Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Thread: CCJ Claim

  1. #1
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    Default CCJ Claim

    Hi

    I received a CCJ claim from from Northampton CCBC on behalf of Geoffry Leaver Solicitors.

    I emailed GL informing them that due to the nature of my job i undergo security clearance where a financial check is carried out and to receive a CCJ would have a detrimental effect on future clearances and could lead to my dis-missal. I also informed them i would pay the costs incurred from the claim.

    Even after explaining this they didnt seem to care it could result in the loss of my job so i am now wondering what options i am left with?

    Could i include my situation in the claim form detailing i do not dispute the debt but what outcome the CCJ could lead to?

    As it is at the claim stage i cant see why they cant stop it and set up a payment plan its not as if i have already been on with them and failed it.

    Any help will be appreciated.

    James


  2. #2
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    Default Re: CCJ Claim

    Unless you defend the claim, even if you agree a repayment planicon, the sols. are likely to go for a CCJ anyway. The only way you would escape is if you paid in full within 28 days of the CCJ being issued.

    Can you say:
    1. when the claim was issued?
    2. what is it for? eg. credit card, loan, other
    3. have you acknowledged service of the claim to the court?
    4. are you sure the debt cannot be disputed?


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.



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    Default Re: CCJ Claim

    Quote Originally Posted by Jamesx81x View Post
    Hi

    I received a CCJ claim from from Northampton CCBC on behalf of Geoffry Leaver Solicitors.

    I emailed GL informing them that due to the nature of my job i undergo security clearance where a financial check is carried out and to receive a CCJ would have a detrimental effect on future clearances and could lead to my dis-missal. I also informed them i would pay the costs incurred from the claim.

    Even after explaining this they didnt seem to care it could result in the loss of my job so i am now wondering what options i am left with?

    Could i include my situation in the claim form detailing i do not dispute the debt but what outcome the CCJ could lead to?

    As it is at the claim stage i cant see why they cant stop it and set up a payment plan its not as if i have already been on with them and failed it.

    Any help will be appreciated.

    James
    I think it was a mistake for you to reveal this to the claimants. It is simply expose weaknesses and make them even more unlikely to negotiate or to reach any compromise with you.

    That is claim have anything to do with the other matters which are mentioned on other threads?

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  4. #4
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    Default Re: CCJ Claim

    Hi

    No it is a seperate matter to others mentioned. Maybe it was a mistake but i didnt see any other option as the CCJ was coming my way either way. I just wanted to see if they would stop it while they still can afterall how they going to get their money if i dont have a job to pay it?

    The claim was issued 2 days ago, it is for a open university account, i have not made any reference to the court as yet and i dont see their been anyway i can dispute as everything is legit.

    I was wondering if it is possible to appeal to the courts for any other order than a CCJ considering what the outcome may be? Would the courts really not take it into consideration?

    Thanks


  5. #5
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    Default Re: CCJ Claim

    Sorry James, I don't see a way around the CCJ now the claim has been issued. Throwing yourself on the mercy of sols. is like throwing yourself to the lions - they'll just gobble you up.

    However to ease your cash flow you can ask the court if you can repay in instalments if you can't afford to pay the full amount as a lump sum.


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.



  6. #6
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    Default Re: CCJ Claim

    And the courts will happily see someone lose their job in this current climate?


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    Default Re: CCJ Claim

    The courts apply the law not sentimentality.

    If you went down that route it would be an inequitable system of justice where the rich man was responsible in law for his debts but the poor man wasn't. Would you use the same argument if a murder had been committed?!!


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.




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