threat of CCJ- any advice appreciated

[Yazz]

Hello all, i have just discovered this wonderful forum and was hoping to get a bit of advice regarding my situation.

i have been in a DMP with Payplan since March 2007, paying £566 per month in total to 7 creditors. In many ways the DMP has worked well, with creditors stopping collection calls and giving me some breathing space.

However last month a friend called in a debt outstanding to them of £1700. This meant that for the last 2 months I have only been able to pay a £1 token payment to each creditor, and will only be able to pay this amount again in March. By April i will be able to pick up the payments of £566 again.

To my suprise, so far only 1 of the creditors have been in touch to pressurize me about only paying £1. They are KPR debt collection on behalf of Nationwide Credit Card. I received a letter saying i had to ring them immediately or they would refer the account to their solicitors. I rang them and explained the reasons for the reduced payment and they said that this was unacceptable and they would be getting a CCJ.

i am currently living with my parents and they have been brilliant throughout this situation. However i know that a CCJ and possible court action would devistate them.

My question is this- are they likely to attempt a CCJ from a person in my circumstances? i am single, dont have a car and dont own any property? is it a tactic to scare me?

secondly, is it a good idea to request a CCA in the hope that it would prevent/stall CCJ action?

I should stress i am not trying to get away without paying, just to avoid court action as i dont think my parents or myself could take it.

Thanks in advance.

Yazz

[BrandiBroke]

I would definitely CCA them, provided they are debts that come under the limitations of the Consumer Credit Act ( credit card, loan, catalogue debt, etc) In fact I would be tempted to CCA all the outstanding debts that you have Hopefully others with more know how will be able to advise you more fully. Good luck.

[42man]

Hi Yazz....I would definately CCA all of the creditors, remember though, do NOT hand sign the letters, send it with a £1 postal order for each by recorded delivery. Don't forget also that you can claim back the excessive charges that have been added to the account plus compounded interest at 8%.....

Also a good bit of advice is NOT to call the debt collection agencies as they will say ANYTHING to frighten you into paying.....you MUST get everything in writing it might also be wise to write at the bottom of each CCA request - PLEASE NOTE I WILL ONLY CORRESPOND IN WRITING - ANY CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH....

[42man]

Remember that you are making a bona-fide request for your agreements, if they do not provide this in 12+2 working days they have defaulted on your request, if after a further 30 calendar days they have not sent your agreements they have committed an offence under the Consumer Credit Act 1974. It is at this stage that you must complain to Consumer Direct the OFT and the FOS....

Also if they try and ring you the OFT says this....

2.8 k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

[Yazz]

guys thanks very much for taking the time to reply. Im already feeling better and a bit more empowered by reading the forum and your advice.

I will read up the info on the site for sending a CCA request and do it ASAP. I will let you know how i get on. thanks again.

Yazz