Help with Mackenzie Hall Court Forms issued

[Inzi92]

So do think it would be best to try & sort an arrangement with mac hall directly if they will withdraw from court?

[MandM]

It's always best to avoid court IF an agreement can be reached and IF/ONCE you are happy with the figures. Or costs may increase.

 

However, so as not tio let them win by default you must adhere to the dates (service + 14 days to acknowledge, + 14 days to submit defence).

 

But you can continue on both paths (defending in full but with a view to negotiating a settlement before court). During the process you should be able to establish the right figures.

 

The DN - you said you may have received this by e-mail. Do you have a copy?

[unclebulgaria67]

So do think it would be best to try & sort an arrangement with mac hall directly if they will withdraw from court?

 

If I were in your position, I would ask for a breakdown calculation and statement confirming the amount being claimed. If it is shown to be correct, then I would try to negotiate a repayment arrangement, provided they withdrew the court claim. If they did not withdraw the claim, then if I could not pay the full amount within 30 days of any CCJ, then I would request to pay by instalments.

 

This is a fairly recent debt that you have, with the loan being taken out after April 2007. Therefore it would be fairly difficult to defend. They would pretty much just have to evidence the debt being owed by you and they would gain judgement. At some point you will have to make payments. In my eyes it a case of whether you try to avoid the CCJ by negotiating repayment/withdrawal of court claim or accept getting a CCJ, with payment made by instalments.

[Inzi92]

Right I've spoken to them are they are willing to let me pay over 4 months but no longer. I asked if this would mean they would stop court proceedings and he said yes, it would be put on hold & then if the balance was cleared in the 4 months it would be marked as settled on credit file. At this moment in time I can't quite see how I can physically afford this but I'm going to try & get some help to avoid the ccj. What do you think? Thank you in advance

[renegadeimp]

Do NOT agree to anything until you get proof fromt he courts that the court action has stopped. MH are well known for saying one thing, then letting the claim go through so they get default judgement. This means that you have no way to get a set aside and they then ask for enforcement orders. It's easy money for them.

[unclebulgaria67]

Do NOT agree to anything until you get proof fromt he courts that the court action has stopped. MH are well known for saying one thing, then letting the claim go through so they get default judgement. This means that you have no way to get a set aside and they then ask for enforcement orders. It's easy money for them.

 

Agree. Get it in writing from Mac Hall first. If 4 months would be a struggle, then ask Mac Hall for a longer period. Make sure MH also confirm that that the court claim will be stopped.

 

Think about how paying MH will affect any other financial commitments that you have. You don't want to agree to something which ends up causing you more difficulty, than having one CCJ which are then repay by instalments.

[renegadeimp]

Also make sure you respond to the claim form otherwise they will get a dedault judgement that way.

[Inzi92]

Ive spoke to MH again and they have said if I pay over 4 months no further action will be taken, however the payments they are asking for still include solicitor fees and court fee? Is this correct? They said that they give 120 days for payment not 30 as it is in there best interest to stop any further action also? Although I feel they are telling me what I want to hear I am still dubious!? They said as soon as I have made first payment they will send me an arrangement agreement however I would like this before I make payment. I have to make the first payment before end of April which isn't a problem, however I was then told If i didn't the arrangement would be in default!?

[unclebulgaria67]

Make a first payment and then see whether they deliver on what they have said.

 

The Solicitors fee is only relevant to the preparation of the court claim. Yes you would have to pay a reasonable amount for this and the court claim fee.

 

If you don't want to accept what MH are offering, then accept the CCJ and ask to pay by instalments.

[renegadeimp]

Have you recieved court forms? If so, treat it as if the claim is still going ahead. Do NOT believe mucky hall. Contact the courts for updates. Mh will lie through their teeth to get a default judgement, which is exactly what is happening here.

[Inzi92]

Ok so do I make first installment and then still follow up through court?

[unclebulgaria67]

Ok so do I make first installment and then still follow up through court?

