What should I do and whos best for help?

[Stevie666]

Hi All....

I was wondering if anybody could shed some light on my situation and suggest a way forward...

So I have myself around £6500 of debt which is made up of credit cards/catalogues etc all was fine until about 3 years ago when my wife was diagnosed with a brain tumor and she had to give up work about 18 months ago. Im now her carer and I too have now given up work and cant afford to pay my debts etc and alot of payments missed etc.

Sadly my situation isnt going to get better anytime soon and ile probably never go back to work. The benefits we get allow us to live but not pay my debts.
My wife has no debts and the house/morgage is in her name 100% completely as it was bought before we met etc.

From what I have read I think a DRO maybe the way forward for me? Im sure I meet all the requirements etc.

This is one problem but also one of my debts which was with studio catalogue was sold on to debt managers and they are trying to take me to court. They tried a ccj a while back and I defended and asked to see paperwork etc and it just fizzled out and stopped. Now a year or so later they have supplied the paperwork and got the case transfered to my local court and there is going to be a hearing next year in may. I have no idea what to do about this as I need to reply or do something by 17th Jan, its a little confusing.

Any advice would be great...

Thanks

[echat11]

Hi stevie666

What paperwork have they supplied?

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

In your circumstances I'd be asking them to write off the debt, but as it's reached the courts it's unlikely they would. When was the account opened?

[seduraed]

Write to all other creditors explain the situation and see if you can debt write-off. Make sure you are getting Carers allowance, Register with your utility providers as vulnerable persons.

[Stevie666]

Sorry for the late reply.

I will look into getting the debts written off but I think thats maybe too late.

With regards to the court action its a hearing about getting my defence struck out and the courts are asking for a witness statement by the 17th Jan.
The Court hearing is in May.
Now what happens if I dont give a witness statement?
If it gets to the court date will it just goto a ccj?
Sorry I know nothing about these things...

Also I have spoken to the CAB now its open again and they seem to think I will probably get a DRO and if I applied now and it all goes through the court hearing will be cancelled etc .. Is that correct?

[echat11]

To be clear, what exactly do the Court want you to file? a Defence or Witness Statement?

They'd get a default judgement then apply for a CCJ.

Example of a Witness Statement.

https://legalbeagles.info/forums/for...ness-statement

Yes it should cancel.

[Stevie666]

It says on the court letter...

It is ordered that..
1. The claimants application to list stay and summary judgement/strikeout out be listed for an estimated length of hearing 1 hour,by bt meet me
2. The claimant do serve application on the defendant within 14 days of receipt of this order.
3. The defendant do file and serve a witness statement and evidence in response by 17th Jan

So what happens if I dont do a witness statement?

[echat11]

It says on the court letter...

It is ordered that..
1. The claimants application to list stay and summary judgement/strikeout out be listed for an estimated length of hearing 1 hour,by bt meet me
2. The claimant do serve application on the defendant within 14 days of receipt of this order.
3. The defendant do file and serve a witness statement and evidence in response by 17th Jan

So what happens if I dont do a witness statement?

They'd get a default judgement then apply for a CCJ.

[Stevie666]

Just to be clear it would default on the May court date? or before that as I didnt put one in before jan 17th?

[echat11]

Just to be clear it would default on the May court date? or before that as I didnt put one in before jan 17th?

Soon after the 17th January, they could seek a Default Judgement, then apply for a CCJ.

[Stevie666]

Ok ile put a statement in then so it will buy me time till may and fingers crossed my dro will be sorted by then.

[echat11]

Ok ile put a statement in then so it will buy me time till may and fingers crossed my dro will be sorted by then.

If you get stuck give us a shout.

[Stevie666]

Thank you

[Stevie666]

Actually now going through the paperwork they never did supply the proper signed credit agreement etc, I just got a print off a year or so after I requested it and it wasnt signed and could of been made by anybody. Anyway thanks again and ile put a basic statement together

[des8]

That's three adverts from a rather dim USA lawyer who hasn't done his homework and thinks looking for business in the UK will be worthwhile GRLWTCS22