Failure to meet terms
Advice
If you don’t keep to the terms of a CCJ
If you do not keep up the payments specified in the CCJ then the creditor can take action to recover the debt, generally, there are several ways they can do this
- They can escalate the claim to the high court (the debt must exceed £600 for this situation), in which case you could receive a visit from a high court bailiff.
- If you own (or have a mortgage for your home) they could apply to the court for a charging order.
- If you are working, they could ask the court for an Attachment of Earnings Order.
- If you are on benefits then they may approach the DWP for a Third-Party Deduction Scheme (DWP pay money directly from your benefits) – not all types of debt are allowed by the DWP.
Bailiff action
Bailiffs can visit your home or business to collect the money, collect goods to sell to get the money or work out a mutually agreeable repayment plan. There is a charge for sending round a bailiff which will be added onto the debt itself.
Charging Order
If you own a property (either with a mortgage or outright) the creditor can ask for a Charging Order to be secured against it. This means that a charge would be placed on your property so that when the property is sold the creditor would be paid their money back from the proceeds of the sale. The court allows 8% cumulative interest, whereas the property value may increase at a far lower rate, as such they effectively own more and more of your property as time goes on, in addition, they do not have to accept any short settlement offers on the debt, they simply have no incentive to do so.
Attachment of Earnings Order
An Attachment of Earnings Order asks for the money owed to be deducted by your employer from your wages.
Third-Party Deductions Scheme
As previously stated not all types of debt are allowed by the DWP – for a complete guide please see https://www.gov.uk/government/publications/how-the-deductions-from-benefit-scheme-works-a-handbook-for-creditors/universal-credit-third-party-payments-creditor-and-supplier-handbook#types-of-arrears-recovered-from-benefit
How we can help
Lestons can assist with all aspects of the default of terms, the option of coming to a repayment plan will most likely have passed and as such the matter will most likely be a purely legal affair. To gain our assistance you need to open a case, this is done by simply clicking on the link at the top of the page, you will then need to deposit a sum equal to one hour’s usage, upon receipt of these funds you will be assigned your personal caseworker who will telephone you to discuss the matter and make suggestions on how to proceed.
Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.