14 day notice from solicitors received.

[The Debt Star]

Re: 14 day notice from solicitors received.

Is this guys only option to contest the CCJ?

[FlamingParrot]

Re: 14 day notice from solicitors received.

As the debt is £13k it's well over the small claims threshold so it is worth looking at the possibility of legal representation on a no-win-no-fee basis. Why not contact these guys -> http://www.watsonssolicitors.co.uk/contact.html They have won quite a few cases, including this one, where the defendant is also a member here -> http://www.bbc.co.uk/news/business-17670803

If the potential to defend doesn't look very solid, they may be able to suggest options to avoid a CCJ, such as a Tomlin Order or a Consent Order.

[The Debt Star]

Re: 14 day notice from solicitors received.

If the potential to defend doesn't look very solid, they may be able to suggest options to avoid a CCJ, such as a Tomlin Order or a Consent Order.

Which presumably might enable him to keep his present job?

[FlamingParrot]

Re: 14 day notice from solicitors received.

Which presumably might enable him to keep his present job?

That's the idea! :thumb:

But only in the event the debt can't be successfully defended. From posts above, it looks like the OP hasn't got any documents yet, to be able to establish whether the claimants have a leg to stand on or not! :noidea:

[The Debt Star]

Re: 14 day notice from solicitors received.

Thanks parrot, I do feel for this guy, the wretched recession has been to blame. But my concern with all these U/E cases is that it can lead too far in the wrong direction when perhaps thrashing out an arrangement with the creditor may be the way to go....?

[FlamingParrot]

Re: 14 day notice from solicitors received.

There's no reason not to look at both options, if there's a good chance with UE then why not? Look at the case above! :high5: If that's not an option then it's time to look at Option B as noted above.

The credit crunch was brought about by the greed of the very same financial in$titution$ who are chasing debtors and ruining everyone's lives. :rant::rant::rant:When they got into trouble, many of them got bailed out but there was not bail out for us debtors. They were so greedy that in many cases they didn't even bother to go by the book or to keep the documents. The bonu$ culture was behind the whole thing as bonu$e$ are paid in relation to last year's performance, without any regard for the future. Basically the more the merrier, if you were in mortgages then the more approvals and the higher the volume, the bigger the bonu$. Same for credit cards, loans, etc. The result was the global financial meltdown, and also the possibility of UE.

When it comes to options, the more the merrier!

[labman]

Re: 14 day notice from solicitors received.

If you can find a good debt adviser who is prepared to negotiate on your behalf, it is often possible to stop court action by arranging a repayment plan directly through the solicitors. There would normally be a proviso along the lines of if there are any missed payments they go for a Forthwith Order and then a Charging order on your property.

I don't remember reading this, so will ask - apologies if you've already mentioned it - have you any equity in your property? Is there anyone you know who may act as guarantor for the debt against an agreed repayment plan?

These are all avenues worth exploring - you need to find a good debt adviser.

[FlamingParrot]

Re: 14 day notice from solicitors received.

We also need to know a bit more about this debt and the history of it, what documents the OP has, etc.

[PlanB]

Re: 14 day notice from solicitors received.

Legal proceedings have already been issued so I think the OP needs legal advice on whether he has a viable defence or not. It's not just going to go away and the clock is ticking. If he hasn't got a defence then he can look at the alternatives. But it's a lot easier to negotiate with a creditor when they're faced with the realization that they may not have a hope in hell of winning a case.

A good solicitor will be able to look at the paperwork and give him an immediate assessment of his prospects in court. I was the defendant in the Santander vs. Mayhew case referenced in the earlier post. The Claimant wasn't interested in settling because they were determined to get a CCJ and a CO. Then they lost in court and had to pay thousands of pounds in costs.

[FlamingParrot]

Re: 14 day notice from solicitors received.

Looks like the OP's job may be in jeopardy if there's a CCJ, regardless of home ownership and the possibility of a CO, the OP should definitely seek legal advice for this very reason. I know people who, despite not having a viable defence, have managed to settle and avoid a CCJ with the help of the solicitors mentioned above. :grin:

[labman]

Re: 14 day notice from solicitors received.

It is quite common to come to a pre-court arrangement. Any solicitor that does regular work for a DCA such as Aspens will be half expecting it. Some, like Shoosmiths, like to push on regardless for the CO to secure the debt.

Agreed it is important to know what, if any, defence the OP has.

[M1970]

Re: 14 day notice from solicitors received.

thank you everyone.

At present I have not had a formal reply to CPR 31.14. The DCA have simply sent a letter informing me they are waiting on information from the original creditor.

[CleverClogs]

Re: 14 day notice from solicitors received.

As it seems the claimant is playing at Silly Buggers, it is imperative for you to be represented by a solicitor who can prepare an "unless" order for the claim to be struck out unless the claimant behaves properly.

[CleverClogs]

Re: 14 day notice from solicitors received.

A good solicitor will be able to look at the paperwork and give him an immediate assessment of his prospects in court. I was the defendant in the Santander vs. Mayhew case referenced in the earlier post. The Claimant wasn't interested in settling because they were determined to get a CCJ and a CO. Then they lost in court and had to pay thousands of pounds in costs.

Have you thought of getting some compensation from Satander?

[The Debt Star]

Re: 14 day notice from solicitors received.

thank you everyone.

At present I have not had a formal reply to CPR 31.14. The DCA have simply sent a letter informing me they are waiting on information from the original creditor.

Have you found out yet what the actual FSA position is for members who get a CCJ? Have you researched that issue yet? It may determine the entire route you go down.