Court Claim from Lowell

[arturZ]

Hello!

I have received the court claim letter for my mobile phone contract I took on around 10 years ago. The claim is for 402£ including costs and that is a chunk of money for me at the moment but for the sake of the stress I was thinking to borough some money and pay it off until I found this website. It is a shame I haven't found it earlier when I was dealing with credit card companies.
I found a lot of useful information in similar threads and I do know about all the documents I have to ask from my claimant. What I haven't found is information about CCJ record on credit file.
1. Have I already got CCJ on credit file because of the court letter? if not then when CCJ records on the credit file?
2. What happens if Claimant provides all the documents I ask for? does that means case is lost?

Any information will be much appreciated

Thank you

P.S. I'm sorry for any mistakes in my writing as English is not my mother tongue

[jaguarsuk]

Hello!

I have received the court claim letter for my mobile phone contract I took on around 10 years ago. The claim is for 402£ including costs and that is a chunk of money for me at the moment but for the sake of the stress I was thinking to borough some money and pay it off until I found this website. It is a shame I haven't found it earlier when I was dealing with credit card companies.
I found a lot of useful information in similar threads and I do know about all the documents I have to ask from my claimant. What I haven't found is information about CCJ record on credit file.
1. Have I already got CCJ on credit file because of the court letter? if not then when CCJ records on the credit file?
2. What happens if Claimant provides all the documents I ask for? does that means case is lost?

Any information will be much appreciated

Thank you

P.S. I'm sorry for any mistakes in my writing as English is not my mother tongue

Hi and Welcome

You do not have a CCJ on your credit file as this is just the beginning of the claim. If you lose the claim, a judgement is entered against you and you don't pay off the judgement within 28 days of the date it's entered then it would go on to your credit file.

If the claimant provides all the documents and all of them are correctly formatted, sent then it's likely they will win.

It would be useful if you could take a photo and post a copy of the claim form here (with personal info removed). If you don't know how to post them up or remove the personal details email them to Kati to do it for you putting a link to this thread in the email and using this address: kati@legalbeagles.info

When did you last make a payment to the mobile phone company or any other debt collector on their behalf?

[arturZ]

Hi

Thanks for your reply

Did I understood correctly that even if I loose a court case I still can avoid CCJ on credit file by paying them in 28 days?

After taking on the contract with t-mobile I haven't made any payments to them at all if remember it wright but I have been paying debt collectors, I had an agreement for 10£ a month and paid around 200 off until I've changed the adress and bank details and it was forgotten until now...

I can't upload the picture so will send it to the email mentioned above

Many thanks

[jaguarsuk]

Hi

Yes, if you lose and you settle the judgement within 28 days of the date on the judgement you will not have it on your credit file.

What date did you stop paying the debt collector?

[arturZ]

I don't have an exact date unfortunately as this bank account i paid threw was closed but that was around 18 months ago

[jaguarsuk]

I don't have an exact date unfortunately as this bank account i paid threw was closed but that was around 18 months ago

Okay, that's good enough because I was trying to establish if you had paid them in the last 6 years.


Is it a letter from a solicitor? Or is it a claim form from the court (blue colour)?

[warwick65]

Hi
Just a few points
It is really not a good idea to borrow money to pay off the debt because tis just gets you into a circle of debt

So you have received a court claim

As for the dates, well again it would be useful to know when you made the last payment , I ask because 10 years on one handset seems a very long time especially given what you have said about never having made a payment and paying a DCA for under 2 years. When did you move?
Can you type out the particulars of claim and this may help people offer opinions

Just for the record, even if a CCJ is awarded then it does not automatically go on your credit file or so I'm told. If you defend it and they do not try to vary oit then it might not be shown, Apparently default judgements, admissions and ones where the creditor has enforced are the ones that get recorded

Diana M have I got that right?

If you defend this and then decide to settle before court you can possibly get an arrangement to pay that will not cost you interest or get you a judgement.

[Diana M]

even if a CCJ is awarded then it does not automatically go on your credit file or so I'm told. If you defend it and they do not try to vary oit then it might not be shown, Apparently default judgements, admissions and ones where the creditor has enforced are the ones that get recorded

Diana M have I got that right?.

Almost

Joanna Connolly explains it in this post 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

[arturZ]

Thank you guys that's very usefull CCJ info

These are particulars of the claim

1) The Defendant entered into an agreement with ee limited (formerly T-Mobile UK Ltd) under account reference 30732630 ('the Agreement')
2) The Defendant failed to maintain the required payments and the service was terminated.
3) The Agreement was later assigned to the Claimant on 30/09/2010 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of 293.56 remains due and outstanding
And the Claimant claims
a) the said sum of 293.56
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, limited to one year, being 23.48
c) costs


I didn't find the date I've paid DCA last as someone asked me before and I am running of time to respond to the court claim

From what I found and read in other similar threads and CCJ info given above its clear to me and worth having a go with the defence of this case. But as I have no experience in responding to court before I am bit concerned. Issue date is 24January 2018 do you think I have enough time to prepear the defence if register online today and respond?