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ByGivemeahand
#465273 Right a little of my situation

6 1/2 years ago I went through a divorce, I gave over my house with £65000 capital cars and savings to provide a place of safety for my young child and his mother.

In the separation I occurred £20000 in debt, I lost my job and ended up moving abroad to live. I have returned to the uk and I am slowly building my empire back up.

The debts that I occurred are 5 and 1/2 years old, one got in contact threatening court action so I moved house straight away. I am not in a position to pay them off yet. However I think it worth waiting out for them to be statured barred. The only issue I have is with the company that found me. Can they take me to court? Do they need to deliver a letter of intent directly to me? They have been notified that I no longer reside there. Being a credit card debt I am unsure of the procedures they have to follow. I feel bad for trying to avoid the payment but I have little choice. I have noticed I the letter they sent that the address in which the credit card was for is not mine and I have never lived there, also there is no signature or T&Cs relating to me signing up..

Advise would be appreciated

Many Thanks
User avatar
ByTalbotWoods
#465323 It will depend on two factors

Have they already obtained CCJs against you, if they have then these debts will never be barred.

And more importantly running will not sort this out. There are a LOT of people out there in debt owning much more than £20K, who only pay their creditors/DCAs £1 a month.

If you choose to run, then they will look at this as being debt avoidance (making you a wont pay) rather than a person who cant pay.

Please see your other post or click the link in my signature and PLEASE talk to one of the organisations listed.
ByGivemeahand
#465343 I don't have a CCJ as yet and don't want to get one either, Its hard to start from the bottom. Would your advise be to make an offer of say 10 per month? if so do they have to agree to my offer?

Many Thanks
User avatar
ByTalbotWoods
#465393 Can I ask how you are a ware that there is not CCJ, especially if you have been out of the UK for the past few years?

I cannot comment on any suggest repayment level, as that will depend on your individual circumstances.

This is why I strongly suggest you contact one of the organisation in your other post.
ByGivemeahand
#465403 I did a credit check at the previous address I lived just to find out where I stand. I have No CCJs for this debt. I do have a CCJ which I am trying to save money to pay off in one go (£3700) but that's going to take some time to get together. Im unsure if I can pay in off in monthly instalments because the CCJ was granted 5 years ago
User avatar
ByJaneClack
#465413 You could get a variation order to vary payments to a rate you can afford - it is form N245 and can be downloaded from HMC website - I would back up Tim's advice - please contact one of the debt advisory companies in the links as if you tell them the whole situation they will be able to put you on the right track!
ByGivemeahand
#465423 Many thanks for your advise.
I just want to get back on track, but I know that if I start the payments I wont be able to get a mortgage for years to come, where as if they are statured barred, I may have some chance. I will contact one of the links tomorrow to see what they advise.

Many Thanks again
User avatar
ByTalbotWoods
#465433 I will also add that as you have a CCJ that debt cannot become barred, no matter how often you move. This is something you must deal with.

Plus the other aspect of having this CCJ is that as you are not paying it, so it MAY be attracting interest, at a rate of 8% per annum. Until you deal with it, then the original debt may be going up quite quickly, the original £3700 may well be over £5000 now!

And an unpaid CCJ will almost definitely prevent you from getting a mortgage, in the same wasy as unpaid debts will.

Please seek advice from PayPlan, NDL or StepChange as a matter or urgency.

Dealing with debt can be frightening, but getting tot he solution is much easier than you thing if you are working with one of the main agencies!
User avatar
ByJaneClack
#465583 It will only be attracting statutory interest if it is a debt not regulated by the CCA - and that would be for a debt well over the £3,700 you are talking about. What Tim meant was contractual interest as if the creditor stated this in their original terms and conditions and it was on the claim form this debt could have rocketed - I see this lot.

We cannot answer this question here as information is sparse and contradictory so you will need to telephone one of the free advice companies - it costs nothing and you can explain it all in one go.

Good luck.
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