Responded to claim firm but now received CCJ letter giving 28days to pay

[lisajones]

Hi,
lending steam now with asset collections!

I received the claim form for £756 which I completed and sent back acknowleding the debt.

I had sent many previous emails trying to set up an arrangement as I can never get through via phone as on hold forever and can't keep affording to call.

I keep receiving emails every day asking me to contact and never a response to my emails.

I have now received a Judgment for claimant letter giving me 28days to pay as I have not responded (but i have).

I really dont know what to do! I have emailed again tried to call and am at a loss and now worried I am going to get bailiffs at my door.

I am thinking as I am offering a very low payment (all i can afford) as im on benefits due to a marriage split.

Any advice would be appreciated.

thanks

[Amethyst]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Where did you send the acknowledgment from the response pack back to ? Did you tick the 'intend to defend in full' box or make an offer to pay? Is the judgment a forthwith payment - Judgment by Default ?

When was the claim issued?

[lisajones]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

hi,
I sent it back to the asset collections address on the form. the original letter was dated 18th october and I sent back 1st class 24th October. I filled on the income/outgoings and ticked the offer to pay. The next letter i got is dadted 6th November and states Judgement for claimant (in default) it states i have not responded to the claim form which i have and sent so many emails too! Its says you must pay the claimant £753.86 forthwith.
Thanks for your response

[Amethyst]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Okay - so you didn't return anything to the court - or go on Moneyclaim online at all ?

[lisajones]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

No it stated on the form to return to the address on the form which was the asset collections and not to return anything to the court!

[Amethyst]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Indeed, the 'notes' with the claim form ( attached) do say to only send back to the claimant, distinctly out of order they have simply ignored you and not informed the court of the offer and applied for judgment in default instead. They should have informed the court they did not agree with the offer and asked the court to make a decision - which may well be a forthwith payment order, but wouldn't be 'in default'. Setting aside the default judgment doesn't seem appropriate, as which ever way you'd end up with a judgment as you aren't paying in full, you're admitting the debt and making an offer to pay by installments, and a set aside application is £255 - so I think you need to apply to vary the order - https://formfinder.hmctsformfinder.j...k/n245-eng.pdf - which will cost you £50 ( although you can apply for fee remission on that ) We should also write to the claimant asking them to pay the application fee.

[lisajones]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Thank you for that. I will send them a letter and pront and fill in the form. I really cant afford any more than I offered as we are at breaking point with barely anything left everytime i get my payment �� I am just worried about the bailiffs knockong on my door now.

[Amethyst]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

That N245 will suspend any warrant they might apply for - they can't apply for a warrant until you breach the order ( so not for 28 days if you haven't paid ) so getting the variation application in now will stop anything going any further. Did you keep a copy of the admission/offer documents you sent to the claimant ? post receipt ? Send the N245 direct to the court and send a copy of it with your letter to Asset.

[lisajones]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Do you think they will still accept an offer of payment after all of this? I do not know what do if bailiffs do come to my door and what they are legally allowed to do or take so its a nightmare worrying about it lol. I didnt send it recorded just 1st class and emailed them the same day. i have many copies of the emails sent offering payment etc to which i got no response.

[Amethyst]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Deal directly with the court from here ( just copy Asset in in writing as a courtesy - not that they deserve it but works in your favour should they continue pretending the court system is their own personal intimidation vehicle!) TBH it matters not really if Asset accept an offer, the court will look at your circumstances laid out of your N245 and make their own decision which will be set by the court and Asset will have to abide by that decision. You need not worry about Bailiffs once you have that form in as it puts a barr on further enforcement.

[lisajones]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

thank you. do i need to send the £50 with the form whem posting?

[Amethyst]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Complaints

Contact Name
Kirsty Callaghan


Address:
49 Grovewood Business Centre Strathclyde Business Park Bellshill North Lanarkshire ML4 3NQ UNITED KINGDOM

Phone: +44 01698907080
Email: kirsty.callaghan@assetcollections.co.uk
& cc. consumer.queries@fca.org.uk

If you want to make a complaint to Asset about not responding to communication and ignoring the court forms.

[Amethyst]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

thank you. do i need to send the £50 with the form whem posting?

If you won't be eligible for fee remission you should contact the court by phone ( the one that sent the default judgment so likely to be Northampton County Court Business Centre) and you will be able to pay by card over the phone - you can also send the form in by email ( complete it and save as a PDF )

Claim responses & directions:
ccbcaq@hmcts.gsi.gov.uk
Fee paid applications:
ccbcfees@hmcts.gsi.gov.uk

County Court Business Centre (CCBC):
0300 123 1056
01604 619 400

[lisajones]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

Thanks for all your advice. I will get the ball rolling. Hopefully I will be eligible. I will also put in the complaint to them. The way I have been ignored and can never get through via phone ( I have all the screenshots of calls and how long I was on hold lol. Also all copies of emails. I feel like going to the ombudsman but will leave that for now until this is sorted.

[Debt Camel]

Re: Responded to claim firm but now received CCJ letter giving 28days to pay

I feel like going to the ombudsman but will leave that for now until this is sorted.

that is a good idea, both to complain and to leave it for now. Don't forget it!