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    • Southampton12
    • By Southampton12 25th May 19, 7:39 AM
    • 3Posts
    • 1Thanks
    Chaces if a CCJ on a DMP..
    • #1
    • 25th May 19, 7:39 AM
    Chaces if a CCJ on a DMP.. 25th May 19 at 7:39 AM
    Hi all,
    I am considering starting a DMP with SC as per their recommendation. I have 57k of unsecured debt which SC predict will be paid off in 7 years. I am a homeowner but my equity is minimal.

    On the basis that I stick to the plan as created by SC what is the likelihood of a CCJ being issued? This is important in my situation as my employer regularly credit checks me and a CCJ would lead to dismissal.

    Any stats/experiences shared would be very helpful.

Page 1
    • MovingForwards
    • By MovingForwards 25th May 19, 7:56 AM
    • 2,371 Posts
    • 2,798 Thanks
    • #2
    • 25th May 19, 7:56 AM
    • #2
    • 25th May 19, 7:56 AM
    As long as payments are being made, to the correct debt owner, you shouldn't get taken to court (court proceedings started) and a CCJ entered at the end of it.

    The problem is if a debt is missed off and not paid, then proceedings will be commenced.

    Have a good look over all your debts, ensure SC include them all, then look each month to make sure everyone is being paid.

    Would your employer be ok with defaults / late payments / arrangement to pay markers be on your credit file?
    • Southampton12
    • By Southampton12 25th May 19, 8:12 AM
    • 3 Posts
    • 1 Thanks
    • #3
    • 25th May 19, 8:12 AM
    • #3
    • 25th May 19, 8:12 AM
    Thanks MovingForward.

    I’ve checked my employee handbook and it mentions bankruptcy/ccj. I assume these are both matters of public record.

    I am lothe to mention this unnecessarily as I am afraid of disciplinary action.
    • sourcrates
    • By sourcrates 25th May 19, 9:33 AM
    • 18,466 Posts
    • 17,364 Thanks
    • #4
    • 25th May 19, 9:33 AM
    • #4
    • 25th May 19, 9:33 AM
    To put the matter into some perspective, less than 10% of defaulted debts ever find there way into the court system.

    Original creditors almost never take legal action, unless we are talking a lot of money, the normal course of events is to either pass a debt over to a collection agency to manage, or to cut all ties and sell the debt on.

    If you are making regular monthly payments through your DMP provider, then its highly unlikley that situation will escalate any further.
    Just for arguments sake, lets say one of your creditors did take you to court, there is a law in this counrty called the "pre-action protocol - (part of the civil procedure rules)", under this protocol the creditor has to write to you informing you of the potential commencement of legal action, this is called a "Letter before Action" or LBA for short.

    The LBA contains a questionaire type document which you must fill in and return within 30 days, its an oppertunity to come to an amicable arrangement with the creditor before the matter proceeds to court.
    Most cases are settled at this stage, for those that arnt, then your case is heard by a judge, who will decide what payment is appropriate, subject to your income/expenditure, if judgement is granted against you, you have a further 30 days to pay the judgement in full, without it appearing on your credit file.

    So no one just "gets" a CCJ, unless the creditor dosent hold a current address for you, then any court papers will go to the last address they had on file, which is how CCJ`s by default occur, like everything in life, there is a process to follow, and you have ample opportunity to agree terms without the need for it to progress to legal action.
    Last edited by sourcrates; 25-05-2019 at 3:44 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • owen_money
    • By owen_money 26th May 19, 10:56 AM
    • 727 Posts
    • 846 Thanks
    • #5
    • 26th May 19, 10:56 AM
    • #5
    • 26th May 19, 10:56 AM
    Check you work contract carefully as although you might not get a CCJ you will get default notices for breaking your credit agreements if you enter a DMP, which will show on your credit file, so therefore make sure defaults aren't mentioned in your employment contract either
    One man's folly is another man's wife. Helen Roland (1876 - 1950)
    • fatbelly
    • By fatbelly 26th May 19, 1:29 PM
    • 14,219 Posts
    • 11,239 Thanks
    • #6
    • 26th May 19, 1:29 PM
    • #6
    • 26th May 19, 1:29 PM
    Try to save any overtime/bonus/windfall payments into an emergency fund. In the remote chance of anyone getting a ccj (and as you've heard there are many steps for a creditor to go through first) then paying it within 28 days means it does not appear on your credit file.

    It could also mean that you could finish your dmp earlier by doing full & final settlement deals
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