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Dear Beagles
Long-time lurker finally digging my head out of the sand here and trying to engage with my debts - I sincerely hope someone can suggest a sensible course of action here.
Very long story short, I am at the hail mary stage with one DCA.
I was issued a NCC claim pack for a debt of £1000 in August. At this point, I had no idea about the best way to do things, nor any knowledge of DCA practice.
Instead of responding via MCOL, I called the DCA and arranged a payment plan to settle the debt out of court, over 6 months.
The DCA agent told me that I wouldn't need to respond to any court papers if this payment schedule was upheld.
Just before the first payment was due to be paid, I was chased by the original creditor for the sum - so I wrote to the DCA asking for them to prove that they had the right to collect this debt.
They advised that 'all collection will be on hold - this may take up to 28 days'. They took 70 (seventy!) days to respond. This was not a formal CCA request, but it does seem to show the assignment of the debt.
I then entered into a series of negotiations with this company to try and reinstate the payment plan - but because they have taken so long to prove they own the debt, their deadline to request default judgement (6 months from claim issue) is approaching on Friday this coming week, and they will not settle for any plan or reduced sum.
In short then, I have no idea how to avoid a CCJ here - in a week's time I have to either come up with £1000, or in 30 days come up with £1300 (including court fees) to 'pay away' the CCJ record.
I cannot think of anything else to do - I've surely left it far too late to defend the case on MCOL - and even then, I'm not sure I have a viable defence.
I would greatly appreciate anyone's advice on this one.
Birch x
Long-time lurker finally digging my head out of the sand here and trying to engage with my debts - I sincerely hope someone can suggest a sensible course of action here.
Very long story short, I am at the hail mary stage with one DCA.
I was issued a NCC claim pack for a debt of £1000 in August. At this point, I had no idea about the best way to do things, nor any knowledge of DCA practice.
Instead of responding via MCOL, I called the DCA and arranged a payment plan to settle the debt out of court, over 6 months.
The DCA agent told me that I wouldn't need to respond to any court papers if this payment schedule was upheld.
Just before the first payment was due to be paid, I was chased by the original creditor for the sum - so I wrote to the DCA asking for them to prove that they had the right to collect this debt.
They advised that 'all collection will be on hold - this may take up to 28 days'. They took 70 (seventy!) days to respond. This was not a formal CCA request, but it does seem to show the assignment of the debt.
I then entered into a series of negotiations with this company to try and reinstate the payment plan - but because they have taken so long to prove they own the debt, their deadline to request default judgement (6 months from claim issue) is approaching on Friday this coming week, and they will not settle for any plan or reduced sum.
In short then, I have no idea how to avoid a CCJ here - in a week's time I have to either come up with £1000, or in 30 days come up with £1300 (including court fees) to 'pay away' the CCJ record.
I cannot think of anything else to do - I've surely left it far too late to defend the case on MCOL - and even then, I'm not sure I have a viable defence.
I would greatly appreciate anyone's advice on this one.
Birch x
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