Creditor court action

[lily]

Hi

I wonder if anyone knows what actually happens if a creditor takes court action against me, Its a small amount, I have made very good offer but they do not reply, I have even sent some of the letters RD. The debt has been sold but they insist on nothing less than the full balance.

Do the courts send someone out? Do you get the chance to show what you have done to address the problem, or do you have to appear in court and be judged?? Does the creditor get the right to take your stuff after the judgement? I dont think I own anything worth anything apart from my car which would be worth a lot more than what I owe on this debt and I also need this car for a disabled child.

The reason I ask is because I have replied to everything they have sent, tried to offer a good return, and I cant see why they are so aggressive, the letters always state that the problem will not go away and that this is always a pre-court action letter. They never mention the offers. I have Not ignored the debt and am well aware that the 'problem' will not go away.

In my last letter to them I asked why their letters are so aggressive when I have made offers (I accpet the fact they dont have to accept it) but they dont even acknowledge it. I also cannot understand why they say I am ignoring or failing or refusing to make payment, when I am and I have.

I am fed up of it and just wondered what would happen if I just tell them to take the court action if thats what they want as its a complete waste of time, paper and postage trying to communicate with them.

Any reply would be really appreciated so thanks in advance.

lily

[MelanieGiles]

Lily

If this matter gets to Court you will have the right to put your case forward, but only if you dispute the balance or that the debt is not payable at all. If the debt is rightly payable, the Courts will likely make a judgement against you which gives the creditor the right to use bailiffs, or seek an attachment of earnings order or charging order over any property which you might own.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[lily]

OK. Thanks for that.

I am not disputing the debt but offering to pay what I have paid to other creditors. I cant offer any more so I guess I will lose my car, its the only property I have of any value.

I have no income.

lily

[Adam Davies]

Hi Lily
You may be better ringing these particular creditors and explaining that you are not working but in a position to offer a lump sum to conclude the debt.
They will always state that they need the full amount but if you stick by your guns and ask to speak with a supervisor then you may get lucky
Regards


Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[lily]

Thanks Andy

I will give that a try.

Regards

lily

[Skippy]

Good luck Lily x

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[lily]

thanks skip


I have heard of ccj and know its a county court judgement, but what does it do and what does it involve??
lily

[MelanieGiles]

It just is a determination that a debt is due from you and gives the creditors various rights of action - warrant of execution (bailiffs), charging order, attachment of earnings order. So to all intents and purposes it is known as the first stage of legal proceedings, and will be registered on the County Courts Judgements Register, leaving you wide open to lots of unsolicited mail.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[Jo Rolland]

Hi Lily,

You say this debt is a small amount, how much is it? Is it your only debt? How much debt do you have?

I ask this as if this creditor obtains a CCJ against you and you have less then £5,000 of debt you may eligible for an Administration Order.

An Administration Order is where the court pleaces an order that covers all your outstanding debts and you make a monthly payment to the court and the court then makes pro rata payments to your creditors. No creditors can then legally take any further action against you nor can they send letters or continue with any debt collection procedures.



Jo Rolland
Debt Alternatives
www.debtalternatives.co.uk