 

Yes make the first instalment, but still ackowledge the claim form, otherwise they will get a default CCJ, as the court will do that automatically. You can acknowledge the court claim online and enter that you will defend in full, as debt is being negotiated with MH to avoid wasting the courts time.

[renegadeimp]

Yep. You need to make sure you abide by the rules for the claim form. DOnt let MH trick you into not filling it in. You will also need to file a full defense to force MH's hand.

[Inzi92]

File a full defence? I appreciate your help with this. Made first payment today for the amount that was requested. Still not received email outlining arrangement however I will chase this up. They did tell me I didn't need to do anything with forms, however I am taking your advice and submit these tomorrow. If I register online I do not need to submit by post is this correct? Is there anything I should include when doing this? If I carry this out will this still avoid a ccj? Who controls this, is it the court or MH? Thanks again

[citizenB]

Yes, you can submit your defence online have you acknowledged service online already ?

 

What was the date of issue of the claim form - top right hand corner of the claim form .

 

You have a timeline..

 

Date of Issue + 5 for service + 14 days to acknowledge service + 14 days extra if you are going to submit a defence (33) days from date of issue to submission of defence.

[renegadeimp]

They did tell me I didn't need to do anything with forms

 

Told you they were misleading you and hoping to get a default judgement. That statement 100% guarantees it.

[Inzi92]

I agree! Issued on 19th April. So what happens next?

[renegadeimp]

Just make sure you follow the court time limits. Ignore MH. Keep making payments as they say, but make 100% sure you still follow through filling in the court papers. We can help you with a defense as they are clearly trying to use the courts as a debt collection tool and make a mockery out of the legal system.

 

Get the acknowledgement in, and we can advise on the next steps.

[Inzi92]

Thank you for your help This will be done first thing in the morning. Do you still think it is possible for me to avoid a ccj? Is the defence in writing or will I need to appear in person?

[renegadeimp]

There are many ways around a CCJ. With a carefully worded defence, you may even get this case thrown out completely. It's rare, but it can and does happen.

[Inzi92]

Right I have now responded. I also contacted the solicitors who the forms that are sent by to make an enquiry to whether they had informed them of an arrangement being set up. I explained they had told me I didnt need to do anything with the forms and he strongly advised against this and said it would gain a default judgement. I asked why I had been told this and he said I cant comment on that, maybe due to lack of legal knowledge!! Its an absolute joke! Whats would you suggest to do next?

[AndyOrch]

Unless you are informed in writing that the arrangement has been accepted and that the claimant has issued a notice of discontinuance then the claim is still live.You must submit a defence...be it a holding defence or a particularised defence...that will pause the process.They can either respond to the defence (within 28 days) or let the claim stay.If they fail to respond then the claim stays only if they respond will an AQ be released which is the next stage of the process and which then allocates the case to your local county court.

 

Hope that clarifies your position.

 

Regards

 

Andy

[citizenB]

I agree! Issued on 19th April. So what happens next?

 

 

In which case you need to have acknowledge the claim, online by Wednesday, 8th of May and submit a defence by 22 May

[Inzi92]

Ive spoken with MH again and they have provided me with arrangement in writing. They have said that as long as the balance is paid in 120 days no further action will be taken. They have said I don't need to submit forms as the would have to instruct their solicitors to move forward with the case, and as long as the arrangement doesnt default in the 120 days this wont happen? The forms are sent from their solicitors and also asks for them to be returned to them too? Surely this wouldnt be the case? The court address is Northampton and he assures me this is for bulk processing address?!? I really am confused with all of this? Can anyone help?

[sillygirl1]

I would ignore any advice given to you by MH, they are known to be economical with the proverbial, submit the forms and they will have to pay an allocation fee, which they will not like doing - and the case may be overturned with costs awarded to you.

 

I would submit what I call a 'simple defence', just stating the facts to date and putting in the correspondence trail, and state that you reserve the right to amend the defence should it be necessary to do so.