N1 Defence.

[want2befree]

HI guys,
Do we get hearing date after we file defence of form N1, suppose we lose at claim and pay . Payment will be made after 30 days from the claim date . Does the claim still stay on the credit file.

[Amethyst]

If you pay a Judgment within 28 days from the date of the judgment the CCJ isn't entered on the register.

[want2befree]

If you pay a Judgment within 28 days from the date of the judgment the CCJ isn't entered on the register.

Thanks ,But why will I ppay judgement If i am filing defence? Do you mean suppose , I file a defence and the defence is rejected ie I lose. So I got no chance to remove the CCj from my credit file.

[Amethyst]

I feel like I’m missing something lol - are you defending a claim or applying to set aside then, if successful, defending the claim ?

[want2befree]

I feel like I’m missing something lol - are you defending a claim or applying to set aside then, if successful, defending the claim ?

This is just a general query for general knowledge. not related to me

[Amethyst]

HI guys,
Do we get hearing date after we file defence of form N1, suppose we lose at claim and pay . Payment will be made after 30 days from the claim date . Does the claim still stay on the credit file.

If you pay a Judgment within 28 days from the date of the judgment the CCJ isn't entered on the register.

Thanks ,But why will I ppay judgement If i am filing defence? Do you mean suppose , I file a defence and the defence is rejected ie I lose. So I got no chance to remove the CCj from my credit file.

If you defend, and lose, then you would have a judgment against you, which you would pay within 28 days so it isn't registered on your file. If you didn't pay then it would be entered on the register for 6 years.

[ostell]

Care to say what this is about? If you have received a claim form then you acknowledge it on line as soon as you can using the details on the form you received. There is then no need to submit a defence at that time, indeed it is recommended that you put nothing in the defence. The acknowledgment gives you 33 days from the date of issue to get your defence to the court.

The defence you submit cannot just be rejected, it needs to go to a hearing. There are a few more steps after you submit your defence before you get a court date. It's at court that you win or lose. And if you lose then you have a month to pay before the CCJ is recorded on the credit files.

[want2befree]

Ok thanks for the information

[want2befree]

Information i meant

[ostell]

Information i meant

There is and "Edit" button at the bottom right of your post so that you can make corrections without creating another post.

Are you the threads you's started recently all about the same matter? If they are it would help to keep it all together.

[jaguarsuk]

There is a more full discussion taking place here if it is all relating to the same matter: http://legalbeagles.info/forums/foru...-back-by-court

[Diana M]

If you defend, and lose, then you would have a judgment against you, which you would pay within 28 days so it isn't registered on your file. If you didn't pay then it would be entered on the register for 6 years.

If the Defendant loses at Trial then the CCJ would not be registered with Trust Online/CRA file unless there is any further action taken by either the Claimant or the Defendant such as enforcement action (Attachment of Earnings, Charging Order or Warrant of Control/bailiffs) or an Application to Vary the CCJ etc.

If the Judgment Debtor doesn't pay within 28 days and/or agrees a payment schedule direct with the Judgment Creditor then the CCJ is not registered on their CRA file.

Only Default Judgments and Admissions are automatically regstered.

Joanna Connolly explains it here >

Re: PRA GROUP V's BRIGO


1. After a trial/hearing there is no requirement for the Claimant to notify the court when the Judgment debt is paid. It is only if they make an application to the court to enforce the Judgment (thereby notifying the court that the Judgment monies have not been paid) that the court would even notify Registry Online of the Judgment.


2. The only Judgments that are automatically sent by the court to the Registry Trust to be registered on your credit history are Default Judgments and admissions. If these judgments are not paid within 30 days (or a month) then the Judgment will stay on the defendant’s credit history for 6 years. If paid within the month then the judgment will be cancelled on the Register and removed from the credit history.


3. If Judgment is handed down by the court at the end of a trial or at a hearing for say £4,000 then if the order is silent on when it is to be paid it would be due within 14 days, or the court may order 21 or 29 days. The order is not automatically sent to Registry online at this point. There has to be some further action taken by either the claimant or the defendant in relation to the Judgment debt.


4. If the Defendant after the trial/hearing approaches the claimant and say for example informally agrees (without a consent order being signed) that they can pay the Judgment order of £4,000 over say 12 months by standing order then neither party has taken steps to either vary/enforce the order and as long as the payments are made the Judgment will not be sent by the court to Registry Online. The claimant still has the security of the Judgment that can be enforced if the defendant misses an instalment but the Defendant has the benefit that the Judgment will stay off their credit history.


5. If the Defendant pays the Judgment monies within the time period stipulated by the court , then again nothing is sent to Registry online


6. If the Defendant doesn't pay the Judgment monies and the creditor does not take any steps to enforce the Judgment (i.e bailiffs, attachment of earnings etc) then again until the creditor does take the step the Judgment won't be sent to Registry online.


7. If the OP makes an application to the court to vary the Judgment AFTER a trial/contested hearing then at that point the Judgment will be sent to Registry Online.

Di

[Amethyst]

Indeed, that is the theory, however I would not want to take that risk with my credit file and potentially my job - would you ?

[Diana M]

Indeed, that is the theory, however I would not want to take that risk with my credit file and potentially my job - would you ?

To be clear my post did not encourage your forum member to take a legal risk.

I simply answered their question (quoting Joanna Connolly Solicitors view) because a previous post on this thread may not have given them accurate legal information.

Diana M