Ccj enforcement

[Toydoll81]

I've just moved house and found court paperwork relating to a unsecured loan. The court papers were issued in December 2014. Obviously as I've just found them I didn't respond to them or anything. I've looked at my credit file and I now have a Ccj. I don't dispute I owed the money and for the past 8 years have buried my head in the sand in regards to my debts.

However, I've just moved into a council property where I have assured tenancy and I'll not be moving again ever. In the last 8 years I've moved house at least once a yet which is why I've been able to avoid bailiffs etc.

I'm now concerned that bailiffs will be able to locate me and although I never open the front door to unknown callers I have a car which is parked on my drive and I'm very concerned that it will be taken as payment for the debt.

I've come to terms with the fact that I cannot dodge this particular issue much longer and am wondering what to do.

The debt was in cabots hands when the ccj was issued. Do I need to contact them to sort out a repayment schedule? Do I need to contact the court even though it's been over a year?

Any advice gratefully received.

[Sortit]

Re: Ccj enforcement

Contact who ever issued the legal proceedings, be honest about your circumstances and make a fair repayment offer based upon them.

Don't try to outsmart anybody or find legal loopholes like most of the idiots on here suggest. Just make contact, be honest and fair and then the same will happen in return

[Toydoll81]

Re: Ccj enforcement

Thank you for your very sound advice. I shall do that very thing in the morning.

A further question if I may... The debt is about 7 grand. Can I ask them to reduce it (I keep getting letters in regards to other debts in which they offer up to 90pc off if I contact them to settle the debt) or is it a fixed amount now that it's set in CCJ stone, as it were. Or will I have to accept The full debt and offer a monthly repayment. I'm disabled and on benefits so this isn't likely to be much.

[Kati]

Re: Ccj enforcement

would there be any chance of going for a set-aside here [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]??
[MENTION=81205]Toydoll81[/MENTION] ... how long before the ccj was issued did you last acknowledge/pay anything towards the debt?? Did the court paperwork go to your OLD address??

[pt2537]

Re: Ccj enforcement

Contact who ever issued the legal proceedings, be honest about your circumstances and make a fair repayment offer based upon them.

Don't try to outsmart anybody or find legal loopholes like most of the idiots on here suggest. Just make contact, be honest and fair and then the same will happen in return

ahh yes that must also include the Court of Appeal who must also be idiots, as they said this recently about so called LOOPHOLES

Nor is there merit in the submission that Mr Grace had escaped enforcement on technical grounds. The requirements of the CCA for which unenforceability is the sanction are part of a structure laid down by Parliament for the protection of consumers and the regulation of the consumer credit market. Although they may be technical in their application, and the consequences for non-compliance sometimes draconian, they are not mere technicalities in the sense that Miss Urell described them. In the present case for example the discrepancies in the copy agreement sent to Mr Grace were about the interest rate and the APR under the hire purchase agreement. There is nothing merely technical in the statutory requirement that these matters be clearly and accurately set out for the consumer.

[Amethyst]

Re: Ccj enforcement

As the court papers were delivered, and ignored/put on a pile to deal with then forgotten about I very much doubt you would successfully be able to apply to setaside the CCJ. It's over a year old too.

Could be the move to a new property, intended to be your life home ( congrats btw ) is a good opp for a new start without head in sand stuff ?

It sounds like you might have a few other things you need to deal with, so could be a chance, while you're sorting out papers, to get everything together and figure out where you are at and what you can do so you aren't worried about debts catching up with you xxxx

Yes you can contact the claimant / owner of the CCJ - and make an offer of payment by installment - this would be based on your income and expenditure so you will need to sort out your income/expenditure statement sheet and have an idea of other debts which might pop up and need payments. If they refuse your offer of payment you could apply to the court to have the judgment changed to an installment order.

First job I think is to suss out exactly where you stand with your various debts and if you have any other CCJs etc, check your credit file on Noddle, and do some information gathering then coming up with a plan to sort it out xxx

[pt2537]

Re: Ccj enforcement

Thank you for your very sound advice. I shall do that very thing in the morning.

A further question if I may... The debt is about 7 grand. Can I ask them to reduce it (I keep getting letters in regards to other debts in which they offer up to 90pc off if I contact them to settle the debt) or is it a fixed amount now that it's set in CCJ stone, as it were. Or will I have to accept The full debt and offer a monthly repayment. I'm disabled and on benefits so this isn't likely to be much.

