County Court Claim received

[jamemulla85]

Hi,

I have received a county court claim today giving me various options. I have a question, at this point have i already received a CCJ?

Thanks,

James

- - - Updated - - -

sorry, forgot to add, the docs dont state whether i have or not or whether i can remedy this etc. Any help appreicated

Regards,

James

[MIKE770]

Re: County Court Claim received

enlighten the peeps information about/ etc etc etc

[jamemulla85]

Re: County Court Claim received

Claim form from county court business centre ref debt from catalogue (from cohen cramer solicitors). amount claimed is x with court fee £25 and legal fees £50. Has the county court stamp etc. Issue date 23rd June. received today.

Thanks in advance

[Amethyst]

Re: County Court Claim received

Have you received a claim form ? Does it contain a section called 'Particulars of Claim'? If so can you type that part
out please.

Do do you recognise the debt ?

[Amethyst]

Re: County Court Claim received

Oops crossed posts- yes that sounds like a claim form then - so no you don't have a judgment against you yet and have chance to remedy or defend the claim. If you have a look a the top of the court claim forum there is a section called first steps - if you have a read there it should give you a good idea as to what to do first


Ooo worked out how to do a link on my phone ... http://legalbeagles.info/forums/show...it-Court-Claim

[jamemulla85]

Re: County Court Claim received

I recognise the debt - i just need to know at this stage if i have a ccj - if paying in full stops a CCJ from occurring i would rather do this:

'This claim is for the sum of £x due to the defendant under an agreement regulated by the consumer credit act 1974 for a shop direct account with an account ref x. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1 of the consumer credit act 1974 which has not been complied with. the debt was legally assigned to the claimant on 08/july2016, notice of which has been given to the defendant. the claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of x. The claimant claims the sum of x'

does this help? thanks

[Amethyst]

Re: County Court Claim received

Yes paying in full on receipt of a court claim would stop you getting the ccj - you could just pay the full amount and inform the court you have done so ( with evidence of the payment ) OR you can contact the claimant and negotiate a full and final settlement ( which might mean you can pay less than the claim ) but may be a little more hassle as you'd want to get agreement in writing that they are accepting the payment in full settlement and no judgment will be entered ( often known as a consent order) .

Alternatively you could look into defending the claim - possibly have a read of some other shop direct claims on here ( there are a lot) and see how you feel. You can always fight now to test the water and settle if you feel you need to before ( or within 28 days of ) judgment. I guess it depends how large the amount is as to whether it's worth the time investment.

[jamemulla85]

Re: County Court Claim received

Thanks Amethyst. The amount is not high to be honest - can i extend this for 28 days without receiving a ccj? have i read this correctly? ideally waiting until next pay day would be a great help!

[Amethyst]

Re: County Court Claim received

If you acknowledge the claim with intent to defend infill that will extend the amount of time you have to 28 days from the date of service. If you're doing that you might as well send off A cca and cpr request while you wait.

Timescale wise you have 28 days from service to put your defence in, ( once you've acknowledged ) .... then it takes the claimant another 28 days to go back to the court at which point you get a directions questionnaire, and the case is transferred to your local court. Then it's likely to be a couple of months until you get a hearing. So long as she put in your acknowledgement of service and defence there shouldn't be any judgement for four or five months.... and you can just pay any time in between.

Of course if you don't put in acknowledgement or defence the claimant could get a default judgement but still at that point you could just pay the full amount to avoid this CCJ going on your file

[jamemulla85]

Re: County Court Claim received

thanks - seems easiest option is to pay. I will however contact the claimant direct and see if i can get this paid minus the fees. hopefully they agree.

thanks for your help

[Amethyst]

Re: County Court Claim received

No worries - let me know how you get on xxx