Court action twice for same debt

[andie_303]

Hi there

 

I have a question for a colleague of mine.

 

They were served court papers earlier this year for an amount of just shy £7,000. They had been paying in instalments to clear this debt and the company jumped the gun in issuing papers. Once contacted they agreed that as it was being paid they would settle the claim and not to worry just keep paying.

 

He heard nothing further until he missed a payment - he restarted the following payment (but is in effect still one payment behind) and now the company have again sent court papers for the full amount outstanding (now just shy of £4k)

 

My question is as the original claim was marked as settled can they reissue another claim? It's obviously for a different amount but is made up of things from the previous claim.

 

I have double checked and they are not enforcing any old order it's definitely a new claim and the old definitely marked as settled.

[citizenB]

I will move your thread to the Legal Issues forums, where those with more knowledge will see it Probably later on today as most of them have day jobs.

 

Can you let us know the date of issue of the claim form - you will find this at the top right hand corner of the claim form.

[dx100uk]

and name names please

 

dx

[andie_303]

Initial court action was filed by Thomas Higgins and issue date of 8th March 2013 new court action is by the same Thomas Higgins and has an issue date of 12th June 2013

[citizenB]

Thomas Higgins will be the Solicitor, who is the Claimant ?

[citizenB]

Ok, well there is a timeline that needs to be adhered to.

 

Issue date 12th June + 5 days for service = 17 June + 14 days to acknowledge = 1st July + 14 days to submit defence = 15 July.

[andie_303]

Thomas Higgins will be the Solicitor, who is the Claimant ?

 

I'm unsure about this will find out

[andie_303]

Ok, well there is a timeline that needs to be adhered to.

 

Issue date 12th June + 5 days for service = 17 June + 14 days to acknowledge = 1st July + 14 days to submit defence = 15 July.

 

can the defence be that this has already been "settled"? Just not sure how it works

[citizenB]

I am not quite sure what you mean by "settled".

 

Was the original claim discontinued ? Had a defence already been submitted to the court ?

 

If they are bringing a similar claim, then it is my understanding they cant do that. We really need more information.

[steampowered]

Hi andie_303,

 

There is actually no such thing as a claim being marked "settled". The claim can either be discontinued by the claimant, dismissed by the court, or it can be "stayed" which means put on hold.

 

Where the two sides reach agreement on repayment, it is common to enter into a "Tomlin Order" which basically approves a settlement agreed between the parties and provides that the claim has been put on hold ... however either party can bring the claim back to life if the settlement terms are not complied with.

 

Whether the company is entitled to bring a fresh for the full amount because he missed a single payment will depend on the terms of the settlement order. There will be a formal court document setting out what happened to the claim, we need to know what that document says to be able to advise further.

[citizenB]

This is my understanding of the situation.

 

A claim was issued at the beginning of the year, as there was an instalment plan in place then the claim was discontinued. I am not sure there is anything that deals with "settled" !

 

If your friend had not submitted a defence, then I would think that a new claim could be issued.

 

It is a proper claim that has been issued, is it ? With a court stamp ?

 

We really need to know - what is the debt for - who is the claimant. I am sure that Thomas Higgins is a Solicitor and would not be able to bring a claim in their own name.

 

If only one payment has been missed, then I am absolutely astonished that they have issued a claim. The more information you can provide the better we will be able to advise.

[citizenB]

I will leave you in the hands of steampowered who is far more knowledgeable than I am.

 

[andie_303]

Hi andie_303,

 

There is actually no such thing as a claim being marked "settled". The claim can either be discontinued by the claimant, dismissed by the court, or it can be "stayed" which means put on hold.

 

Where the two sides reach agreement on repayment, it is common to enter into a "Tomlin Order" which basically approves a settlement agreed between the parties and provides that the claim has been put on hold ... however either party can bring the claim back to life if the settlement terms are not complied with.

 

Whether the company is entitled to bring a fresh for the full amount because he missed a single payment will depend on the terms of the settlement order. There will be a formal court document setting out what happened to the claim, we need to know what that document says to be able to advise further.

 

Hi there,

 

thank you for your help sorry I was just using the terminology in a letter so I may be confused - they have written "we will discontinue which will settle the action" - this is where I have picked up the term settle.

 

There was no settlement order nor do I believe a defence was filed - I believe the discontinuance happened within the time period for the defence to be filed.

 

sorry if i'm not being much help but hopefully this clarifies things a little

[andie_303]

Having done some internet exploring it seems that as they discontinued before he filed a defence they are entitled to claim again - he is paying it off at quite a speedy rate (over 1K a month) but is worried about the CCJ - and they have indicated they will not discontinue a 2nd time.

 

If I'm correct in thinking (which probably isn't) if he acknowledges and makes a payment plan he would still have a CCJ?

 

What if he we to say he would defend and pay it off before a court date happens? Could he then ask the company to discontinue again?

 

It's not the paying of the debt he is disputing as he is paying it but doesn't obviously want a CCJ.

 

Thanks again all x

[AndyOrch]

Propose a Tomlin Order or submit a defence..Im sure the court would be unimpressed with the claimant for issuing a summons on one months missed payment. By the time trial comes to fruition he will have paid it at the rate you describe.

 

Regards

 

Andy

[andie_303]

Propose a Tomlin Order or submit a defence..Im sure the court would be unimpressed with the claimant for issuing a summons on one months missed payment. By the time trial comes to fruition he will have paid it at the rate you describe.

 

Regards

 

Andy

 

thanks Andy, I've looked up a Tomlin Order and as he is paying that seems a good idea - can i just double check will a Tomlin Order avoid a CCJ as long as he sticks to the order?

[AndyOrch]

Yes