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Moneyboat / Court - Urgent advice needed (reposted in concluded cases)

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  • Moneyboat / Court - Urgent advice needed (reposted in concluded cases)

    Hi all,

    I am after some advice please. Last year I stupidly took a payday loan and defaulted against it, I made the claimant aware of the change in circumstance and looked to get something agreed. They were and always have been quite obstructive.

    In January this year I received a court document at home, I responded via the Money Claim Online site (MC) and offered a proposal and part admission. On the MC site I noticed my address differed to my current address so advised them of the following in my response;

    Claimant has not responded fully to complaint and disappointed at
    action taken.

    N9 form sent back to claimant with offer of monthly payment.

    Also address on this website is ***, this is my old
    address but unable to amend?


    I was offered mediation which I accepted In June of this year however we failed to reach an amicable solution. Fast forward to this week when I received an email from the claimant saying Birmingham County Court had order me to pay £1500 by the 26th November.

    I requested some further information and none was forthcoming, I was simply told to contact the court. On Tuesday and Wednesday I spoke with the court who advised that there was a hearing on the 26th October and neither I nor the claimant attended. As I had partly admitted the claim I was told to pay the above sum. Unfortunately the documents in relation to the hearing and the result were sent to the address that I haven’t lived at in over 3 years and I had told them was incorrect, see above.

    I have now on a number of occasions expressed to the claimant I simply don’t have that money lying around and would they consider an agreement – at this point ill point out we had one in place and payment was made in September as promised. They have shut this right down and said unless the court states otherwise I need to pay the amount outstanding or further action will be taken.

    My options as far as I can see are a variation agreement to the court, given the payment deadline is next week I assume this would not be processed in time and a CCJ would be awarded. What further options does the claimant then have to pursue this? Can they escalate and send bailiffs? Are there any other options I could take?
    Tags: None

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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.




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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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