CCJ off Payday Loans

craig2003 · 27 October 2013 at 11:24AM

Hi, not sure if I am posting in the right section, new to this.
I had a payday loan with Debitcard loans in Oct 2008 for £200, I made a number of payments to this for roughly 6 months at the time of £40 each time. I had some problems and stopped paying the roll over payments after 6 months and i had previously been in contact with them to make arrangment to clear it at £40 a month. . I had numerous letters calls ect and ignored most, I did explain to them that I had pay 6 x £40 payments =£240 more then the loan at the time.. Suddenly calls and stopped, had occasional letter. It is now Oct 2013 and I have received a CCJ claim form for Northampton court from Debitcard loans for £317.
Particulars of the claim state I had a loan for £160 and agreed to pay a charge of £40 per month or £200 to clear the loan, I then defaulted the account on the 28/07/2009.
I Have 14days to respond to the claim, has anyone any advice??

yoshiyella · 27 October 2013 at 11:37AM

However, you only paid a roll over fee so it was almost as if you were taking out a new payday loan for each of them 6 months so you never paid back the original debt. If I was you I would try and pay that CCJ payment in full within 28 days that way the CCJ will not be registered on your credit file and in 2 years time your default will go off your record. And this debt will be history.

sourcrates · 27 October 2013 at 12:06PM

If you cant afford the full amount, you must make an offer of payment to the court that you can afford, and be able to stick too.
Because if you default on a CCJ then that is an entirely new ball game involving bailiffs taking your stuff to satisfy the debt, and you don't want to be going down that road, so make them an offer you know you can stick too, and more than likely that's what the court will order you to pay.

craig2003 · 27 October 2013 at 2:28PM

I can not afford full payment right now . Could I not dispute this payment in court?

matttye · 27 October 2013 at 2:43PM

Doubtful.

You'd have to have a look at the terms and conditions you agreed to at the time, and see whether or not they are acting in accordance with them. If they are, you won't have a leg to stand on.

happy_bunny_2 · 27 October 2013 at 3:48PM

You can make an offer per month to the court, which is likely to be accepted if reasonable.

Your only other options are to defend on on technicality you find in the contract, or hope the judge thinks 6 months interest payments are unreasonable after default. Have they behaved unreasonably to you? Ignoring you, refusing offers of payment etc

Did they default you on your credit report?

craig2003 · 27 October 2013 at 4:50PM

To be honest I buried my head and ignored them years ago, I never attempted any payment plans ect. If I make an offer to the court will I have a ccj on my file for 5 years then?

happy_bunny_2 · 27 October 2013 at 4:55PM

CCJ stays for 6 years I think. Best avoided if at all possible.

craig2003 · 27 October 2013 at 5:35PM

So if I offer to pay 10 a month on the claim form I wont get a ccj?

happy_bunny_2 · 27 October 2013 at 6:05PM

You can call them, agree to repay each month and if they agree avoid court.

Or you can go to court, ask to pay £10 per month and that gets a CCJ. The amount is based on what you offer and can afford.

craig2003 · 30 October 2013 at 3:52PM

Really dont want another CCJ, but have not got the money to pay in full..Stuck!

CCJ off Payday Loans

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