Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

Original poster

ccj - help me!!!

22 replies

mummaxmas · 29/08/2012 14:08

im being issued with a ccj and nee some advice!! got a credit card when i was 18m got 8k limit!! outragous, spent and paid back many times, not got 3 kids under 6 and mortgage and have a number of debits. this one has issued me with ccj and say i will pay £100 every 1/4 interest on top of debt, how will i ever pay off!!!????!!!! also saying will secure to my house?? can they do this?? is it not very unfair to expect me to pay the interest rate i signed for all those years ago on a card i could never afford, and now im poor and trying to raise a family they still want to charge same???? cant go own payplan route as have joint name o/d so they wont do it :( am a sinking stressed out ship sob

OP posts:

Original poster

mummaxmas · 29/08/2012 14:09

now got 3 kids

OP posts:

WorraLiberty · 29/08/2012 14:12

For it to have got to this stage, you must have ignored all the previous letters from the court.

If you had filled out the budget planner and sent it back, the judge would have looked at your income/expenditure and come to an affordable arrangement.

I'm not sure there is much you can do at this stage...but having it as a charge on your house is probably the only option left.

LaurieFairyCake · 29/08/2012 14:16

You can apply to have the judgement set aside and then make an offer and ask the judge to freeze the interest.

The only way it's got this far is if you've ignored all correspondence.

cantspel · 29/08/2012 14:17

You knew you owed the money but ignored it so they have taken you to court.
Yes they can get a charging order on your house once they have a ccj against you.

You need to get yourself down to the court and filing in a statement of means and make an application to pay by installments that you can afford and then you need to keep unto date with the payments. If you later find you you cant pay the agreed amount then you apply again to the court to very the order to a lesser sum.

Original poster

mummaxmas · 29/08/2012 14:18

This is the 1st letter from courtm i can affor 50 a month but if they carge 100 1/4 its not going to dent it :( not ignored letters as suchm more couldnt pay anything as zero money. not use card in years

OP posts:

Vagaceratops · 29/08/2012 14:20

What is the actual debt outstanding?

WorraLiberty · 29/08/2012 14:21

If this is the first letter from the court, it's possible you've perhaps misunderstood it?

You need to fill out the income/expenditure sheet and send it back with an offer...but make sure it's as realistic as possible and then keep up the payments.

Original poster

mummaxmas · 29/08/2012 14:21

thankyou farie cake,

OP posts:

Vagaceratops · 29/08/2012 14:22

Have they actually been granted a CCJ against you? Have you moved house?

cantspel · 29/08/2012 14:22

Have you received a summons or a judgment?

A summons will be just a single sheet of paper where as a summons will include a form for you to complete and return.

Original poster

mummaxmas · 29/08/2012 14:23

a form to complete and return

OP posts:

Vagaceratops · 29/08/2012 14:23

What is the number on the form?

Is it from a County Court

LaurieFairyCake · 29/08/2012 14:23

If you've ignored no letters be really sure it's from the court and not some awful debt collection agency pretending it's from the court!!

You will be able to get the interest frozen, you will be able to offer within your means :)

Suzietastic · 29/08/2012 14:24

Contact CCCS. They are a free debt advice service. They will be able to give you all the advice you need.

www.cccs.co.uk/

cantspel · 29/08/2012 14:24

then they dont have a judgement yet.

Complete the form with the offer which you can afford.
You will still get a judgement against you as you admit you owe the money but as long as you keep upto date with the payments then they wont try to enforce the judgement.

Original poster

mummaxmas · 29/08/2012 14:29

its def from a county court, think is my best option to ask for interest frozen and pay what i can. feeling pretty shitty,

OP posts:

Original poster

mummaxmas · 29/08/2012 14:30

thanks everyone, feelin bit better now, less like im sinking anyway x

OP posts:

WorraLiberty · 29/08/2012 14:32

Once you get a ccj, the interest will be frozen.

Vagaceratops · 29/08/2012 14:32

Are you sure?

In my job pre DC's I worked as a Credit Controller and we would send out copies of an N1(which is the form a claimant needs to fill in when applying for a CCJ against someone).

maddening · 29/08/2012 14:33

what have you tried to do to pay the debt off? I would contact the cccs and try to come to a debt management arrangement with all your creditors.

At the end of the day you agreed to the terms and conditions and spent the money - and assuming you are not vulnerable - eg mh issues/learning disabilities etc - then you are responsible for your debt.

to get to ccj position you must have defaulted on your payments - not just 1 or 2 but 8 (this is the point at which the creditor issues a notice of default and following no payment from yourself actually "default" the debt and declare it as a loss ) and they would not go down this route immediately then - you have had several months to come to an arrangement with them and the fsa usually insists interest and fees are frozen at the point that the atp is agreed - you would need to do this with all your creditors - it would be reflected on your credit file but better than defaulting.

Both you and your partner could make arrangements.

You could also consider an iva but this really is he last straw before bankruptcy ' it is a way of protecting your assets but they will usually include your equity in your home and will require you make payments for 5 years, large fees will be taken out of what you pay in, your debts will register as defaults - then as partially settled defaults once the iva is completed. If you failed your iva(missed payments for example) or did something against your terms and conditions (like taking out credit) then the iva company can make you bankrupt anyway. If you were seen to be negligent - eg spending money on credit that you had no reasonable hope of paying back they can make you bankrupt for longer - up to 15 years but that is usually reserved for gamblers and fraudsters - just plain negligent I have seen 2-3 years added in the past.

it may be too late to go down he debt management route timewise for this debt but an with an iva they can get a court order to halt the ccj - although with your equity being considered potentially part of an iva there may be no difference. The ccj would become a secured debt and you could come to an arrangement with your other creditors - freeze the interest and pay back what you owe. If you are doing and i&e for the court anyway you can use this to apply for your arrangements with your creditors - this is the info they all require - if you are not confident writing to your creditors then the cccs is the way to go (or cab but they are busy at the mo so could take a while) - I would not go down the route of a charging debt management company as they do take a cut of what you pay in so taking longer to pay your creditors back.

MrsClown · 29/08/2012 14:38

Bless you. Try not to worry too much and get upset. Contact the CAB they will definitely help you. I had a similar problem a few years ago and they really helped me. They will arrange realistic payment options.

Dont feel shitty, you will not be the first and not the last. You are not a criminal you have just got in a bit of a mess.

maddening · 29/08/2012 14:38

if you owe less than £15k I think you can apply for a debt relief order but again defaults would register against you - again the cccs is a great place to starts.

def get filling in the income expenditure as whatever you do that info
is needed - the faster you act now the better

Flip