The Consumer Credit Act (CCA) gives you the right to be sent a copy of your credit agreement and a statement of your account for most loans, credit cards, catalogues, store cards and Hire Purchase agreements. CCA agreements are important! If a creditor can't find it then: you can't get a CCJ for the debt; and you may decide to stop paying the debt. This doesn't apply to all debts. … [Read more...]
CCJs
If a creditor takes you to court you will get a County Court Judgment (CCJ). This is not a criminal conviction, but it will badly damage your credit record and may lead to problems with bailiffs etc if you do not deal with it properly. In the first quarter of 2015, there were 209,000 CCJs - this is up over 20% on the number a year ago. It seems that debt collectors are going to court more often and for smaller amounts.
A creditor or debt collector may threaten to take you to court but they may just be bluffing. You need to know the facts, what to do if you do get court forms and what happens after you get a CCJ.
This page has all Debt Camel's posts about CCJs in date order. Also check out Worried about CCJ's - common questions and problems, which gives an overview with links to more detailed explanations.
MoJ consultation on default CCJs
I have responded to the Ministry of Justice's consultation on Default County Court Judgements (CCJs). This consultation was started in December 2017, because of: concern about the potential adverse impact of a County Court judgment on individuals who, unaware that a judgment had been made against them, found months or years later that their credit rating had been damaged. This article expands on … [Read more...]
MoJ consulting on default CCJs… but what about defaults?
The Ministry of Justice is consulting on the current processes in which someone has a judgment made against them without their knowledge. Finding a CCJ you knew nothing about on your credit record is a very unfair situation. People may only find out about a CCJ at an old address when their mortgage or other credit application is declined, or they fail a tenancy check. Here are some of the … [Read more...]
How to reply to a Letter Before Claim about a debt
A creditor has to send a Letter Before Claim before they take you to court for a debt in England, Wales and Northern Ireland. This letter may be headed something like Letter Before Action or Notice of Pending Legal Action or even Letter of Claim. This letter is part of new rules - the Pre Action Protocol for Debt Claims - that started on 1st October 2017. Here is National Debtline's factsheet … [Read more...]
How to stop a debt being sent to the bailiffs
Are you worried about bailiffs? If you have problem debts, seeing programs like Can't pay? We'll take it away can be alarming. As one reader said: If I stop my direct debit and don't pay them this month surely they will not be happy? I don’t want bailiffs around my house. If you have already had a letter from a bailiff read: Bailiffs - do you have to let them in? What you need to know. This … [Read more...]
Huge increase in CCJs, up to 300,000 in first quarter 2017
Registry Trust has published the statistics for CCJs for the first quarter of 2017. They are shocking, with almost 300,000 consumer CCJs, the highest number for ten years. The details are: 298,901 CCJs were registered against consumers in England and Wales from January - March 2017; this is an increase of 35% on the same quarter in 2016; the average size of a CCJ fell to … [Read more...]
Pre-Action Protocol for Debt Claims now final
In March 2017 the Pre Action Protocol for Debt was at long finalised, it's here: Debt PAP. It comes into force on 1st October 2017. Here is my article on How to Reply to a Letter Before Claim. It has taken many years of negotiations, consultations and delays to get here. I've asked a couple of experts for their reaction to the news. Tim Lett, who has been involved for the last four … [Read more...]
Are you being taken to court for a payday loan debt?
A reader asked: I took out countless pay day loans for example with Lending Stream, Quick Quid, MyJar, and Wageday Advance a few years ago. Suddenly they have all come out of the woodwork. I now have a court claim arrive from MotorMile Finance – for a Lending Stream account. I have applied to extend the date for defence but am not sure what to put in my defence. There are three other accounts … [Read more...]
I’m in a payment arrangement but creditor wants a new income & expenditure
A few readers have asked recently about long term debt payment arrangements. What information do they have to give to a debt collector? Can they can be asked to pay more? etc. Let's look at three different cases: an arrangement with a creditor; what happens if you use a DMP firm; and what if the payment is to a CCJ. Arrangement with a creditor Mr A asks: I have had an arrangement … [Read more...]
How to get a paid CCJ marked as Satisfied
A reader asked: In August 2011 a CCJ was registered against me by Lowell P1 for £211. I paid off the balance, but not within the month. I have bank statements to prove its been paid. On my credit report it shows the status as “active” even though I have paid it. I’ve contacted Lowell multiple times but they say as it’s an old case it’s no longer on their system and they can’t help me. I … [Read more...]