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Help received a court claim form

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  • Help received a court claim form

    Hi All I wonder if you can help me as Iím in a bit of a panic. Yesterday I received a county court claim from a debt recovery company for an old utility bill from a previous house from 5 years ago. I had not received anything else until this court claim form arrived. I called the debt company solicitors straight away off the front of the form and paid the whole balance off as I obviously do not want this going to court and a CCJ issuing against me.

    the lady on the phone confirmed there would not be anything further and it was the end of the matter but Iím still obviously worried.

    My question is as I have paid the full amount off (including extra court fees etc) in receiving the initial court claim form and before it has gone to court is this the end or do I have to do anything else?

    Im in the middle of purchasing a house and obviously a CCJ would stop all this.

    thank you


    Tags: None

  • #2
    court fees ( they can claim those back)? Des-8

    Comment


    • #3
      Hi Mike thanks Iím not sure I panicked as obviously I donít want a CCJ so just agreed to pay it all off before it went to court.

      my main concern was to stop it going to court as it would have stopped my house purchase.

      so my question is as Iíve paid it all off on receipt of the county court claim form will this stop it going to court as they said as obviously there is nothing now for the court to judge on?

      Comment


      • #4
        have you the receipt or acknowledgement from them, no court as you will have proof of acceptance from them, if no receipt get onto to them for acknowledgement and copy withdrawal form they send to court for your records!

        Comment


        • #5
          Hi Mike yes they emailed me a receipt showing the balance as £0 so am I ok to relax again as Iíve been feeling ill with this for 24 hours.

          Comment


          • #6
            you can also say in the next week go on MCOL on line and see if it has been updated a discontinuance = bit slow these days , good news you have a receipt! keep it safe!with court papers filed!

            Comment


            • #7
              Thank you Mike I have also emailed them asking them to confirm in writing it is all cancelled but I donít hold out much hope for a reply. So I donít have to do anything with the court claim form or anything it should just all stop? Am I correct in thinking the only way it will go any further is if the debt collection company go back to the court to issue judgement which they shouldnít as Iíve cleared it all? Or would the court automatically pass judgement?

              Sorry for all the questions just like I said itís made me ill as we have a mortgage offer just waiting on completion.

              Comment


              • #8
                no if they fail to administer (unlikely) court procedures would kick in, there is a procedure all have to take, for instance court would send out a form stating do you agree with mediation you would say yes, at mediation you would state already paid, they would then inform court as such, but before that a defence from you would state on such a date this was cleared and on such a date a receipt for full payment received.

                so the likely hood of problems should not occur, you asked for proof of cancellation so keep copy they have to respond. you cannot get CCJ as the procedure as stated above would kick in! O)K

                Comment


                • #9
                  enjoy the new property and good luck in your future endeavours. n keep copies for 6+ years on file, should not need to refer back but always be prepared if needed>

                  Comment


                  • #10
                    Thank you Mike youíve put me so much at ease. So for the time being just file the court claim form and wait for them to send the cancellation proof to me. If in the unlikely event they donít send this I wonít just suddenly get a court letter through saying Iíve got a CCJ then? Iíd first get a letter with mediation or an actual court date to send them the payment proof?

                    thank you again

                    Comment


                    • #11
                      Originally posted by Bladesmad001 View Post
                      Thank you Mike youíve put me so much at ease. So for the time being just file the court claim form and wait for them to send the cancellation proof to me. If in the unlikely event they donít send this I wonít just suddenly get a court letter through saying Iíve got a CCJ then? Iíd first get a letter with mediation or an actual court date to send them the payment proof?

                      thank you again
                      No - only people that get that at this stage are those who did not acknowledge receipt and could not be bothered to sort out Okay! we call it default CCJ they get (not challenged)

                      Comment


                      • #12
                        also what method did you pay> debit card etc then you have proof anyway!

                        Comment


                        • #13
                          If you've received a claim form from Northampton then go online using the details and password on the form and, as suggested, see if it has been cancelled. If it has not been then acknowledge the claim disputing the debt. There may be an option to say it has been paid in full. Nothing in the defence, that will come later. The court process, once started, just rumbles on in an unstoppable way and if this happens and you haven't acknowledged then you could get a default judgement against you which will be more trouble to overturn. Work on the principle that now that they have your money they won't be bothered to do anything further.

                          Comment


                          • #14
                            Thanks Iíll give it a couple of days then as only pod on Friday then check online to ensure itís cancelled. So just to confirm I donít have to fill any of these court papers in ?

                            Comment


                            • #15
                              You don't have to do anything if it has been cancelled but if not cancelled then you have 14 days to acknowledge.

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
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                              CCA Request
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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)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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