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Hi there, please can I ask for your help please? I've very recently received a General Form of Judgement or Order due to a claimant taking action over a loan. The judgement advised payment by instalments on the 24th monthly. I've contacted the claimant by email & forwarded to the county court to advise that any guaranteed funds don't arrive with me until around midnight on the 24th, so my instalments to her will be in her account the very early hours of the 25th each month. I asked her to acknowledge her acceptance of this, but I've received no response. I'm just so terrified of enforcement action being taken & just wondered how likely it might be that she does so for the sake of a few hours? I've been nothing but gracious & empathetic towards the claimaint but she has sadly been very bitter & unkind. Also, so sorry to ask a further question, but when I contacted the court after receiving the order, I asked if a General Order is a CCJ & was advised that not as yet & so long as I pay, but I'm unsure about this & just wish for clarification as to whether it is a CCJ please? Thanks so very much for your kind assistance in advance.
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Hi there, so sorry, I'm new to Legal Beagles, you've kindly notified that you've replied to my post in forums in my private messages & my inbox is empty? Many thanks x -
Hiya
The Order to pay by installments will be the result of a County Court Judgement. I think what the court mean by saying it won't be a CCJ unless you don't pay is that CCJs don't get registered unless you don't pay as per the Order.
You can check to see if you have a registered CCJ against you for a small fee at the Registry Trust TrustOnline Search
On your point about the payments going in the early hours the day after they're supposed to, I think the court would take the view that the claimant would be entirely unreasonable if it applied to enforce it due to 'late payment'. Also you've notified the claimant of it and given that they haven't objected, you have a strong argument of implied agreement.
Additionally, at any point that the claimant applied to enforce on the basis of and outstanding payment, unless they applied and it it was dealt with in the middle of the night, your payments would always be up to date.
I really wouldn't worry.
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Thank you so, so very much for your kind help in clarifying this for me, your help is very much appreciated. I feel much better now. Bless youComment
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You're welcome.Comment
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First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
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Example Defence
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If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
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