Sadly even if you are making payments they can issue a claim against you. I believe in Santander v Mayhew, the defendant was making regular payments.Of course Santander lived to regret that decision :-) However, and who knows, if you have no assets or income and are making token payments, they might think what is the point in taking legal action if a court would only order the same amount. That is just an opinion and one of the reasons I believe, out of all my creditors, only one ever took me to court. As Victoria Wood said 'A pot to p**s in, I did not have'
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