Help delaying ccj

[helpneeded2017]

Hi all
the lovely people at MSE told me to post here. I've been lazy and copied and pared the post. The issue date is 21/6

Hi all, I posted here several years ago for one of my service users and got some help. So I'm hoping you could be as kind as to help again for another of my clients

. Can someone delay a ccj being issued? The long version is below

I've been helping a client for several months and she's been to see me today with her mother. She used to work in a role that required a credit check that only searched for ccjs, bankruptcy and the likes but has been out of work for some time. She is lucky in the fact that her debts seemingly have been managed well since she started to engage with her creditors (except 1!)

She got a letter from restons solicitors regarding a debt. The letter arrived 2 days before stating "you must contact us or we will issue court proceedings" . She came into my office and I helped her call them. She left a voicemail and the automated service said they would contact her. This never happened.

The following week she wrote to them filling in the forms with the initial letter (I actually posted them for her so know they were posted)
Today she's been to see me and she has received court papers. I have been on the call with her (after speaking with step change) the lady in the phone at restons acknowledged my client had left a voicemail but went on to say she didn't return the call (she doesn't have voicemail on her phone so couldn't have been left a message) they also say they didn't receive the letter I posted

They said they were pursuing the ccj unless full payment was made. Her mother said she can pay the debt for her but not until mid august (its substantial at £2.5k) if it means her daughter can return to her old field of work

My client will not be able to return to her field if the ccj is registered and reatons will not accept a Tomlin order (she understands a Tomlin order will not jepodise her job)

So, in a nutshell is there anyway the court action can be delayed until mid august ? Ideally end of august

I am assisting her on Thursday to complete the online response. - please see update at the end about not being able to log online now to acknowledge

She spoke with the original creditor who said they would have accepted a payment plan but now can't as the case has been passed to legal.

I really want to try and help in in any way I can. She has come so far and is only months away if being fit to go back to work

Thabk you in advance


issue is now she's registered online but it's saying the claim number is incorrect, I think she's registered twice tho so waiting the help desk to email her back to allow access


FYI the account was originally with shop direct but was bought by capquest. Account was set up online in 2010 and "assigned to the claimant" 24/12/2015

im new to all this, and its mind boggling, I work in protection and family not finance so please be patient with what I'm sure will be many stupid questions

[Amethyst]

Re: Help delaying ccj

Morning

Welcome to LB xxx

If the claim was issued on 21st June then she should still be in time to submit the acknowledgment of service - if MCOL is playing silly buggers she can do this on the papers ( should be a form in the response pack ) Simply mark this as ' I intend to defend in full' and only complete the acknowledgement. If she can do it on MCOL then all the better, when she speaks with them again ask them to put a note that MCOL has failed so she's doing it on paper which should prevent any funny business with default judgments.

Doing that extends her time to 33 days from the date of issue - so she can then defend on 21st July ( if needed)

Putting the defence in gives 28 days for the claimant to respond, which takes her to mid august - then the directions questionnaire and transfer of the case to her local court, then sorting out a court hearing will take the case, most likely to end of September - and she can switch over to decide to settle at any time ( or up to 28 days AFTER judgment ) so I don't think you need worry about the timescales if your intention is to settle in August

And, while you're playing for time you may as well investigate a see if there is a defence opportunity by following the First Steps
It's a Shop Direct Account from 2010 so its 50/50 whether they will provide all the right documents. As is is after 2007 it is more likely than not, but still worth sending the CCA and CPR letters detailed in First Steps. Going through the process could also encourage the claimant to settle for a reduced sum between now and the hearing date being set

Does she have any dispute on the debt at all ?


( just re-read that and it's a bit waffley - sorry - BASICALLY - go through the defence process which will extend everything to at least end of August regardless )

[helpneeded2017]

Re: Help delaying ccj

Hi thank you for the speedy respnse


ill read throughly on my linch

shes offered a full and final settlement and the solicitors restons , have said they want every penny.
Thabk you
im sure I'll be back soon with more questions

[Amethyst]

Re: Help delaying ccj

Tell her not to speak with Restons any more.... just follow the process and either sort out negotiating and settling when she has the available funds, or consider defending the claim. With her employment depending on not having a CCJ I suspect stalling, by following the defence process, then settling, is going to be her best option. You are not bound to defend even if you say you are going to in your acknowledgment.


Also for ref MCOL have posted on their site they are having issues today so she might have to hang fire to try acknowledging online to tomorrow, or just do it on paper.

[Kafka]

Re: Help delaying ccj

Given the nature of the process, this couldn't go to court before mid August anyway, even if they pushed it.
Surely the claim falls away if it has been settled before the hearing?

[Amethyst]

Re: Help delaying ccj

Yes, that's what I was saying ... but you have to go through the defence process to extend the timescales rather than admit and offer straightaway else you'd end up with a registered CCJ before the point that the funds are available. Restons have already declined to agree a Tomlin.

[helpneeded2017]

Re: Help delaying ccj

Hi
Ive managed to get online for my client
ive ticked acknowledgement of service and intend to defend clsim

its asking if I contest jurisdiction of the claim and a tick box, do I tick the box?
thank
You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction

[Amethyst]

Re: Help delaying ccj

No you don't contest jurisdiction.

( Well, unless she lives in Scotland )

[Kafka]

Re: Help delaying ccj

2017 - you were asked earlier whether any of the claim was disputed. Is this the case?
There may well be a lot of bogus charges added on to any legitimate debt owed, and in that case the defence should make that case.

[helpneeded2017]

Re: Help delaying ccj

2017 - you were asked earlier whether any of the claim was disputed. Is this the case?
There may well be a lot of bogus charges added on to any legitimate debt owed, and in that case the defence should make that case.

Sorry, well she's not disputing she had the account and she's not disputing she owes the money - although she can't say what charges have been added on.
I have asked her for any paperwork etc but my clients are generally the most vunerable of society and have moved many times so she's got no paperwork or anything