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Ccj help?

8 replies

hugznotdrugz · 26/11/2022 14:03

So due to some MH issues I got behind on the rent of my last property- I've moved out. The day I handed in my notice I set up a debt plan with person A at the estate agents I use. 2 days after the plan was signed I received a letter from money claims online that they were starting proceedings for me to get a ccj- person B did this without speaking to person A and finding out the payment plan was signed.

I have stuck to the payment plan and paid over half what was owed- it'll be fully paid of in January. I've sent evidence of the payment plan, the payments being made along with some text messages from both person A and B telling me so long as I keep the payments I won't get a CCJ.

However the ccj application hasn't been withdrawn.

Does anyone know what would happen if a ccj is issued? Will I then have to payback nearly double the original amount or will they take into consideration the payment plan already signed and stuck to?

OP posts:
WomenShouldWinWomensSports · 26/11/2022 14:09

Turn up in court for the court date and defend yourself. Take proof of payments. Explain that you have agreed a payment plan, you have repaid most of the debt, they keep escalating, they are refusing to accept your attempts to communicate and that you cannot pay the amount in full. Get everything in writing from person A.

The judge will listen to both sides. Threat of a CCJ from a debt company doesn’t automatically mean you will lose as long as you turn up to defend yourself. If you don’t turn up to court they will find against you by default and that’s what this person is banking on.

Is there also a property ombudsman you can report them to?

sittingonacornflake · 26/11/2022 14:13

Have you filed a defence to the court claim?

hugznotdrugz · 26/11/2022 14:16

Yup filed a defence back in September- included a Copy of the payment plan, proof that I'd made 2 payments since the plan was agreed, copy of the messages saying I wouldn't get a ccj if plan was stuck to.

In October they sent out further correspondence about attending mediation, I said I was happy to. Idn what they submitted. Just logged into the online account this morning and it's been transferred to my local court?

OP posts:
hugznotdrugz · 26/11/2022 14:17

I also have messages from the company confirming every payment I've made has been received (I message them everytime I make a payment so I've got proof they have it)

OP posts:
sittingonacornflake · 26/11/2022 14:57

If a payment plan has been agreed and you're sticking to it can you ask them to discontinue the claim?

hugznotdrugz · 26/11/2022 15:02

@ssittingonacornflake who would I ask? I've already got evidence from the people that put the claim in that so long as the payment plan was stuck to I wouldn't get a ccj

OP posts:
DomesticShortHair · 26/11/2022 15:07

Hopefully it won’t come to this. But if a CCJ is issued by the court, and you can possibly pay it off within a month, then the CCJ is withdrawn and it won’t appear on your credit file.

As I said, hopefully not. And I’m not sure if it came to that, you’d be able to pay it off in a month. But 6 years of a CCJ on your credit rating can really have a negative (and expensive) affect in your ability to get relatively cheap credit, which can often compound other money issues (can’t get a 0% balance transfer credit card, or a competitive mortgage rate). It’s very difficult, I do appreciate from my own experience.

Sewwhatmrmagpie · 26/11/2022 15:26

I doubt the court will make a CCJ in those circumstances. If they do, appeal it immediately, it will take time to go through the system by which time you will have paid the debt and the CCJ is no long appropriate.

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