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james bruce
james bruce,
Category: Bankruptcy Law
Satisfied Customers: 7535
Experience:  Owner at James Bruce Solicitors
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Can someone still make a claim for ccj if I have adequate an

Customer Question

Can someone still make a claim for ccj if I have adequate an offer of payment
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Sent back a letter to contest the amount owed
Submitted: 14 days ago.
Category: Bankruptcy Law
Customer: replied 14 days ago.
What is considered a reasonable amout to pay back the creditor
Expert:  james bruce replied 14 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

Just to confirm, the other party are claiming an amount from you, you have made an offer of a lesser amount is that correct?

Customer: replied 14 days ago.
Hi James,
The creditor has sent a letter to me stating thay I owe her 1850. However I believe the amount is 1500. I have sent a letter back with evidence stating why the amount is wrong. She has given me 2 weeks to pay the full amount before she goes ahead with legal proceedings. I can not make full payment within 2 weeks but I have made a reasonable payment plan of £200 a month on top of a partial refund waiting from a travel agent of £500.
If she does not accept my plan can she make an application still for a ccj
Expert:  james bruce replied 14 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

Yes she can still go ahead and make the claim an court to seek a CCJ for the full amount that they seek.

Once they do that, you will be served papers where you can accept the claim or dispute they claim amount.

The matter will ten proceed to a formal hearing where a judge will decide the case.

Customer: replied 14 days ago.
What if I am away when the papers are served . I am aware that I have 14days to respond. But I am scared that this will happen when I'm out the country. Do I have any legal right to delay this or contest that I wasn't in the country
Expert:  james bruce replied 14 days ago.

You cannot delay the process. If you are away when papers are served, and do not respond in time, the other party can seek a default judgement against you.

Once that has happened you could apply to have it set aside if there are grounds to do so. However, knowing to is likely on its way, and being away would not likely succeed.

Customer: replied 14 days ago.
Last question
How does a judge decide how much is reasonable amount to pay back. Would an offer of 200 be reasonable being that I'm a single mother of 2 and on universal credit
Expert:  james bruce replied 14 days ago.

The judgement would be due in full. If you can't pay, you would need to ask the court to allow instalments. That would be up to the judge. You would submit a form for that the court would give you , and yes it is very likely they would base that on your benefits and what you can realistically afford to pay.

Expert:  james bruce replied 14 days ago.

Can I assist or clarify anything further?

Customer: replied 14 days ago.
No you have been great. Thabk you very much
Expert:  james bruce replied 14 days ago.

Good luck.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.