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How to avoid a CCJ?

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  • How to avoid a CCJ?

    Hello all

    I was previously self-employed as a sole trader prior to 2020. The business failed, and I accrued debts of around £15,000 which I have a plan to pay off and am doing so, slowly but surely (I am now in full-time employment).

    Unfortunately, another creditor, a previous supplier of mine for which I owe unpaid invoices to, has got a commercial debt recovery business involved with my case, who have in turn started legal proceedings against me. I have received a court claim form.

    The unpaid invoices total £5,000. With court costs, interest and other fees, the commercial debt recovery company are claiming £7,000.

    I cannot afford to pay this off in one go. I am happy to pay in small instalments until my financial situation improves, but what is really important to me right now is that I do not get a CCJ against me, affecting my credit score.

    I cannot pay the full amount in one lump sum, and from what I understand, even offering to pay the amount by instalments will result in a CCJ against me. Is there really no way to avoid a CCJ at this stage without paying off the full balance of £7,000 in one go?
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  • #2
    If proceedings have started and you have no defence then the only way to avoid a CCJ is to pay it off in full including interest & charges. I would guess if it goes ahead and they win they will commence enforcement and with the sum involved will go to a High Court Writ meaning the debt will probably go in excess of £10k.

    Comment


    • #3
      Originally posted by ploddertom View Post
      If proceedings have started and you have no defence then the only way to avoid a CCJ is to pay it off in full including interest & charges. I would guess if it goes ahead and they win they will commence enforcement and with the sum involved will go to a High Court Writ meaning the debt will probably go in excess of £10k.
      Thank you.

      So to clarify, if I acknowledge the debt, fill out the admission form asking to pay in instalments, send this form to my creditor as requested and they accept, I will still receive a CCJ even if the case doesn't go to court?

      Comment


      • #4
        More than likely, it is just a rubber stamping exercise.

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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