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Claim against me!!!


Dav3yBoy
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Hello, very worried now...

 

4 years ago i took out a loan for a car. Things were ok for 3 years but then i got into trouble.

I lost my job and defaulted on the payments. I did manage to get back on track with them but in the last 3/4 months i have been struggling to make any sort of payment.

 

I have phoned them and explained an they have been helpful once, by allowing me one months grace but expecting the payments to go back to normal.

 

I did explain i wouldn't be able to do this as the payments are too high for my outgoings to afford.

 

After numerous phonecalls and letters i got home from work today and a nice claim form from my local court was there to greet me.

 

They are asking for the whole £5k to be paid at once which i haven't got a prayer of doing.

 

I have filled in the form accepting the debt (it is mine, they responded to my cca request with a signed credit agreement etc) and i don't want to run from the debt anyway.

 

I have listed my outgoings on a sheet showing that i can only realistically pay £50 per month (and that is stretching it)

 

I haven't sent the form back yet as i thought i would get some advice from this lovely site.

 

I already have a CCJ and a charging order on my home for another creditor so will my offer be accepted??

 

The co by the way is Black Horse

 

Thanks for listening

 

Dave

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Hi there, is the loan secured on the car, or was this a personal loan?

 

Kind Regards

 

Ell-enn

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It was done as a personal loan. I thought it was HP but it wasn't...

 

But the car is out of the equation as i had an accident in it (and had no insurance) It was written off. My stupid fault but i can't even redeem any money back on the vehicle...

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OK, send back the admission showing your income and expenditure BUT don't stretch yourself too far - if you make an offer to pay more than you can comfortably afford and then default you will be in all sorts of trouble. Much better to inflate some of your expenditure (travel costs, meals etc?)in case you have an emergency expense one month. If you think you will struggle with £50 per month offer £30. The court should only set the payments at what you can afford in line with your income and expenditure form

 

Unfortunately this will mean you have a CCJ, but if that's the only option I'm afraid you will have to bear it.

 

Glad to see you are taking responsibility for your debt - Blackhorse will just have to take what you can reasonably afford.

 

Good Luck and please keep us informed of your progress.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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