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Threat of court proceedings in 14 days
I have a debt for just over 3k due to expire in two months
It is my only debt therefore i do not want a ccj.
I have been getting correspondence from a solicitors the last month and a half, they sent three in total now. The one today says the next step will be court if we cannot agree within the next 14 days.
I spoke to a debt advice charity but wasn't quite happy with their advice, he was almost saying risk it and then sort of saying but you have to be aware blah, they wont send you that, why did it take them nearly 6 years etc . If i was a bit of a numpty i might have taken many wrong impressions from that call.
Now, i had a similar amount of letters from other solicitors last year for two other debts, that were about 700 each. I ignored them like he suggested today and they took it to court and i got ccj papers twice. I had to pay them.
He said today, call them rather than email because that's not acknowledging. That sounds right to me.
He also said, the debt might be statute barred already? This was a bank overdraft and he said they might have called it in earlier than the default date?
Trouble is i have no paper work and the access request seems like it takes 40 days. In which they could easily reply sorry we cant give you info without blah etc.
So i feel im in a predicament here.
He also said, if they issue the ccj, i can defend and say its statute barred? And then theres a hearing. If at the end of the hearing the debt is not statute barred , do you get chance to pay the outstanding balance or is it straight ccj?
And how likely is it that the solicitors and dca dont have the original loan agreement etc? I think its passed agencies twice.
Also, if i make monthly payments, which i cant exactly afford already having council tax, and then find the debt is barred can you get the money you paid back or have you started the process again? One of the angles the charity guy was saying was along the lines of you can get into agreements and try get the ccj set aside after if you have evidence of statute barred.
All i know is it sounds pretty stressful and complex and i don't feel the charity guy was mega helpful. His first angle was guiding me to monthly repayments and putting a ccj on my file if they take it that far.
Im leaning towards calling them to try and make an offer on the debt so that it expires in a couple of months? Do you know what they'd likely accept off someone with tax debts who is self employed on a 3k debt nearly 6 years old?
Also is there a way to maybe stall the dca over the phone without acknowledging the debt buying time for the subject access to come working on the assumption the subject access can be done based on you giving them your name old address and the sort code you think you had, i think i do know the sort code of the branch to be honest. Although this will take 40 days to come to fruition no doubt and by then i could get the ccj as the debt is close to its expiry and the solicitors seem to know that,
Please any advice welcome i know there's some knowledgeable people here and if you know any free legal or cheap advice for such matters id appreciate it if the questions i'm asking are to complex etc. Just a shame the charity debt advice was so hit and miss but guess i can call another to see their opinons too.
Help
It is my only debt therefore i do not want a ccj.
I have been getting correspondence from a solicitors the last month and a half, they sent three in total now. The one today says the next step will be court if we cannot agree within the next 14 days.
I spoke to a debt advice charity but wasn't quite happy with their advice, he was almost saying risk it and then sort of saying but you have to be aware blah, they wont send you that, why did it take them nearly 6 years etc . If i was a bit of a numpty i might have taken many wrong impressions from that call.
Now, i had a similar amount of letters from other solicitors last year for two other debts, that were about 700 each. I ignored them like he suggested today and they took it to court and i got ccj papers twice. I had to pay them.
He said today, call them rather than email because that's not acknowledging. That sounds right to me.
He also said, the debt might be statute barred already? This was a bank overdraft and he said they might have called it in earlier than the default date?
Trouble is i have no paper work and the access request seems like it takes 40 days. In which they could easily reply sorry we cant give you info without blah etc.
So i feel im in a predicament here.
He also said, if they issue the ccj, i can defend and say its statute barred? And then theres a hearing. If at the end of the hearing the debt is not statute barred , do you get chance to pay the outstanding balance or is it straight ccj?
And how likely is it that the solicitors and dca dont have the original loan agreement etc? I think its passed agencies twice.
Also, if i make monthly payments, which i cant exactly afford already having council tax, and then find the debt is barred can you get the money you paid back or have you started the process again? One of the angles the charity guy was saying was along the lines of you can get into agreements and try get the ccj set aside after if you have evidence of statute barred.
All i know is it sounds pretty stressful and complex and i don't feel the charity guy was mega helpful. His first angle was guiding me to monthly repayments and putting a ccj on my file if they take it that far.
Im leaning towards calling them to try and make an offer on the debt so that it expires in a couple of months? Do you know what they'd likely accept off someone with tax debts who is self employed on a 3k debt nearly 6 years old?
Also is there a way to maybe stall the dca over the phone without acknowledging the debt buying time for the subject access to come working on the assumption the subject access can be done based on you giving them your name old address and the sort code you think you had, i think i do know the sort code of the branch to be honest. Although this will take 40 days to come to fruition no doubt and by then i could get the ccj as the debt is close to its expiry and the solicitors seem to know that,
Please any advice welcome i know there's some knowledgeable people here and if you know any free legal or cheap advice for such matters id appreciate it if the questions i'm asking are to complex etc. Just a shame the charity debt advice was so hit and miss but guess i can call another to see their opinons too.
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