Will I get a CCG

[BarnieGirl]

Hello. Quick question I think

if I have recieved a Ccj court notice and I decide to admit and pay the amount. Will a Ccj still be registered if I pay now in full?

[ostell]

If you pay before the hea4ring then you shouldn't get a CCJ marked against you. Even if the court finds against you then paying within a month means that a CCJ will not be recorded against you.

[BarnieGirl]

Thank you. Do I have to say I'm guilty to pay it at the summons stage. I dint agree with it. But I'm just in the middle of remortgaging so I just need it to go ASAP. Lol. So I will pay.. But I wonder if there is a way to register my disappointment with it.

I also can't see a way to make a settlement offer on the Ccj so I'm guessing I have to pay all of it... Or fight it.?

Thank you so much for your help.

[ostell]

You are not guilty, this is a civil matter.

I presume that this is a civil case for money allegedly owed.

The only way to say you disagree is to say you don't owe the money and fight it in court.

What state is it at? You've received a claim form? you are half way through the process?

Similar what stage is your mortgage. nearly there or nearly complete?

The reason I am asking is that the case has to be heard in court before there is a CCJ issued. There is somewhat of a delay at the moment before cases are actually heard.

If you say you don't agree with the debt then if you have not got your mortgage settled then you can agree to pay right up to on the steps of the court, several months away. If you have your mortgage by then then you can fight it.

Even if you fight it at court and you lose and have to pay then no CCJ is recorded against you if you pay within a month of the judgement.

[BarnieGirl]

Thank you. That's do helpful..

It's Lowel. I believed the matter from 2012 was statute barred.

I acknowledged the court papers and asked for the extra 14 days. Sent the letters to Lowel and Lowell solicitors. They have now said it is not stature barred as I made a payment in Aug 2016. I'm not sure that's true. Or how to check that.

Hmmm but maybe I will play for time. Your help has been really useful. Thanks

[ostell]

The old unaccountable ghost payment trick?

You write to them an demand that they provide full details of the alleged payment. Ie amount, how paid, where from, person paying, If allegedly a cheque the cheque number and full account details, if bank transfer then details of the paying bank. Also a copy of the alleged account at that time

So you have yet to send in your defence? A CPR 31.14 request to them requesting all the information above, template in the shortcut box on this page. You have the lesser of 28 days from sending the ack or 33 days from the issue date of the claim form to get your defence to the court

If you don't get the information you say so in your defence.

[BarnieGirl]

Yes. I think it might be. I didn't know it was called that. This matter was last in my opinion acknowledged by me in November 2012.

When I requested they wrote to me and said it is not stature barred you paid 10 pounds in August 2016.. Meaning it's not statute barred.. I don't believe this is true.

Why would I suddenly go out and pay 10 quid towards something from 2012 randomly.

I didn't know it had a name.

[ostell]

You're not the first they've tried that on. The £10 goes onto the account and is then removed sometime later. The payment has to be from you. Get writing. Hopefully someone more experienced in these matters will join in

[ostell]

So in addition send a CCA request and a SAR to Lowell's. The CCA will cost you £1. If they can't find the agreement they can continue.

Celestine

[Celestine]

Great advice from ostell - get those CCA and SAR requests in. Don't suppose you ever did a SAR in the past? Just wondered if the £10 was a SAR fee, but even so it should never be 'credited' to debt.
Can you access your bank statements for that period in 2017 when they allege you randomly made a £10 payment?