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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice
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I have received a letter from the Solicitors asking

Resolved Question:

hello, I have received a letter from the Solicitors asking for an old debt with Black Horse finance and now managed by DLC of £1374,i called the company and they have said that an CCJ will be registered under my name if not paid in full, please advise what I can do to avoid an CCJ? Kind regards ***** *****

Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
When did you last acknowledge this debt?
Customer: replied 1 year ago.

Hi Jo,

Never, I have always ignored their correspondence for the past 3- years.

Expert:  Jo C. replied 1 year ago.
Ok.
But did you acknowledge this three years ago?
Customer: replied 1 year ago.

No not all, until today when I called DLC !

Expert:  Jo C. replied 1 year ago.
What happened three years ago?
When did you last pay?
When did you borrow?
Customer: replied 1 year ago.

I lost my job and could not repay, I don't actually remember the last time I paid ?

I borrowed back in 2007,i think

this debt is not even showing on my Credit file, I have just done a search ??

Expert:  Jo C. replied 1 year ago.
The reason it isn't showing is probably that they have not added a default yet.
The difficulty with this is that we cannot be sure when you last acknowledged it. You do seem to be describing something that took place within the last six years. If it was within six years then they are entitled to sue as they are not time barred. Therefore this threat may be a genuine one.
If they do sue then that will lead to a CCJ. The only way to avoid that is to pay in full.
You could always offer a lesser sum in full and final settlement of the debt and they probably would accept a much lower sum but what they could do is add a default to your credit rating.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

I am sorry, as I don't recall as to when I exactly took out the loan ??

However they had given me a default which is now cleared on my credit file.

So do I call the Solicitors and give them my last and final offer ? what do you think I should offer ?

£500

Expert:  Jo C. replied 1 year ago.
The issue is not when you took out the loan.
The issue is when you last acknowledged it - e.g paid, offered to pay.
You need to make a decision over whether you are willing to run the risk. Maybe they will sue. Maybe they won't. If they don't you walk away with nothing except the default. If they do then you would get a CCJ.
It isn't the biggest sum of money but it is an amount that they could sue over.
If you cannot bear the risk then make an offer in writing to pay 50% in full and final settlement.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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