CCJ Help please

[demonbiker]

I got back today from visiting a family member that is very ill and found a CCJ Claim on the doorstep from Sechari Clark and Wells taking me to court for an unpaid LLoyds TSB acount- i do owe the money but.............. i had various calls from BLS saying i had to pay them they wrote letters called all the time etc, the last time i spoke to them i said i have had nothing from my bank to say you are taking over the collections and until i do i will not speak to you, they said they are part of Lloyds and will get a letter sent to me nothing ever turned up and they continued to call at all times of day and night, i now have had a couple of letters from SCW saying they have been instructed to collect for lloyds, 2 seperate companies chasing the same thing??? but understand now they are the same as BLS?

Basically i went to LLoyds before my account went into the red and explained i was having finacial difficulties and wouldnt be able to pay my monthly commitments to them- basically i was told there is nothing we can do for you as you are in a unique situation where you are still in the black , let the accounts got to arrears and we can do something- yes, what they did was give me bad advice and cause nothing but grief then set the dogs on me.

I dont dispute i owe the money nearly 8k i have sent them an offer of £1 pm (as a temp measure until i can get sorted out )with a statement of earnings/income/expenditure etc been in touch with consumer credit council / citzens advice etc all who are hopeless as i earn too much to get any help apparently??
I cannot afford to pay them- simple . i have offered what i can, is there any way i can stop the ccj going ahead??? am at my wits end as no one will listen or give advice thats worth anything.
Any advice gratefully received.

[gizmo111]

Basically the only way to stop court action is to pay the debt in full, if you go to court the judge will only order you to pay what you can afford.

[demonbiker]

Originally Posted by gizmo111

Basically the only way to stop court action is to pay the debt in full, if you go to court the judge will only order you to pay what you can afford.

So im pretty shafted then?

I cant afford to pay it off and i dont suppose calling them to try to get them to cancel it will work?

[sequenci]

no that will not work

are you in rented or mortgaged accom?

[demonbiker]

Originally Posted by sequenci

no that will not work

are you in rented or mortgaged accom?

Mortgaged! but very little equity

[sequenci]

Originally Posted by demonbiker

Mortgaged! but very little equity

are you looking to ask for a £1 instalment order? it's possible that the judge may decide that amount isn't "just" and could go for a forthwith order instead.

[demonbiker]

Originally Posted by sequenci

are you looking to ask for a £1 instalment order? it's possible that the judge may decide that amount isn't "just" and could go for a forthwith order instead.

Possibly but i have a short fall of £125 every month!

Forthwith order?? whats that?

[sequenci]

if you offer £1 on the judgment it is possible that it will not be agreed and that the judge could order the whole sum to be due straight away, this is a forthwith judgment. if this happens the amount would be in default straight away so it would be important for you to request a re-determination. you might be lucky and get the £1 order but as you have property it would be a long shot.

[demonbiker]

Posted the claim back with an expenditure form showing what ai can pay and also a little story in my defence about lloyds screwing me over!
And i put down - house jointly owned! dont know if that would make a difference?
All my other creditors have accepted my temporary offer- just lloyds causing a ruck!!

[gizmo111]

Have you charges on these accounts to reclaim?

[demonbiker]

Originally Posted by gizmo111

Have you charges on these accounts to reclaim?

I prob will have but havent had the time to look into it yet?