean nothing.

If they do go to court take along your budget showing what you can pay and ask for interest and charges to be frozen. The court will set a payment you can afford. Court would probably be your best option right now.
Regards



X

jimmy_mumu

thanks ever so much for that. they really had me worried. it's a bog standard debt and we have tried to reason with them.

kevker

From what I've heard, courts are pretty understanding about debt, as long as you're honest and list everything you need. They will NEVER set a payment amount of more than you can afford based on the figures you give them. That's why it's so important to list everything.

I probably agree that the collection agent was just trying to bluff you as he knows if it goes to court, then he will get significantly reduced payments.

Debt_Free_Chick

If you end up getting a default CCJ (County Court Judgement), you can apply to have this set aside if you did not receive the papers.

You can also apply to have the CCJ varied, by showing the Court how much you can afford to pay, on a monthly payment plan.

Confirm what others have said - you have to be notified of any intention by "ordinary" creditors to apply to the County Court for Judgement against you.

HTH