CCJ now passed to solicitor?

Acidvenus · 18 September 2019 at 7:49PM

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.

SlippyEdge · 19 September 2019 at 9:12AM

Acidvenus wrote: »

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.

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 · 19 September 2019 at 4:46PM

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.

Acidvenus · 20 September 2019 at 9:12PM

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 · 20 September 2019 at 9:20PM

Acidvenus wrote: »

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.

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

Acidvenus · 20 September 2019 at 9:59PM

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 · 21 September 2019 at 9:34PM

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 · 4 October 2019 at 4:44PM

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 · 4 October 2019 at 8:41PM

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.

Acidvenus · 4 October 2019 at 8:53PM

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 · 5 October 2019 at 11:17AM

Acidvenus wrote: »

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.

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/

CCJ now passed to solicitor?

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