Ccj application to lift stay

[Dolally1]

Hello!


I’ll try and keep this short… £8,000 credit card debit, not SB and enforcable. stayed court proceedings that claimant has now applied to lift and send to fast track presumably for ccj for non payment. At what point can we no longer approach claimant to make offer of repayment? We are still waiting for them to tell us if this debt is one subject to payment plan with another creditor that’s been transferred to them. They’ve ignored this request and pressed on with requesting the stay to be lifted. Or shall I just include this detail when I return the directions questionnaire? Have no issues admitting the debt just wanted the point above clarifying!! But will probably end up with CCJ if they continue to ignore our question. Any thoughts or suggestions appreciated. Is it too late to write direct to claimant?

[echat11]

Hello!


I’ll try and keep this short… £8,000 credit card debit, not SB and enforcable. stayed court proceedings that claimant has now applied to lift and send to fast track presumably for ccj for non payment. At what point can we no longer approach claimant to make offer of repayment? We are still waiting for them to tell us if this debt is one subject to payment plan with another creditor that’s been transferred to them. They’ve ignored this request and pressed on with requesting the stay to be lifted. Or shall I just include this detail when I return the directions questionnaire? Have no issues admitting the debt just wanted the point above clarifying!! But will probably end up with CCJ if they continue to ignore our question. Any thoughts or suggestions appreciated. Is it too late to write direct to claimant?

They need to get a Judgement in their favour and you would have to ignore that Judgement for them to get a CCJ.

If Cabot are ignoring your communications, lodge a formal complaint with them, follow the complaint procedure on their website.

The Courts want you to settle the matter without a Hearing, so you can make 'Without Prejudice' offers throughout the process, just make sure you write 'Without Prejudice' on the offer letter.

[JK2054]

you may see them come back with WPSATC just fyi

[Huxie]

For info:
WPSATC = Without Prejudice Save as to Costs

[Dolally1]

Ok, thank you for this. So I’ll complete the Directions questionnaire and return. Plus write to Kearns solicitors (acting on behalf of LC) making a complaint that they haven’t actually answered our queries re the previous payment plan. And state we are happy to offer monthly repayments and enter discussions just would like our query answering. And send this letter to Kearns and copy it to the court (so they can see we are open to entering discussions)?

[echat11]

Ok, thank you for this. So I’ll complete the Directions questionnaire and return. Plus write to Kearns solicitors (acting on behalf of LC) making a complaint that they haven’t actually answered our queries re the previous payment plan. And state we are happy to offer monthly repayments and enter discussions just would like our query answering. And send this letter to Kearns and copy it to the court (so they can see we are open to entering discussions)?

There is no point in sending it to the Court, it has 'Without Prejudice Save as to Costs', it's only relevant if the matter reaches Court and only after the case is over. You can show that you made attempts to resolve the matter.

[JK2054]

Ok, thank you for this. So I’ll complete the Directions questionnaire and return. Plus write to Kearns solicitors (acting on behalf of LC) making a complaint that they haven’t actually answered our queries re the previous payment plan. And state we are happy to offer monthly repayments and enter discussions just would like our query answering. And send this letter to Kearns and copy it to the court (so they can see we are open to entering discussions)?

send it as sepererate emails