ClaimForm for overdraft debt

[Shacksie]

I want to file an Acknowledgement of Service to get the additional 14 days. If I select "I intend to defend all of this claim" within the 14 days of service does this legally bind me to put in a defence? For example, I may decide to admit the claim. Will putting in an AoS incur any additional charges? Will it increase my risk of a CCJ (trying to avoid)?

[ostell]

If you intend to defend all then if you do not submit a defence then you will probably get a default judgement against you.

Any additional charges have already been incurred by the raising of the claim.

You can pay at anytime but you will probably be liable for the costs so far.

If you defend all and you lose then the CCJ will not be recorded against you if you pay within 30 days.

If you don't put in an AoS then you WILL lose.

[Shacksie]

Thanks for responding but my main issue is whether I can complete the AoS but then NOT put in a defence, and not receive any penalties (fines/CCJ etc). Does the time limit determine this?

The LegalBeagles site states "You should tick option 2 – ‘I intend to defend all of this claim‘. This is not binding and if, after further investigation or consideration you decide to admit the claim or make an offer to pay by installment you can." here: https://legalbeagles.info/library/gu...ledge-a-claim/.

I haven't seen this anywhere else and am looking for confirmation and clarification on the conditions of this.

[ostell]

You can pay on the steps of the courthouse if you want

If you acknowledge you have the lesser of 33 days from the date of issue or 28 days from the date of AoS to submit your defence. Don't submit then default judgement against you.

As I said, if you do not complete the AoS then 19 days (issue date + 5) after the issue date the claimant can apply to the court for a judgement against you.

Not submitting anything will go against you and you will lose.

[Shacksie]

Let me just check, if I complete the AoS and check "I intend to defend all of this claim", but then I change my mind about defending, can I pay the amount claimed and not risk default CCJ? - Assuming I do that within 28 days of the date of service.

[ostell]

Yes, but there could be a slip up in the handling. If you pay then submit a defence saying you paid on xxxx so that the court knows just in case the claimant is a little tardy about giving notice of cancellation.

Tinkering with the court procedures is a dangerous game

Why not tell the FULL story instead of starting a second thread

Have you actually read all the comments made ?

[Shacksie]

Thanks Ostell. Still trying to get my head around it.

Just to check on the process: Can you pay the full amount on the claim form at any time within 28 days of serving (assuming you completed the AoS in time) to stop court proceedings and CCJ? And would that be legal?

[ostell]

Yes you can pay within the 28 days but you are relying on the claimants to inform the court that the claim has been dropped