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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How old is the debt?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. a debt will only become statute barred if 6 years have elapsed since it was due for repayment, or if any payments have been made since then – 6 years from the last payment. If the last payment you made was in Jan 2010 and the claim was submitted in Dec 2015 then they would have been just in time to make it and it would not have been statute barred.
What they have advised you now is not entirely correct though. They cannot guarantee that you will get a CCJ. What you can do now is either admit the debt and make an offer to pay in instalments or refuse to accept you owe anything. If you do owe the money then I would advise against trying to claim you don’t and it would be better to admit to the debt but make the offer to pay in instalments.
If your creditor doesn’t accept your payment offer, a court official or a judge will decide what's fair. A CCJ will only get issued if you are ordered to pay the amount in full and you do not do so within the payment deadline. As mentioned there is no guarantee that the court will agree with the creditor and order you to pay the full amount immediately and if they believe it is fair, based on your current financial circumstances, for you to pay in instalments they can order that, regardless of what the creditor wants.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
in the circumstances it would indeed be best if you attended court and said that whilst you admit the debt, you are in no position to pay a full amount and as such it would be in the interest of both parties to agree on a repayment by instalments and ask the court to determine what those should be, taking into account your personal situation.
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