Court Summons

[buzzard21]

Please can someone help?

 

I have today received a court summons which went to my old address and the 14 days are up today!

 

I have sent it off before the 5pm post, but have no knowledge what my rights are, or what will happen at court

 

* please move this thread if I've put it in wrong section *

[emandcole]

What a crappy day

 

I believe that as long as you've posted it that is deemed to be effectively delivered, you sent it recorded of course?

 

From reading other similar stories I don't think you'll have a problem with the court saying you were late, especially as the claim was sent to an old address.

 

Have you gone to the MCOL and submitted your response there as well? The court forms/claim you were sent will tell you if you can use this service.

 

Go to it here: https://www.moneyclaim.gov.uk/csmco2/frontendcontroler?eForms_pageIndex=23&eForms_formResultId=1941632&eForms_action=DefendantLoginPage_LoginCommand&eForms_formId=405

 

That would get you off the hook for sure as you'd technically have until midnight and the postal submission can be a secondary safeguard, you should find all the details you need to do this on the claim paperwork. If you're defending you'll then have enough time to get your full defence together after gathering info needed to do that etc.

Edited January 20, 2010 by emandcole

[buzzard21]

oh thanks emandcole!

 

(just to clarify, and to avoid any confusion - I am "buzzard10" but logged on at the moment as "buzzard21", we are friends but B21 is not as computer literate as I am,- maybe it wasn't very clever of me to use such similar names :confused:)

 

He is however coming round to my house in an hour with all his paperwork so we can get a better picture then. I want to check if there were any default notices sent etc. He sent court stuff off today before I could offer any help, because he panicked. I'm not sure yet if he's used the MCOL.

[emandcole]

Ah,

I'll try and keep on top of that !

 

Yep, bung it all on, sure we can sort something out between us

 

 

If he didn't send his submission recorded delivery it may be worth his while ringing the court tomorrow to 'chase it up'. Course it won't be there yet but they may make a note of his call to check if it's arrived which should help him with some leeway if the court moans its late.

[buzzard21]

Thanks for your help emandcole. It wasn't due today as B10 said, I do have a few days left so I should have enough time as it went off in today's post. I've not been on the MCOL website.

 

I have only received demands for payment, I don't think I have received a default notice (but still need to have look around to check, it was a bit of a rush today so I may have missed papers).

 

A brief history is that I took delivery of goods early this year, however because my business started to suffer I couldn't make the payment. I did make some payments to reduce the debt, but couldn't make regular payments. I spoke to them a number of times on telephone, and paid bits and bobs intermittently, but haven't for the last few months. They have threatened me with court action and stat demands, but I simply do not have the money to give them at this time. Tried to explain this on telephone, but it was like banging my head against a brick wall.

 

What I have done, is admit to the debt and offered a token payment (whether I can actually pay it is a different matter, that depends on business picking up) I sent the court papers back along with an income and expenditure list. So just waiting for the response now.

 

Any help is appreciated so I can understand this whole situation better

[emandcole]

Of course, yes check you have all the paperwork. Can I ask, how much is their claim for?

 

Have they threatened/sent statutory demands? Are they likely to pursue a bankruptcy petition?

 

Have they been at all reasonable when you've offered to make payments and get on top of the debt?

 

Do you have a good document trail to evidence what been going on between each party?

 

Is the product under a credit agreement or some kind of stock agreement?

 

Was there any chance or offer (if suitable) to return the goods?

 

How long has the creditor/supplier been waiting for payment?

 

What are the arrears on the default (if you have it) - Get it posted if so

 

Can you scan the POC on the claim form after concealing any personal info on the form?

 

Yeah, I know, lots of questions

 

Although you've sent back an admission we should still pursue all avenues as there may be cracks there which we can open up.

[buzzard21]

Thanks: I will answer in same order as you;

 

It's for £1500.

 

They have threatend a stat demand, not sure if they will pursue or not.

 

They have been reasonable in that they have waited nearly a year for payment, and have accepted that I can only pay in instalments, but whenever speaking to them on telephone it has always been hard to get the point across that I can't afford to pay as much as they want.

 

Yes, I have a good document trail.

 

Not sure if it has a credit agreement, but I have been purchasing from them for the last 15 years, so some kind of agreement must be in place. I don't have any documents to determine what this agreement is though.

 

No, I needed the goods and they have now been used and I do intend to pay for them at some point.

 

The creditor has waited almost of year for full payment, I have made a number of payments to reduce the debt, but they have added charges and interest on to it.

 

I don't have a default notice.

 

I can't scan the POC as I don't have a scanner (will ask buzzard10)

 

thanks for your help

[emandcole]

Hmmm, ok. If you don't have a default notice and they're litigating we have to assume whatever arrangement you have is not subject to a formal credit agreement.

 

I think it's important to determine exactly what sort of arrangement this is in order to understand it and make any progress.

 

How does the purchasing process work? Do you have any kind of credit token in order to obtain goods without offering immediate payment?

 

Is this a personal or business matter?

 

We need to establish what right they are using in order to show that whatever goods you have were not a gift for example. There must be some form of agreement in place in order for them to verify and act upon this alleged lack of re-payment.

 

Can you elaborate for me?

[buzzard21]

Hi, just to update you, through my ignorance on these subjects, I didn't realise that the 'court summons' I was referring to was in fact a ccj.

 

I thought it was merely a letter asking if I agreed that the debt existed and I gave all information to them regarding my income and expenditure.

But I now have a ccj and I didn't even see it coming.

[emandcole]

. How'd that happen? Was it a misunderstanding of the papers you'd been sent from the off or has the claimant secured a summary judgement?

[Huff&Puff]

Were they aware of your new address when the original papers were sent? Because if they were, and sent them to the old address anyway, then you have very good grounds for getting the CCJ set aside.

[buzzard21]

. How'd that happen? Was it a misunderstanding of the papers you'd been sent from the off or has the claimant secured a summary judgement?

 

It just wasn't clear to me that it was for a ccj, they didn't get a summary judgement. I filled out the form and sent it to back the company, so I thought it was just an agrangement between us to pay them back in installments (and in order to keep it out of court), but I was wrong.

 

I'm just looking through paperwork now, to see if they ever had my new address, I think they did, but have continued sending to the old one.

[new-me2010]

Who are the solicitors ?

 

This has the mucky fingerprints of the firm who's initials are B.C. or our good friends Link

[Huff&Puff]

It might be an idea to post up all the paperwork, with your details removed. I also smell skulduggery here

[emandcole]

All seems a bit odd doesn't it? Yes, paperwork please