CCJ - 14 days?

[sksksksksk]

Hi, we have a blue CCJ form dated 30/7/10 which we just can't pay for yet as we are awaiting funds.

 

Is there a way I can stop/delay the CCJ from being issued against our company? We should have the funds to pay for this within 2/3 weeks.

 

Is it just a case of speaking really nicely to the supplier? or filling in N9A form?

 

Many thanks

[loobyloo85]

Usually you would only get 14 days in which to respond to the claim. I would suggest completing the claim form as normal, but just offer a very minimal token payment of around £1-5. You can then always attach a letter explaining you will be able to pay more of a payment within 2-3 weeks. This way, you are keeping them sweet making a payment, to keep further legal action at bay.

[sksksksksk]

OK.

Does this just hold off the CCJ being issued then?

 

Sorry, it's all new to me and trying to not get any CCJ's against the company as we are trying to get a loan from the bank to aid in our current cashflow.

 

Thanks for your help

[sksksksksk]

OK, have been reading up on it and it looks like the best way is to file an acknowledgement of service.

 

This way it will give me a bit longer to get the money in and pay off. Is this what you mean by "completing the claim form as normal?"

 

If I did the minimal token payment (Debt is £9k) there is a chance they will still issue CCJ against the debt. Is my thinking correct?

 

Many thanks

[loobyloo85]

Hi

 

I mean to aknowledge the debt, complete the income and expenditure/debt section of the blue form, and offer a token payment where is states offer of payment of whatever you feel you can afford at the moment. Sign, date and then return to the court/solicitors. Aknowledging the debt, and paying them something will keep them at bay for a good while. There is still a chance they can come back and state that they do not want to accept the payment, but in the meantime, you would have got your money together to make a more substantial payment. If you ignored, didnt complete the claim form now, within the 14 days, they would probably go straight for further legal action which obviously is not wanted.

[IdaInFife]

need to double check but up here if a decree (CCJ) is granted and if you then pay that within 28 days then the decree (CCJ) is not logged (as though it never happened).

 

This may help you

[IdaInFife]

just to clarify my above post - it is the same in England

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?267299-Limitation-on-CCJ-s-A-few-Facts-to-Clarify

[sksksksksk]

Thanks for your help guys, really appreciate it - especially quick responses as I need to do something about it today/tomorrow at the latest.

 

I did come across this which worried me in case I admit the debt and they issue ccj anyway (From http://www.hmcourts-service.org.uk)....

Where the defendant admits all the claim asking for time to pay, he should notify you direct and should usually do this using the form (N9A) served on him with your claim.

You must decide whether you are willing to accept the terms of the defendant's admission. If the defendant's offer is acceptable to you, you may request judgment by admission through Money Claim Online by selecting the Judgment Start option.

I understand that I can get it removed once paid within 28 days but the bank are currently looking at giving us an increased overdraft limit and therefore if ccj issued has completly scuppered us.

 

Therefore I still think the only way of delaying is to hit "acknowledgement of service" thus giving me until 28/8/10 to decide what to do.

 

Many thanks

[letsdothis]

Sorry to be the bearer of bad news, if you are a company, installments would not be allowed. ie You offering to pay them at x amount per month, unless they agree to it. The court would not as it is not a personal debt.

 

If you get a CCJ and can pay it off within the 28 days, then you can get a certificate of satisfaction and it would also be removed from your credit file. Be careful though, as some creditors would send in a HCEO within a few days of obtaining a CCJ against you.

 

If you know you can pay the debt in full within a couple of weeks, speak to the company and ask them to hold off taking any further action subject to the payment being made on x date. Some companies would do this others may not.

[loobyloo85]

Yes, I agree - best to speak with the company or solicitor, and explain your situation and explain you will be able to make a substantial payment within the next 2-3 weeks and see what they say and if they are willing to accept a smaller payment in the meantime.