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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50202
Experience:  Qualified Solicitor
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I have a debt that i didn't know i had outstanding and filed

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i have a debt that i didn't know i had outstanding and filed a defence to the cci form that they have sent to me, in the meantime I've been trying to make an arrangement with lowell solicitors for the past month to either make a reduced payment to end the matter or to make a payment arrangement, this is going court on 3rd august, i don't want a cci, i told them this and really wanted to clear the matter up out of court, the lowell solicitors have said that no matter what i do now i will get a cci and will not accept a payment plan just a full payment and told me i should phone up the courts and cancel my defence. i really need advice as i can't afford a solicitor and don't want a cci its taken me a long time to clear my credit file and now this. can you offer any advice, I've tried my best to resolve this with them but they don't seem to want to help

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 1 year ago.
hi ben really hoping you can help with my question above.

How old is the debt?

Customer: replied 1 year ago.
i thought it was statute barred but they said my last payment was jan 2010 but filed for the cci in november 2015

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.

Customer: replied 1 year ago.
ok thank you, ***** ***** very stressed out with this now and the thought of going to court is scaring me further. 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

Customer: replied 1 year ago.
Ok so today I have rang them and asked to pay in instalments they have refused this and said that since it's already going to court there is nothing I can do. Am I best to turn up in court and admit the debt and explain that I've tried to make an out of court settlement by paying a reduced amount or in instalments but they have refused to cooperate with me? I think they are trying to push me into paying the full amount now which I can't, I really don't want a ccj but don't have the full amount outstanding. I've tried to clear this up but they just don't seem interested in helping me and yes it was just in the time frame they had unfortunately

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.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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