Court claim received

[nemesis45]

Re: Court claim received

Thanks to you both DC & nem, looks like the SB I thought was the case is now a no no!
Ok.. So what are my options now regarding court in March, is their anything I should do now rather than wait for this hearing that I don't stand a chance winning?
I already have a CCJ in place for a previous debt, managed to get a £5 a week payment plan on this 6 Grand debt, I am on a low income working part time, how do I get on with making an offer (small) for this debt,

Save me looking through a 150 posts Carts how much is the claim for?

My thought is IF there is no other line of defence now SB is no longer an option, lean towards an #
agreed reasonable, affordable and sustainable offer of payment secured by a consent (Tomlin) order.

No CCJ is given as long as the repayments are maintained.

nem

[Debt Camel]

Re: Court claim received

I already have a CCJ in place for a previous debt, managed to get a £5 a week payment plan on this 6 Grand debt, I am on a low income working part time, how do I get on with making an offer (small) for this debt,

Do you have other debts as well as this existing CCJ and this new claim? Possibly they have gone quiet for a while and you are hoping they have forgotten you or you are making low payments to?

Do you have any priority debts - rent/mortgage arrears, council tax, etc?

Are you renting or buying?

[carts69]

Re: Court claim received

The debt is £954, yes I have one final bebt in the background which has just changed hands, although this one needs my attention at the moment, yes I pay rent, council tax,water bills,electric, and have 2 children & in receipt of tax credits,no arrears all up to date!
So.. Looks like this Tomlin order is the answer here, how do I go about it?

[Debt Camel]

Re: Court claim received

yes I have one final bebt in the background which has just changed hands

Sorry to be persistent, but how large is this? It may be sensible for you to consider a Debt Relief Order that would get rid of all three debts including the existing CCJ.

[carts69]

Re: Court claim received

DC please don't say sorry when your the one helping me, your advice & help is much needed, the final debt in the background is for 3G ish, can't quite remember without looking? So..what is a debt relief order?

[nemesis45]

Re: Court claim received

The debt is £954, yes I have one final bebt in the background which has just changed hands, although this one needs my attention at the moment, yes I pay rent, council tax,water bills,electric, and have 2 children & in receipt of tax credits,no arrears all up to date!
So.. Looks like this Tomlin order is the answer here, how do I go about it?

I'll type up an explanation for you.
A Consent Order often called a Tomlin Order is an agreement between the parties to a claim.
An " agreement " is reached between the parties on the level of payments and the period of repayments
and the frequency of them.
A CO is drafted ( usually by the claimant) and both parties sign the order which is then sent to the court to
be " sealed, both parties receive a copy.
The claim is then stayed as long as the repayments are maintained, conditions in the order on missed or late
payments are usually quite strict. The claimant is able to apply for summary judgement if the agreement is
broken.
The fee for the order is paid by the claimant and added to the debt.

You make a formal written request to the claimant regarding reaching resolution of the claim by consent,
if the offer is as said reasonable, affordable and sustainable most claimants will agree.
( if they don't agree and the claim goes to trial, a judge may well take a dim view of the claimants stance.

You would be wise making a detailed I & E statement to support your proposal.

nem



nem

[Debt Camel]

Re: Court claim received

DC please don't say sorry when your the one helping me, your advice & help is much needed, the final debt in the background is for 3G ish, can't quite remember without looking? So..what is a debt relief order?

Sorry for saying sorry

A debt relief order is sometimes called bankruptcy-lite - it's faster, simpler and much cheaper. If you qualify, all your debts (which includes most sorts of debt except student loans, child maintenance and court fines) are wiped out after a year, during which time you make no payments at all and your creditors can't chase you. The main criteria are - debts less than £20k, renting not buying, money available to pay to debts less than £50 a month, assets less than £1k, no car or car worth less than £1k. More details in this guide: http://debtcamel.co.uk/debt-options/...relief-orders/

[carts69]

Re: Court claim received

A very interesting read DC, so what would be the best way to apply for this?

[Debt Camel]

Re: Court claim received

A very interesting read DC, so what would be the best way to apply for this?

You have to apply for a DRO through a specially authorised person ... The best places are your local Citizens Advice, National Debtline and StepChange. These will be able to talk you through (a) whether you meet the DRO criteria (they won't put you forward if you don't) and (b) whether you have any better options.

January is peak time for debt advisers. If you want to follow this up (and I think you should - get the information about whether you do qualify) I suggest phoning National Debtline and StepChange until someone picks up the phone at one of them. It may take several attempts.

I also suggest you carry on with looking at what do with this claim form eg applying for a Tomlin Order, until you have a debt advisor saying you qualify for a DRO and telling you what the timescale is.

[carts69]

Re: Court claim received

Yes I fully understand re continuing with the Tomling at this time, so for this do I simply write to BC with an offer of what I can afford each month & enclose a I & E statement, is their a template anywhere I can adapt with a I & E form, or do I simply compile my own layout?

[carts69]

Re: Court claim received

So regarding the DRO, when I determine what I have left at the end of the month.. What can & can't I include as outgoings, does my current CCJ count, if so..would it be possible to arrange a monthly payment with this current debt & use this also as an outgoing say..couple of months time, I ask this as I'm falling just a little short ot the £50 a month limit, either that or I'm selling myself short on my figures?

[Debt Camel]

Re: Court claim received

No your current CCJ doesn't count as if you get a DRO you won't be making any payments to this CCJ as it will be within the DRO.

I can't go through what the allowed expenses are with you here. You may well be selling yourself short as you say. National Debtline or StepChange will go through this.

[Stu]

Re: Court claim received

For me National Debtline are the ones to speak to for your DRO Carts. Its a fairly long 1hour + convo but it is thorough, and at the end they send you everything you need to send out the relevant companies .

[carts69]

Re: Court claim received

Ok, thanks I shall ring one of these, regarding the Tomlin order, do I write to BC with a monthly offer, I'm not too sure how to word it, may I have some advice please, oh.. Would they be interested in a reduced rate offer?

[carts69]

Re: Court claim received

Nem, can you give me some idea please on what to write to BC regarding making a monthly offer, as I understand from what you have said, this is my first step?