mr affable's UE diary

[mr affable]

Re: mr affable's UE diary

thanks - i thought it was just me!

My question was - if a creditor gets to the point of applying for a CCJ - can i still avoid it if i then start paying them a nominal amount again?

[Never-In-Doubt]

Re: mr affable's UE diary

thanks - i thought it was just me!

My question was - if a creditor gets to the point of applying for a CCJ - can i still avoid it if i then start paying them a nominal amount again?

sure, you can negotiate till the day before court - even to the court steps

[mr affable]

Re: mr affable's UE diary

Thanks Niddy

I am going to send off 'missing prescribed terms' letter to MINT and see what they come back with.

[mr affable]

Re: mr affable's UE diary

Just had letter from Bryan Carter Solicitors saying they have been instructed by fredrickson on behalf of MINT to issue court proceedings on 22/8 if payment of debt not recd by then.

Niddy has said this one is enforceable - so what is best thing to do now?

one other question - if i do end up getting a CCJ against me would that affect other people in the household getting credit?

[Never-In-Doubt]

Re: mr affable's UE diary

Nope credit it personal not address linked. Only affects you.

Do you own or rent your house?

[mr affable]

Re: mr affable's UE diary

My partner owns it with no mortgage - I pay rent to her - all of the debts relate to before i met her and she is not party to any of them

[mr affable]

Re: mr affable's UE diary

I guess part of me wants to just let it run its legal course - ie let them apply for judgement - but what is likely to happen then?

[MrsD]

Re: mr affable's UE diary

Bryan Carter as just numpties, I'd pop off http://www.all-about-debt.co.uk/inde...-before-action and see where we go from there

[Never-In-Doubt]

Re: mr affable's UE diary

If you're not on any mortgage a CCJ matters little as you say

[PlanB]

Re: mr affable's UE diary

I guess part of me wants to just let it run its legal course - ie let them apply for judgement - but what is likely to happen then?

Are you in the kind of job or profession where a CCJ might be detrimental to your employment status such as the financial sector or law?

[mr affable]

Re: mr affable's UE diary

Mrs D - Niddy has said that the CCA they have provided is enforceable so surely the letter you suggest is not appropriate?

Also - whilst a CCJ will not affect my home or job is it not still better to agree a repayment (nominal) direct with MINT than to have a CCJ against me and have to pay under that? If it did get to CCJ and have payments agreed by the court do they go on at that level indefinitely (until the debt is paid) or can MINT apply to have them increased?

[PlanB]

Re: mr affable's UE diary

whilst a CCJ will not affect my home or job is it not still better to agree a repayment (nominal) direct with MINT than to have a CCJ against me and have to pay under that? If it did get to CCJ and have payments agreed by the court do they go on at that level indefinitely (until the debt is paid) or can MINT apply to have them increased?

Yes a creditor can apply to the court to increase payments under a CCJ. They can also apply for an Attachment of Earnings. They don't often do the latter unless you default on the CCJ. But if you're thinking of sitting back and letting a CCJ happen then you should do this with your eyes wide open since you are in employment.

http://www.adviceguide.org.uk/englan...your_wages.htm

In your first post (February 2012) you say you had been paying your debts on an arrangement for over four years which implies you could be not too far away from them falling off your credit file since you got defaulted over five years ago. If you get a new CCJ that will remain on your credit file for six years from the date of the CCJ. Something else you may want to consider.

[MrsD]

Re: mr affable's UE diary

I thought you were blagging this one? We know, because Niddy told us, that it's enforceable but that doesn't mean they know it's enforceable, Bryan Carter like a nice clear field with no complications for their court victims, so I would always try and not be that nice clear field,

[mr affable]

Re: mr affable's UE diary

Sorry Mrs D - wot experience has anyone else had with Bryan Carter at this stage? I just dont know what is the best thing to do - seems to me that either way I will need to start paying something. So presumably I could offer something to Bryan Carter now or continue blagging but they might apply for CCJ anyway?

[MrsD]

Re: mr affable's UE diary

we've (the Dopeys) seen off BC at this stage with this letter, as have quite a few others, as I said BC like a nice easy life, we certainly ain't an easy life. It isn't automatic, they don't "appy" for a CCJ, it has to go to a court, it's the court who would issue a CCJ not BC (they wish!!!) You would still have an opportunity to offer a payment schedule even if they do send papers. But it's up to you, the point of blagging is to give yourself a break and try and get some money together with a view to offering an F&F if you ever need to. Some of us on here have been blagging for quite a few years.................................