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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3556
Experience:  Solicitors 2 years plus PQE
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Good morning. Three weeks ago my partner then myself each

Customer Question

Good morning.
Three weeks ago my partner then myself each received CC claim from MKDP for debt acquired from HSBC. We do not dispute the validity of the claims. Unfortunately we are both in poor health, my partner has oesophageal cancer and has been undergoing chemo-therapy for several weeks whereas I have late stage liver disease and health changes day to day almost.
So we are too late to respond to the summonses in the time window given and we don't know who we should contact, as we wish to clarify things. We have the debt as spoken of plus several others and they all are either in joint names (but the summonses are not) or they are credit card debts and one or other of us are second card holders. Also I have an unpaid student loan from 2002, that must total about £25,000-£30,000. It is doubtful whether we could travel to Northampton to attend court as, if signs are good partner will be having surgery next week or so and will not be able to travel for many months and I would not be able to leave him for a whole day.
What I would like to happen is to have all debts looked at on the same occasion, is this possible?
Would greatly appreciate your advice.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Do you own your home?

How frequently have they been pursuing you for the debt?

Kind regards

AJ
Customer: replied 3 years ago.

We live in council property as tenants.


They have contacted us several times a month regardless of what discussions we have had with them. The phone calls have never ending as they operate under so many different names and guises it took a long time to realise that I may be talking to same company about the same debt.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

What I would suggest you do is the following:

1. Write to them and say there has been no clarity as to how the debt has been collected. Say you have made it clear your and your partner are unwell and have no assets. Say that if they do not immediately stay the proceedings you will deem the matter harassment and reserve the right to report them to the police under S.40 of the Administration of Justice Act 1970 as unlawful harassment of a debtor.

2. Write to the court and explain your situation say you are unwell and cannot attend the hearing. Request the proceedings are moved to your local county court. As a defendant you are entitled to have the proceedings moved.

Once you have done this I would go and speak to the money advice service. If you have no assets and no way of repaying this money then bankruptcy should be a serious consideration. Once you have been made bankrupt it will wipe the slate clean and will relieve the stress of potential IVA or Judgment hanging over your head. www.moneyadviceservice.org.uk/‎


Finally because of the mis information you have been given I would consider reporting the debt collector to Trading Standards.www.tradingstandards.gov.uk/‎

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3556
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi again, sorry we had to dash this am, partner had two scans booked and I had a chest x-ray (real old pair of crocks) booked, I thought we should be back for two 'o clockish plenty of time to get in touch with MKDP and the County Court.


We got home from hospital at 16:55 and found waiting for each of us a "Judgment for Claimant" (in default).


Can you advise as to how we proceed on Monday? when offices are open again.


Your advice earlier, I thought was very good, We have however considered bankruptcy but when we have looked into it found that it would cost us to both apply would be about £1500. ESA, even with DLA puts that course of action out of our reach.

Customer: replied 3 years ago.

You replied




21 March 2014 14:21 EST




Hi again, sorry we had to dash this am, partner had two scans booked and I had a chest x-ray (real old pair of crocks) booked, I thought we should be back for two 'o clockish plenty of time to get in touch with MKDP and the County Court.




We got home from hospital at 16:55 and found waiting for each of us a "Judgment for Claimant" (in default).




Can you advise as to how we proceed on Monday? when offices are open again.




Your advice earlier, I thought was very good, We have however considered bankruptcy but when we have looked into it found that it would cost us to both apply would be about £1500. ESA, even with DLA puts that course of action out of our reach.


 


Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your response and I am sorry for the delay.

A judgment in default means that because you have not responded to the proceedings the court has issued a judgment against you in your absence.

What you can do is:
1. Apply to court to have the judgment set aside under the Civil Procedure Rules rule 13.
2. You accept the judgment and let the creditor make you bankrupt which will ultimately save you the cost.

Do you in any way dispute the debt?

Kind regards

AJ

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