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Court action

If a creditor isn’t willing to accept your offer of payment, they may start court action to recover the debt.

For many common debts, for example credit cards, overdrafts, hire purchase or payday loans , the creditor needs to send a default notice before they could start court action.

If a creditor takes you to court, you’ll get some court forms in the post. If you get any letters or forms from a court, contact us for advice on what to do next. There are often tight timescales to return court forms, so you need to act straight away.

If you ignore court forms, it’s likely you’ll be told to pay the debt immediately or in large monthly instalments.

FAQs

A CCJ is a legal process in England and Wales where a creditor asks the court to set monthly payments. If these payments aren't made, further action can be taken. This can include the use of bailiffs, money deducted from your wage or a charging order securing the debt against your home.

If you've received any court paperwork, please contact us immediately for advice.

There are different legal processes in Scotland and Northern Ireland.

No. The vast majority of court processes are carried out through the post so you won't need to go the court.

There are certain situations that require you attend a court hearing, but these aren't common.

Letters from creditors may sometimes threaten court action. This doesn't mean they will definitely take you to court. The letter will probably talk about what they ‘may’ or ‘could’ do, not what they ‘will’ do.

Court action is possible, but it's not as common as your creditors suggest.

If you've received any court paperwork, call us immediately for advice.

Call us as soon as possible if you've received forms or paperwork from a court.

Don't send the paperwork to us in the post. If court action has started, there are strict deadlines to return the paperwork so it's important to act quickly and avoid further action or additional court charges.

A creditor can take court action any time after a default notice has been issued. Most creditors won't do this while they are getting regular payments through a DMP.

Some creditors may still take court action if you miss DMP payments, you favour other debts by making additional payments, or if you have high living costs in your budget.

Call us as soon as possible for advice.

If a bailiff visits and you can't call us straight away do not open the door. Speak through the letterbox, explain that you're getting help from us and you can't make any payment. Keep your doors and windows locked and park your car well away from your house until you have spoken to us.