Help Needed

[Addoscooby]

Hi, I have received a claim form today. I want to pay off in full. If I do so what affect will the Claim Form have on my credit history?

many thanks

[MIKE770]

all it would show as settled and stay on credit file for 6 years or 5 in scotland, better give us information as to who owed etc etc was it an actual claim bue form or 5 pages of intent to issue claim?? First Steps
Check dates
Acknowledge Claim
CCA Request

[Addoscooby]

Hi, it was a claim form for an Argos debt, I have acknowledged and sought full 28 days.

No CCJ has been issued so I thought if I paid it off straight away it would not affect my credit

Thank you

[Addoscooby]

I guess what I am asking is that if I pay it straightaway

1. What happens with the proceedings
2. Can they still get a CCJ against me?

[MIKE770]

if you pay off then a claims stops once the owners inform the court.. wait others will advise also, many a claim is speculative and n, i.e. have they the legal right to claim monies off you = many do not and hope you cave in??

[Addoscooby]

How will I know if they notify the Court?

I requested the CCA info back in June. Due to health reasons I would rather just pay it off.

I spoke with Lowell’s today and they advised I made a payment in May 2015 which I know to be false.

I went to Court against Lowell’s in 2016 and won and got costs but I can’t face the stress of that again

[MIKE770]

case discontinued was it? some smells here, look I have asked help for you

[Amethyst]

That's understandable, it can be time consuming and stressful however on top of things you are.

Are you wanting to just pay it off in full? If you've received the claim form, and acknowledged it and haven't got to the Defence date as yet you can contact the claimant directly and offer them a full and final settlement on condition that the claim is discontinued - OR you can simply pay in full, including court fee etc, and inform the Claimant and notify the court that it has been paid. Then it won't ever turn to a CCJ or touch your credit file.

If you don't want to pay in full but by installment, then negotiate directly with the claimant rather than entering an offer through the court system. An installment order through the court would be a CCJ and affect you for the six years.

Were you thinking / claiming the debt was statute barred until the point the claimant said that you paid in 2015 ( which you dispute ) ?

You can of course go through the Defence process for a time to test the statute barred argument ( and you have the outstanding CCA request atm ) - particularly if you intend to settle in full anyway - might as well see if your defence has any legs - so long as you agree settlement before you get to Witness Statements/ Hearing fee / court date you shouldn't incur any additional fees, but your health ( and sanity ) is far more important so if you are in a position to pay if off and get it out of your hair it's completely understandable.

[Addoscooby]

Nope went to a final hearing and the Court found in my favorite as they couldn’t produce necessary docs and paid £100 of costs.

I know exactly what they are like and they will push to a final hearing and send a young ill prepared Barrister

[Amethyst]

I guess what I am asking is that if I pay it straightaway

1. What happens with the proceedings
2. Can they still get a CCJ against me?

1: It's marked as paid and that's the end of that.
2: Nope, not if you pay in full.

[Addoscooby]

The debt I believe is statute barred, but they are saying I made a payment in May 2015 for £30 keeping the debt ‘live’

My sanity is important to me (it’s for about £200) and I am not sure for my health it’s worth it :-(

[Addoscooby]

Just to clarify if I pay at any point up to the final hearing I can’t get a CCJ? Is that right?

[Amethyst]

Yes, if you pay in full and stick to the court deadlines for submission of your defence, directions questionnaire etc

For £200 I think I'd rather just pay it off but it depends how strongly you feel about the debt being legitimate etc.

[Amethyst]

The debt I believe is statute barred, but they are saying I made a payment in May 2015 for £30 keeping the debt ‘live’

My sanity is important to me (it’s for about £200) and I am not sure for my health it’s worth it :-(

Can you get your bank statement for May 2015 to check if the payment was made ?

[Matty B]

You could, if you feel up to it make a lower offer and say although they have not supplied any proof, you are prepared to offer a full and final for say £50


Just a thought and you could always up it