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    • Acidvenus
    • By Acidvenus 18th Sep 19, 6:49 PM
    • 6Posts
    • 0Thanks
    Acidvenus
    CCJ now passed to solicitor?
    • #1
    • 18th Sep 19, 6:49 PM
    CCJ now passed to solicitor? 18th Sep 19 at 6:49 PM
    I won't tell you my whole life story but in 2012 lost my job and couldn't pay my debts, life circumstances meant I had to move house a lot too.

    Anyway loaded my credit report a couple of months ago and noticed two CCJs from 2016 and 2017. I was going to find out how I go about making small monthly payments.

    I've got home today and weirdly I have a letter from Arrow saying they passed my debt (relating to one of the CCJs) to drysdens solicitors.

    I thought once the CCJ was in place they couldn't sell or transfer the debt on? Also what is likely to happen next? Shall I wait for the first letter from the solicitors? I assume they can't take any action without notifying me first? I live in a shared house so I don't want to come home one day to find someone else has let them in and into my room and bailiffs have taken my stuff.

    Also if they applied for an attachment to earnings they'd probably take a good chunk of my wage which I really can't afford to lose.
    I was always worried about offering a very little amount and they just reject it and take further action.
    I realise something like 10 per month is nothing compared to the 4 figures on each CCJ but I genuinely cannot pay more. The idea is I erode the debt down slowly and then if I get a bonus at work or a promotion I can pay more in the future.

    I'm just dreading the worst now, and I'm not sure how I would cope mentally, I've never been to the doctor's about it but I've had some really hard lows and these coming to bite me in the bum is only going to trigger it if they don't accept any offers or they just take action without telling me.

    Thanks for reading.
    I was going to post in the CAB section but apparently I don't have permission.
Page 1
    • SlippyEdge
    • By SlippyEdge 19th Sep 19, 8:12 AM
    • 6 Posts
    • 1 Thanks
    SlippyEdge
    • #2
    • 19th Sep 19, 8:12 AM
    • #2
    • 19th Sep 19, 8:12 AM
    I won't tell you my whole life story but in 2012 lost my job and couldn't pay my debts, life circumstances meant I had to move house a lot too.

    Anyway loaded my credit report a couple of months ago and noticed two CCJs from 2016 and 2017. I was going to find out how I go about making small monthly payments.

    I've got home today and weirdly I have a letter from Arrow saying they passed my debt (relating to one of the CCJs) to drysdens solicitors.

    I thought once the CCJ was in place they couldn't sell or transfer the debt on? Also what is likely to happen next? Shall I wait for the first letter from the solicitors? I assume they can't take any action without notifying me first? I live in a shared house so I don't want to come home one day to find someone else has let them in and into my room and bailiffs have taken my stuff.

    Also if they applied for an attachment to earnings they'd probably take a good chunk of my wage which I really can't afford to lose.
    I was always worried about offering a very little amount and they just reject it and take further action.
    I realise something like 10 per month is nothing compared to the 4 figures on each CCJ but I genuinely cannot pay more. The idea is I erode the debt down slowly and then if I get a bonus at work or a promotion I can pay more in the future.

    I'm just dreading the worst now, and I'm not sure how I would cope mentally, I've never been to the doctor's about it but I've had some really hard lows and these coming to bite me in the bum is only going to trigger it if they don't accept any offers or they just take action without telling me.

    Thanks for reading.
    I was going to post in the CAB section but apparently I don't have permission.
    Originally posted by Acidvenus
    Anyone can request a solicitor acts on their behalf on any matter (assuming the solicitor agrees).

    The court will decide what you can afford (if you plan to request a payment plan) based on your financial situation both now and possibly in the future, and take into account the amount you owe

    But the court will not be as sympathetic 2-4 years after judgement, as it would have been at the time of judgement.

    If there really is no viable opportunity for you to settle these court orders immediately, or over a reasonable period, the court may inform the claimant to seek alternative enforcement, including as a last resort possibly your bankruptcy if appropriate.

    However, it seems the claimant may have some questions the court want answering first, such as what have they been doing for the last 2-4 years to try to enforce the court orders?

    I'm sure none of this will be necessary. Get on with complying the best you can with the court orders you have had against you for the last 2-4 years.
    • sourcrates
    • By sourcrates 19th Sep 19, 3:46 PM
    • 18,486 Posts
    • 17,383 Thanks
    sourcrates
    • #3
    • 19th Sep 19, 3:46 PM
    • #3
    • 19th Sep 19, 3:46 PM
    Drydens are the legal arm of Arrow Global, so nothing has been sold.
    It appears they want to further enforce the judgement.

    If the current payment is unaffordable, apply to the court to reduce it, it’s called “application to vary a judgement”.

    You do this using court form N-245, which you can download off the web, there may be a fee to pay.
    Check if you can get remission on the fee by completing form EX-160, also available to download.
    Last edited by sourcrates; 19-09-2019 at 4:20 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".

    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Acidvenus
    • By Acidvenus 20th Sep 19, 8:12 PM
    • 6 Posts
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    Acidvenus
    • #4
    • 20th Sep 19, 8:12 PM
    • #4
    • 20th Sep 19, 8:12 PM
    Thanks for the replies. They wrote the letter as though it was a different company altogether so I would assume I'll get another letter with the action they wish to take? Then I can communicate with them.

    I know a lot of people pretend they haven't got letters but I have genuinely moved house more times than the number of years that have passed between the default and the CCJs.

    Let's assume they dont listen or believe my financial situation if I filled out an income and expenditure form and they did an attachment to earnings, what do they take? Is it a percentage? If so what percentage?

