I've received a county court claim form for a debt from Lowell solicitors. My main priority is to avoid getting a CCJ issued against me and I'm wondering if it may be too late now. If I make the full payment of the debt now including the added legal costs, would a CCJ still be issued? What would be the process of avoiding a CCJ in this case?
County court claim form: if I pay it all off now, will I still get CCJ issued anyway?
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Originally posted by ploddertom View PostSeeing as it is now the weekend why not tell us a little more about this. Hopefully you will then have a plan to action on Monday morning.
Is a CCJ inevitable after a court claims is issued even if you pay it all off at once? My main concern is that I do not want to have a CCJ issued against me, even if paying it within 30 days of the judgement means it won't get registered. Is there a way to avoid it at this stage?Last edited by Ntsurian; 25th October 2019, 22:51:PM.
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No, it isn't inevitable. If you pay the debt, you don't owe anything, so the Court wouldn't be able to order you pay it.
Lowell will also have to tell the court immediately if you pay them. It's also worth saying that Lowell have to physically ask for a judgement after the forms have been issued, so if you call them and ask them to wait (if you need time), you should hopefully find they're cooperative with you.
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Thanks for the replies, everyone. Much appreciated.
I said Vodafone earlier, but it's BT. I confused things because this was BT when I had sim only contract with them. They cancelled my service after non-payment. I called to pay what I owed after a month and to have the service reinstated but they said no - and that (a) I owe them the rest of the contract, (b) even if I pay that, they won't reinstate any service. With Vanquis I remember they sent a letter apologising for something and reducing the total amount I owed - I believe they violated a rule or something. I'm not sure if the total amount in the claim takes the reduction into account - I'll need to find the letter.
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Particulars of claim Compromises of the following Agreements the Defendant entered into:
a. Vanquis Bank with reference xxxxxxxxxxxxxxxx and current balance of £300
b. BT plc with reference xxxxxxxxxxxxxxx and current balance of £100
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
The claimant claims:
a) The total of the said sums being £400
b) The interest pursuant to s29 county courts act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, but limited to one year, being £29.91
c) costs.
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I approximated the actual amounts to avoid giving exact figure.Last edited by Ntsurian; 27th October 2019, 04:42:AM.
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
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.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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