Hi Guys;

Last week, i received a Claim Form from Northampton County Court. Issue date is 5 Jan!!

So because 14 days already passed, i logged in and filled out the Acknowledgment of Service from to extend it for another 14 days.

However, i dont know what i need to do now! In October, i sent them an email making an offer of payment and i had not received no reply from them!

Im not running away, i want to pay the debt. But i need to pay it in instalments and avoid getting CCJ.

Can anyone please please suggest me what to do!

Many Thanks...

Can anyone please help me on this matter? What do i need to do next? They didnt get back to me for the offer i made 3 months ago and now Claim Form arrived!

If i call them straight away and make an offer on phone, is there a chance they will accept it and cancel the claim?

Or if that doesnt work, what should i do?

Any help will be appreciated.

Many Thanks...

can you give us some details of what type of debt when it was taken etc- have you made a s77/79 request for a copy of the agreement?

Thank you for your respond didy. I am sorry i have fallen ill and couldnt get back to you. And now i have even lesser time to take some action!

I am desperate for help.

Particulars of claim on the claim for is as below:

The claimane agreed to lend to the Defendant under a fixed loan agreement dated 21 August 2009 the sum of £150. The defendant agreed to repay the loan off in full or an agreed date to extend the loan paing a further service charge. On 13.09.2009 the defendant failed to repay the Claimant's loan or extend and the Defendant is in default as set out in the terms of agreement. The claimant is also entitled to interest at the rate stated in the terms of the agteement and is payable on the amount outstanding if payment is not made on the repayment scheduled date. The Defendant has failed to make payment back to the claimant in accordance with the terms of the loan agreement. And the claimant claime:.. 1. The amount of £150 loan amoun... 2. Loan charges and interest of £104.88... 3. The Claimant total claim is £254.88.. 4. Costs... Date: 04 January 2011

Any help will be much appreciated. Many Thanks...

what did you offer/what are you offering in payments?

can you not borrow the £250 from someone?

it is a small amount to get a ccj for- if you are otherwise clean

Diddy, thank you very much for your time and effort, i really appreciate it.

Well i can offer £100 now, £100 next month and £50 in April but they havent even returned to my email which i was asking if they could accept an offer.

If i accept the debt and offer a payment, do i still get CCJ registered? I just dont want to get it. I am a student and £250 is a big amount for me and i cant really borrow from anyone as i know it will be very hard to pay them back.

What should i do?

Diddy, thank you very much for your time and effort, i really appreciate it.

 

Well i can offer £100 now, £100 next month and £50 in April but they havent even returned to my email which i was asking if they could accept an offer.

 

If i accept the debt and offer a payment, do i still get CCJ registered? I just dont want to get it. I am a student and £250 is a big amount for me and i cant really borrow from anyone as i know it will be very hard to pay them back.

 

What should i do?

If they get a CCJ against you then you would have to pay it within 28 days in full for it not to appear on your file. Surely you could find some employ that would pay £250 in 4 weeks to clear it?

Other than that you could always submit an embarassed defence and demand to see the agreement.... by time it got to any hearing it would be after April anyway so you could pay them (allegedly) in full anyway, before the hearing.

I can't see anymore costs being awarded on a £250 (small) claim, although your agreement with them might let them charge you more late/arrears fees. They'd would probably have to take you to court again to get them though.

Time would be better spend making some money though LOL!

what offer was made in october?

Diddy, I didnt make an actual offer back in October. I was just asking them if they could accept an offer. I asked them that i could clear the balance in instalments within few months but no response!

Ruprecht,thank you for your respond. It sounds allright to me , if i have to pay the balance within 28 days and receive no ccj. However, is there anything i need to do now? Do i have to send in the defence form? Do i need to defend myself?

And lets say i have not defended myself and court ordered me to pay the balance in full (within 28 days to avoid ccj registration), how long that would take in total together with the 28 days period?

Is there anything i should be doing right now?

Many thanks for your responses...

Diddy, I didnt make an actual offer back in October. I was just asking them if they could accept an offer. I asked them that i could clear the balance in instalments within few months but no response!

 

Ruprecht,thank you for your respond. It sounds allright to me , if i have to pay the balance within 28 days and receive no ccj. However, is there anything i need to do now? Do i have to send in the defence form? Do i need to defend myself?

 

And lets say i have not defended myself and court ordered me to pay the balance in full (within 28 days to avoid ccj registration), how long that would take in total together with the 28 days period?

 

Is there anything i should be doing right now?

 

Many thanks for your responses...

If you do nothing they will almost certainly apply for a "default judgment".

You get 1 month then to pay it when the judgment is issued which is usually within a day or so if they ask for default judgment on moneyclaim.

You then need to get a receipt from the person you paid confirming it was paid within the month and send it with a completed form to the court, with a fee.

This is the leaflet about it:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex320_0406.pdf

If you admit to it you might get the judgment made earlier, so if you are happy to pay it in 28 days you might be best doing nothing.

Make sure you allow time for it to be cleared funds too just in case i.e. cheque clearance.

Diddy, I didnt make an actual offer back in October. I was just asking them if they could accept an offer. I asked them that i could clear the balance in instalments within few months but no response!

 

Ruprecht,thank you for your respond. It sounds allright to me , if i have to pay the balance within 28 days and receive no ccj. However, is there anything i need to do now? Do i have to send in the defence form? Do i need to defend myself?

 

And lets say i have not defended myself and court ordered me to pay the balance in full (within 28 days to avoid ccj registration), how long that would take in total together with the 28 days period?

 

Is there anything i should be doing right now?

 

Many thanks for your responses...

dear sirs,

I am a student, my income is limited and without any admission of liability i am anxious not to have a ccj recorded against me, therefore i am prepared to make the following offer in order to settle the matter out of court with the help of a relative

i can pay £xxxx on £xxxx on and £xxxx on with the funds being provided by a third party

if the matter were t proceed through to a ccj then it is likely that what i could offer from my own pocket would be token payments

I am prepared to enter into a tomlin order if necessary

y F

(you must be sure that you CAN make the payments as stated otherwise they can go straight back to court for a judgement if you fail to comply)