Avoiding a CCJ. (Shoosmiths LLP dealing)

[Lees999]

Hello,

I have recently received a claim form regarding a debt of £12223.82 a loan from Egg Banking PLC (from approx. 2002) + £410.00 court fee. I have posted back the admission form to Shoosmiths today 6/3/15, with a small monthly offer. They declined my original monthly offer of £100, saying only £1000 per month or payment in full would prevent a CCJ.

I acknowledged the debt originally and was making payments of £10 per month, the debt was passed from agency to agency, I noticed payments had stopped coming out of my account for the past year, when contact with Soosmiths began on 15/12/14.

I believed it to be reasonable to offer £100 per month to prevent a CCJ. What would be my next best step to avoid a CCJ? If I can, 12 years since the original default.

Many thanks.

[stevemLS]

Re: Avoiding a CCJ. (Shoosmiths LLP dealing)

Sorry to say but you may well find it is already too late to avoid a CCJ given that you have admitted the debt.

There is a huge gulf between what you have offered to pay and what they want. Can you afford to up your offer. You may think £100/month reasonable but from their perspective it would take 10 years to clear at that rate (and 100 years at the rate you were paying!)

Do you own property with any equity?

At least if you gave the court details of your income and expenditure and made an offer it will set your payments at what it considers to be a reasonable level.

You may have been able to negotiate a payment rate in a Tomlin Order had you not already filed your admission but as far as I know it is now too late for that - others may be able to correct me if I am wrong.

Best of luck.

ETA: The length of time since default is immaterial in this circumstance, the limitation clock starts running from the last payment or written acknowledgement of the debt, whichever is the later.

[nemesis45]

Re: Avoiding a CCJ. (Shoosmiths LLP dealing)

Having admitted liability I suspect Shoosmiths will immediately apply for summary judgement.
Did you attach an I& E statement to the form.

The SB clock starts ticking on the date a contractual payment was due and not made after which no further payment or unequivocal written acknowledgment was ever made.
The issue of a County Court Claim stops the clock on the date of issue.

nem

[Streetwise]

Re: Avoiding a CCJ. (Shoosmiths LLP dealing)

Hello,

I have recently received a claim form regarding a debt of £12223.82 a loan from Egg Banking PLC (from approx. 2002) + £410.00 court fee. I have posted back the admission form to Shoosmiths today 6/3/15, with a small monthly offer. They declined my original monthly offer of £100, saying only £1000 per month or payment in full would prevent a CCJ.

I acknowledged the debt originally and was making payments of £10 per month, the debt was passed from agency to agency, I noticed payments had stopped coming out of my account for the past year, when contact with Soosmiths began on 15/12/14.

I believed it to be reasonable to offer £100 per month to prevent a CCJ. What would be my next best step to avoid a CCJ? If I can, 12 years since the original default.

Many thanks.

If i was in your position i would start looking for a personal loan ,before you get a CCJ or increase your mortgage if you have one to cover this debt and get it of your back.

[nemesis45]

Re: Avoiding a CCJ. (Shoosmiths LLP dealing)

If i was in your position i would start looking for a personal loan ,before you get a CCJ or increase your mortgage if you have one to cover this debt and get it of your back.

Taking on further debt to pay off existing delinquent credit really is not a sensible approach especially if ones credit profile is "doubtful" interest rates are likely to be punitive.

nem

[Streetwise]

Re: Avoiding a CCJ. (Shoosmiths LLP dealing)

Taking on further debt to pay off existing delinquent credit really is not a sensible approach especially if ones credit profile is "doubtful" interest rates are likely to be punitive.

nem

If i was in your position,only saying what i would do nem,its 12 years since the default the OP might be in a better financial position now,again i said only what i would do.