Urgent advice please regarding claim form

[RDRR]

Hi.

I received a claim form last month regarding a credit card debt. I originally intended to defend it, so filed an AOS. However, since then I have found a long forgotten response to a CCA request I sent in 2009, from the original creditor, which included a signed agreement that I have been advised is compliant.

I now wish to come to a payment arrangement with the new creditor (a DCA), but having called them they will only entertain full and final payment (minus 25% discount) in order to stop proceedings, which I cannot afford.

My question is, how do I now go back to the court and say I would like to admit the debt, but need time to pay? Can I, or is it too late for that? We are well past the 14 days I had to send the claimant the relevant form. In fact I am probably subject to summary judgement any moment, as the 28 days since service are up (I think - this is complicated by the recent bank holidays) and I haven't submitted a defence.

Would it be ridiculous to use MoneyClaim to submit a 'defence' basically outlining the above, so the judge knows my situation and that I am willing to offer a payment arrangement I can afford?

I am resigned to a judgement against me, but would like to minimise the damage and offer a reasonable payment plan.

Any advice would be very gratefully received.

Thanks.

[mystery1]

Re: Urgent advice please regarding claim form

Either agree a payment schedule with the claimant either via a consent order or a Tomlin order or use http://www.legislation.gov.uk/ukpga/...ension-of-time

M1

[Amethyst]

Re: Urgent advice please regarding claim form

Once you have entered an AOS it doesn't hold you to entering a defence and you can enter an admission and offer to pay via MCOL orusing the form in the response pack - completing your Income and Expenditure form, then the court will set your repayment amount.
.................................................. .................................................
Offer to pay

If you can’t afford to pay the money in a lump sum, you can offer to pay in instalments or by a given date:

fill in the admission form
say on the form how you want to pay - eg by a certain amount per month
send the form to the address on the claim form

If the other person or business accepts your offer, keep up with the payments. If you don’t, you could be taken back to court and asked to pay more costs.

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I admit I owe the debt and want to make an offer to pay

In order to claim against you in the County Court for a debt regulated by the Consumer Credit Act 1974 (most credit cards and unsecured loans are regulated) the claimant must have followed certain protocols and procedures.





Notified you in writing of their intention to file a claim at the court - standard 'reasonable time' is 14 days.
Given you opportunity to make payment prior to filing at court
Supplied documentary evidence of the debt
Issued you with a default notice






If the amount that is being claimed appears higher than you think it should be then the claimant may have added 'collection' or other charges to the account. It may be possible to defend these and have them removed from the claim.

If there is no supporting documentation provided with the claim form, and in most cases there is not, then we always recommend sending a PART 31.14 Request for Information to the Claimant after acknowledging the claim.

If you admit that you owe the money, but cannot afford to pay it all at once, you can ask for time to pay. This may, if the claimant agrees, avoid getting a judgment registered against you.

Fill in Form N9A. Give all the details about your income and expenses it asks for and say how you would like to pay. You will find it useful to complete a full Financial Statement and use the figures from that for the response, this will help ensure you do not offer more than you can afford. Information on this can be found Legal Beagles .

Take or send Form N9A to the court and to the claimant at the address shown on the claim form for payments or documents. Keep a copy for yourself.

If the claimant accepts your offer to pay by instalments you must:

• keep up instalment payments. If not, your goods may be taken away and sold, or a court order may be made affecting your income or property

• let the court know if you are having trouble keeping up the payments; for example, if you lose your job. You can make an application to redetermine the installment amounts if your circumstances do change.

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[RDRR]

Re: Urgent advice please regarding claim form

Thanks for the replies. I intend to fill in form N9A and send it to the claimant, but I can't see any way to notify the court of this via MCOL. If I click on the "If you admit all of the amount claimed, complete the Admission form" button then it just takes me to a page saying:

Making a Full Admission:

If you are admitting all of the claim and wish to pay it now you should take or send the money, including any interest and costs, to the claimant.

If you are admitting all of the claim but are unable to pay immediately, you should complete the Admission form (N9A) in your response pack and send this to the claimant's address for receiving documents and payments on the front of the claim form (N1).

You should act quickly to ensure that the claimant receives the money within 14 days of the date you received the claim (the date of service). If payment does not reach the claimant within this time they may ask for judgment to be entered against you and this may affect your future ability to get credit.

As I said, I'm well past the 14 day limit quoted above and virtually on the 28 day limit following AOS. If I don't notify the court of my change of heart and 'admission', then as far as they are aware I've just filed AOS but failed to submit a defence.

Am I missing something?

If judgement is made, in the absence of any defence, then will I still be able to suggest a payment plan retrospectively? Or will the bailiffs be knocking on the door, looking for things to sell to pay the full amount?

Thanks again for your help.

[Amethyst]

Re: Urgent advice please regarding claim form

Send a copy of the N9A to the court at the same time you send to the claimants solicitors.

Sorry you used to be able to do it online, they keep changing things.

[Amethyst]

Re: Urgent advice please regarding claim form

ahh sussed what you are worried about, It isn't the court that gives the judgment by default if you don't enter a defence, the claimant has to ask for it, so if you send them the admission then they won't enter request for default judgement. Theoretically anyway, hence why I'd send copy to the court as well.

[RDRR]

Re: Urgent advice please regarding claim form

ahh sussed what you are worried about, It isn't the court that gives the judgment by default if you don't enter a defence, the claimant has to ask for it, so if you send them the admission then they won't enter request for default judgement. Theoretically anyway, hence why I'd send copy to the court as well.

Yes, this is definitely what I'm worried about, thanks

It wouldn't surprise me if they are able to apply for judgement tomorrow. In fact they may have been able to apply today. The date of issue on the claim form was March 19th, which by my reckoning meant 28 days were up yesterday (from date of issue plus 5 days). From what I've read the bank holidays will extend this a little, but I'm a little sketchy on this.

So my plan is to send them the form tomorrow, next day delivery. I also intend to email them the same, and hopefully copy the court if I can find a suitable email address.

I have a recording of my call with them from earlier today (actually, yesterday now), offering a monthly installment plan (which was flatly refused), if that will help with any future difficulties.

As usual, thanks once again for your help.

[Amethyst]

Re: Urgent advice please regarding claim form

Was the claim through northampton bilk centre? mailto:ccbcdefendants@hmcts.gsi.gov.uk

I expect you could complete and scan in the documents and email as PDF attachments, then send the hardcopy by post.