    I do expect a promotion in a few months and would maybe be able to afford 50 on each per month which may not be ideal for them but it would be paid off in the same time as the original loan would have if I hadn't been out of work and continued to pay.
    • Willing2Learn
    • By Willing2Learn 20th Sep 19, 8:20 PM
    • 4,451 Posts
    • 3,997 Thanks
    Willing2Learn
    • #5
    • 20th Sep 19, 8:20 PM
    • #5
    • 20th Sep 19, 8:20 PM
    I do expect a promotion in a few months and would maybe be able to afford 50 on each per month which may not be ideal for them but it would be paid off in the same time as the original loan would have if I hadn't been out of work and continued to pay.
    Originally posted by Acidvenus
    When you make the application to vary the judgement, I recommend only using your current salary in your monthly budget calculations (ie not including the possible extra 50 for promotion). It should be based on what is affordable, on your current monthly budget (and not what your income might become).

    https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • Acidvenus
    • By Acidvenus 20th Sep 19, 8:59 PM
    • 6 Posts
    • 0 Thanks
    Acidvenus
    • #6
    • 20th Sep 19, 8:59 PM
    • #6
    • 20th Sep 19, 8:59 PM
    Thanks for the link, I'll take a look.
    It's strange I haven't had a letter before now, as this is the address I've been at the longest in recent times and Arrow did a search on my file for 'admin review' back in January 2018.
    • nic_c
    • By nic_c 21st Sep 19, 8:34 PM
    • 2,146 Posts
    • 1,120 Thanks
    nic_c
    • #7
    • 21st Sep 19, 8:34 PM
    • #7
    • 21st Sep 19, 8:34 PM
    DMC tend to blast people with letters and if no joy leave it a while then go again later. So they checked your address in Jan 2018 to see recent activity, maybe they sent letters maybe not either way they probably decided to enforce the CCJ - it i best to contact before more costs and fees are added. Do you know what the CCJ ordered you to pay, if unaffordable have you offered less - send a letter, they may accept or they may ask for a financial statement. Just it will save the 50 variation order fee that way. Bear in mind if you go the variation route it can take time for it to be processed, and Arrow/Drydens will be pursuing you in the meantime.
    • Acidvenus
    • By Acidvenus 4th Oct 19, 3:44 PM
    • 6 Posts
    • 0 Thanks
    Acidvenus
    • #8
    • 4th Oct 19, 3:44 PM
    • #8
    • 4th Oct 19, 3:44 PM
    Well Dryden's sent a letter, I registered on their website and filled out an income and expenditure and made my monthly offer.
    This was 5 days ago. Letter dated 26th September gave me 14 days before they consider enforcement.

    So I haven't heard anything from them. Now after all the anxiety about talking to them ingot the balls to call them but they have an "unprecedented volume of calls" according to the automated message and will call me back but may take 4 working days!!

    This will take me to the 14 day limit from the letter!
    They threaten enforcement within a timeframe but then you can't get in touch with them!
    • sourcrates
    • By sourcrates 4th Oct 19, 7:41 PM
    • 18,486 Posts
    • 17,383 Thanks
    sourcrates
    • #9
    • 4th Oct 19, 7:41 PM
    • #9
    • 4th Oct 19, 7:41 PM
    Don’t pay too much heed to their imaginary timescales, they like to think they have some kind of power over you, I could consider going on holiday to avoid brexit, but alas I will probably not do so.

    They will be in touch.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".

    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Acidvenus
    • By Acidvenus 4th Oct 19, 7:53 PM
    • 6 Posts
    • 0 Thanks
    Acidvenus
    Let's hope so. I just don't want them to assume I haven't been in touch and suddenly a good chunk of my wage is gone next pay day because they got an attachment to earnings.
    • nic_c
    • By nic_c 5th Oct 19, 10:17 AM
    • 2,146 Posts
    • 1,120 Thanks
    nic_c
    Let's hope so. I just don't want them to assume I haven't been in touch and suddenly a good chunk of my wage is gone next pay day because they got an attachment to earnings.
    Originally posted by Acidvenus
    Attachment of Earnings doesn't work like that, the courts send out a statement of means form to you, so you fill that out and reply to the court. You can still pay the creditor directly rather than it meaning it has to be deducted from wages https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-money-from-your-wages/
    Last edited by nic_c; 05-10-2019 at 10:26 AM.
    • Acidvenus
    • By Acidvenus 5th Oct 19, 11:33 AM
    • 6 Posts
    • 0 Thanks
    Acidvenus
    Ah ok, so they can't just slap one on their without the court sending me a form first, that's good to know. I already feel better knowing that.
    It's kinda spoiled my week off work but feel less anxious about it now.
    • nic_c
    • By nic_c 5th Oct 19, 12:27 PM
    • 2,146 Posts
    • 1,120 Thanks
    nic_c
    Ah ok, so they can't just slap one on their without the court sending me a form first, that's good to know. I already feel better knowing that.
    It's kinda spoiled my week off work but feel less anxious about it now.
    Originally posted by Acidvenus
    The court post out an N56 form, this may be from the moneyclaim centre rather than a local CC, if somehow you don't get it or don't reply it will be transferred to a local court and a bailiff will hand deliver a N61 form (effectively the same form which you fill in and send off) and if you don't a bailiff will hand deliver an N63 form where you attend court and give the statement of means in person. So it's not a case of a letter is sent and if you miss you end up with an attachment of earnings (after all it's been known for the claims forms from moneyclaim centre go astray and a default CCJ registered). Whilst your creditor may or maynot know who you work for, no requirement for you to tell them, the court will ask you which you have to divulge in the form.
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