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Need help regarding County court claim/ Overdales Solicitors

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  • Need help regarding County court claim/ Overdales Solicitors

    Hi,

    I moved house in February 2023, the person who lives at my old address dropped off some of my post and there was a county court claim form dated 31st July 2023. Claimant is Lowell, but itís actually Overdales solicitors who have done the claim as I rang them.

    During the call I told them I had moved, they told me they had already started court proceedings but that I could pay it off over 4 months to avoid the CCJ.

    I made an initial payment of £7.20 on 14th August with 4 more payments of £115 due Sept,Oct,Nov,Dec to clear the balance.

    I just need some advice whether to respond to the county claim form, even though it was issued nearly 2 months ago? And why can Overdales offer me this 4 month payment plan without me getting a CCJ in the meantime?

    The debt is for shop direct, which was originally £367.20 but has added court fee of £50 and legal representatives costs of £50 so now stands at £467.20

    The payments are high and I will struggle to pay them, but I really donít want a CCJ on my file.

    I also wanted to add that I tried to lower the payment plan and they emailed me and said
    ďKindly note, there is a payment plan in place for £115.00 to be paid monthly, this is via Repeat Card Payment (RCP) and your next payment is due 28 September 2023. This is to avoid a County Court Judgment (CCJ).
    Should the current payment plan be unaffordable, you should respond to the Claim form how you deem appropriate, as per the guidance on the form.
    This would have been served by the Court to the address that we hold on our records.

    If you are admitting the debt in full and wish to pay by instalments, contact us on 0333 111 0800. Our agents are available to complete the Admission form with you over the telephone. Alternatively, you can complete the form and return it via email or by post to the address provided below or to the Court.
    Please ensure you respond to the Claim within the time frame set by the Court. Failure to do so may result in a County Court Judgment (CCJ) in Default being entered against you.Ē


    Any advice would be great! Thank you
    Tags: None

  • #2
    Hi Confused

    Welcome to LB

    You could defend the claim online via MCOL.

    Deny all online, file a defence, which might take you to Mediation.

    Or you could fill in an income and expenditure form. Make sure you take into account the cost of living, energy food etc.

    You'll be able to show what you can afford each month, if it's £1 a month so be it, a Court will only ask you to pay what you can reasonably afford each month. Send that to the Court and Overdales.

    Comment


    • #3
      Thank you for taking the time to read and reply. If I were to do the income and expenditure form, would that mean I would therefore be accepting and getting a CCJ?

      Comment


      • #4
        Originally posted by Confused1992 View Post
        Thank you for taking the time to read and reply. If I were to do the income and expenditure form, would that mean I would therefore be accepting and getting a CCJ?
        You wouldn't get a CCJ, there would be no point because you've made arrangement to pay.

        With the Income and Expenditure form send a covering letter. Explain that because of the 'Cost of Living Crisis' you can only afford to pay X amount each month, you provide details in the I & E form.

        You can amend the following letter to suit your circumstances. Make sure you get Proof of Postage.

        https://www.citizensadvice.org.uk/de...itor---letter/

        Update the thread.

        Comment


        • #5
          Ok thanks, I will get that started tomorrow. On the online claim form, do I need to click on admission? As thereís a income and expenditure sheet on there, or do I do nothing with the claim form and send a I & E separately from this? I always thought if I do the admission Im basically accepting the debt and then get a CCJ regardless

          Comment


          • #6
            Originally posted by Confused1992 View Post
            Ok thanks, I will get that started tomorrow. On the online claim form, do I need to click on admission? As thereís a income and expenditure sheet on there, or do I do nothing with the claim form and send a I & E separately from this? I always thought if I do the admission Im basically accepting the debt and then get a CCJ regardless
            If you click admission, you are admitting the debt, you are also saying you want to pay the debt. The CCJ isn't a automatic thing, they have to apply to the Court to serve a CCJ, you get papers, you can defend the CCJ etc. The only time you'll get a CCj is if you don't keep to the payment arrangement. You can do it all online, admission, Income and Expenditure etc.

            Comment

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            SHORTCUTS

            Pre-Action Letters
            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Witness Statements
            Directions Questionnaire
            Statute Barred Letter



            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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