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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 727
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Approx. 5 years ago I was given some financial advice by my

Customer Question

Good evening, approx. 5 years ago I was given some financial advice by my then bank which subsequently left me with a personal loan and credit card debt of approx. 4k. I was then diagnosed with lymphoma, had to stop work and was unable to service the debt but was pursued by a third party recovery company who apparently had bought the debt. After several unsatisfactory attempts to arrange a payment schedule the debt was passed on once again and is now pursued by a comp[any called Cabot. I have had no direct contact with them nor a formal plan for around 3 years, poss more.
I received a letter this morning informing me that a company called Moorcroft were being sent to my home to "put you back in touch with us"
I don't feel particularly inclined to settle the debt but don't want to cause myself legal problems or court fees etc.
What can they do. What are their powers. What am I obliged or not obliged to do?
Many thanks
Submitted: 3 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 3 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will try and assist you today.

Please may I ask:

- do you know if a county court judgment has been obtained in respect of the debt?

Kind regards

Caroline

Customer: replied 3 months ago.
Hmm, how would I know if that had happened? The bank told me some time ago that it was passing the debt to a third party and I did have a formal agreement to repay at a fixed monthly rate but haven't made any payments for quite some time after being ill.
Expert:  ukfamilysolicitor replied 3 months ago.

Hello

Thank you for your response.

You can check by using this link. Its costs £4 to find out.

https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

If they had applied for a CCJ then you would have been notified.

If they do have a CCJ then they have various enforcement options available to them and what they will utiilise will depend on your assets / income etc. If you own a house they could seek a charging order. If you own assets in your property they could refer to a bailiff. If you are employed they could seek an attachment of earnings to receive a payment from your wages.

If they havent yet obtained a CCJ then you can still seek to agree a payment plan. They cannot use any other enforcement methodsdetailed above unless they obtain a CCJ. You do not have to let them in your home and you can discuss a repayment plan to try and agree a schedule over the phone to stop matters going to court.

You should also consider seeking debt advice as they may be able to help you agree a payment plan without having to go speak to your creditors yourself. Check out:

https://www.stepchange.org/

Let me know if I can help you further.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Customer: replied 3 months ago.
Thank you for your response. Would there be any reason why it has gone on so long and a ccj hasn't been applied for? They aren't now, nor have they previously, talked about court, whilst the debt has been passed on twice. Is there a reason why they can't or aren't entitled to pursue a court route or is it that that wouldn't serve them as well. I don't feel inclined to engage with them but don't want to shoot myself in the foot either. If they do visit me I'm not inclined to agree anything. A quick call to them would make that happen but i'm resisting that on principle, unless \I'm being naïve and I should engage with them.....
Expert:  ukfamilysolicitor replied 3 months ago.

Hello

In reality the creditor will want to obtain a CCJ if you dont engage with them. This will then give them enforcement options to seek to recover the monies from you another way.

It may well be that they have not yet taken such action because of your illness. This will not last forever and if you dont engage with them now and agree a repayment plan then you are going to be looking at them applying for a CCJ.

You do agree the money is owed and therefore they will obtain a CCJ. This will affect your credit history. Its best to try and agree repayment now - as to what you can afford. Detail your incoming and outgoings and then offer a payment. Stepchange can help you with this is you want them to deal with the creditor for you. You do not have to let them in your house and they cannot repossess any of your property unless they have a CCJ and a subsequent warrant of execution.

In fact - letting them into your home now - could serve to let them know what belongings you have. It is better to engage by telephone and / or speak to a compnay such as Stepchange.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Customer: replied 3 months ago.
Thank you
Expert:  ukfamilysolicitor replied 3 months ago.

your welcome. let me know if I can help you further.

Kind Regards

Caroline

Expert:  ukfamilysolicitor replied 3 months ago.

Hello

This question remains unrated. I would be grateful if you could kindly rate my service. We receive no credit for our work unless positive feedback is received and the site just keeps your payment.

Please note that your question will not close when you leave positive feedback and I can answer your follow up question for free.

Kind Regards

Caroline

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