The advice from "SorTIT" isnt good advice im afraid, it isnt the starting point in my view to any litigation. If you do not have a Defence then by all means seek a settlement, but you should at least consider all avenues first.

[nemesis45]

Re: Ccj enforcement

Hello responding to Kati's nudge!

A creditor would need to apply to the court for a warrant before bailiffs
can be instructed.

It is more than a year since the judgement so you will need to have very
plausible reason (s) for applying for this judgement to be set aside.

What can you tell me about the debt?

When was the account defaulted?

When was the judgement made?

What type of account was this?

How much is the claim for?

Please don't contact court or claimant yet.

nem

[NWHC]

Re: Ccj enforcement

Apart from the stupid advice from a stupid person about just paying up

You are saying that theses debts are quite old. has there ever been a long period ( 6 years or over) from when the account was defaulted to when the claim was issued that no payments were made

[Guest]

Re: Ccj enforcement

However, I've just moved into a council property where I have assured tenancy and I'll not be moving again ever. In the last 8 years I've moved house at least once a yet which is why I've been able to avoid bailiffs etc.

I'm now concerned that bailiffs will be able to locate me and although I never open the front door to unknown callers I have a car which is parked on my drive and I'm very concerned that it will be taken as payment for the debt.

I've come to terms with the fact that I cannot dodge this particular issue much longer and am wondering what to do.

The debt was in cabots hands when the ccj was issued. Do I need to contact them to sort out a repayment schedule? Do I need to contact the court even though it's been over a year?

Any advice gratefully received.

These days a notice of enforcement is required before any bailiff visits. If you receive such a notice, you can apply for a stay of execution on an N245.

You either apply to have the CCJ set aside if you think you can justify the delay and have a suitable defence, or you will have to sort out a repayment offer. You live in council housing so a charging order wouldn't be possible but if you are employed, they can go for an attachment of earnings order.

[Sortit]

Re: Ccj enforcement

If you read through the several posts all on this exact topic you will notice that all the very clever people with the very clever loopholes pretty much always get a judgement awarded against them. They are cocky and arrogant and then admit defeat and go silent. The numbers of people who have ££££'s added to there balance and charges placed on there homes due to following the stupid advice from the idiots in these forums is incredible and frightening.

Look through the posts. Tally it yourselves. Get proper advice and pay what you owe. Don't listen from people with names like nemesis and pictures of a dog next to there name and expect sound advice.

[Toydoll81]

Re: Ccj enforcement

Yes the court paperwork was sent to my old address, I moved out in November 14 and the court papers were sent there in Jan 15.

[pt2537]

Re: Ccj enforcement

If you read through the several posts all on this exact topic you will notice that all the very clever people with the very clever loopholes pretty much always get a judgement awarded against them. They are cocky and arrogant and then admit defeat and go silent. The numbers of people who have ££££'s added to there balance and charges placed on there homes due to following the stupid advice from the idiots in these forums is incredible and frightening.

Look through the posts. Tally it yourselves. Get proper advice and pay what you owe. Don't listen from people with names like nemesis and pictures of a dog next to there name and expect sound advice.

Ok then

Harrison v Link Financial - Consumer Win
Kotecha v Phoenix - Consumer Win
Cabot v Bachellier - Consumer Win
Phoenix v Cresswell - Consumer Win
Hoist v Davis - Consumer Win
PRA group v Brunt - Consumer Win
Hoist v Wigley - Consumer Win
oh not to forget the 20+ wins this year against MKDP
I could go on with the list, but i dont think i need to

But yeah sorTIT is right, consumers never win, now back in the realworld im afraid theres no cure for sortit as they dont make a pill for stupidity im afraid.

[nemesis45]

Re: Ccj enforcement

If you read through the several posts all on this exact topic you will notice that all the very clever people with the very clever loopholes pretty much always get a judgement awarded against them. They are cocky and arrogant and then admit defeat and go silent. The numbers of people who have ££££'s added to there balance and charges placed on there homes due to following the stupid advice from the idiots in these forums is incredible and frightening.

Look through the posts. Tally it yourselves. Get proper advice and pay what you owe. Don't listen from people with names like nemesis and pictures of a dog next to there name and expect sound advice.

I don't think you have a clue what goes on in the debt " industry " in the UK.
I suggest you and learn from what PT has posted then read it again and again until you understand it.

I notice that you have a " dog next to your name so I hope other members take not and don't listen to one word of the nonsense you post.
I'm sure that there's all sorts o things you can do elsewhere.

nem