old 02 debt - claim form from Nelson's Solicitors and Moorcroft - help

[MelDo]

Hi,

 

I am in receipt of a County Court Claim for £343.33 issued on 18th June this year.

 

I want to know if I agree the amount and ask for time to pay will I definitely get a CCJ registered against me?

 

I want to pay it off but can;t afford to do it until I am paid in July which will be outside the 14 day "grace" period the court gives me.

 

Any advice?

 

Thanks Mel

[Guest]

yes, you will have a ccj then if it proceeds to judgment. is there any possibility of negotiating, eg with a 'stay' if required, re a settlement or payments prior? or defending?

but, if there is a ccj and it is paid in full within 28 days of the judgment then it wont appear on the ccj register.

Edited June 22, 2013 by Ford

[BankFodder]

Assuming that you can definitely pay it , if you put in an acknowledgement, then that that will get you can additional 14 days grace to about 16th July. At the same time reduce the debt by sending them a payment on account. Then return the form of admission by which time it will be nearly your pay day - and then pay the reduced balance - including any claims fees etc.

Don't slip up or else you will get an entry on your credit file which will last for 6 years and have very serious consequences for you. I expect that this debt is already on your credit file anyway.

[dx100uk]

o2 doing court..you sure!

 

is this an old debt a dca has got hold of?

 

dx

[MelDo]

o2 doing court..you sure!

 

is this an old debt a dca has got hold of?

 

dx

Yes this is through Nelson's Solicitors and Moorcroft

[MelDo]

At what point does a claim become a CCJ?

 

One of the replies suggests that I will have 28 days to pay the amount AFTER the CCJ becomes active in order to have the CCJ removed.

 

I might not understand this fully but does thalt mean it will become a CCJ in 14 days (so 7th July) and then I'd have another 28 days to pay it and have the judgment removed?

[dx100uk]

yes if you satisfy the ccj.

 

however

 

how old is this debt?

 

is it on your cra file?

 

was the claim form send to your address or an old one?

 

idelly even if you think you owe this you should select to defend all

 

rarely are these old debts the full ticket, they are often 'spoof' termination fees or contract rollover fees

that can be contested

 

tell us more please

 

dx

[MelDo]

Hi

it is sadly a genuine debt - though compounded significantly by charges and fees.

 

Yes it is on my CRA file.

 

02 have closed the mobile phone account that the debt is from and Moorcroft have picked it up. Nelsons (I assume) have submitted to the court and bumped in their fee too.

 

I just want to know the best and most secure way of delaying payment until the 31st July so I can AND avoid a CCJ.

 

It would seem that acknowledging the debt and then later admitting it is the best way?

 

Open to suggestions!

 

Thanks

[dx100uk]

significantly by charges and fees

 

then that makes the debt suspect

 

what authority have they to add any penalty fees, prob none

 

if o2 cold have gone to court

they would have

they know its dodgy, that's why they sold it on

 

most of these mobile debts, if they get to court

and you challenge ALL on the MCOL [donr partially admit the debt, you'll get a CCJ by default that way]

 

typically they hope you will not defend the claim

then they get a CCj by default [un contested]

easy money to them.

 

once defend yo have time to gather the evidence

then they start to wriggle and poss drop the case

 

you need to get all the info

like statements from everyone that's had their fingers in it

 

and find out.

 

dx

[MelDo]

Thanks for this advice.

 

Do I send back the acknowledgment or the defence or both?

 

Will this automatically delay the ccj for 14 days? The acknowledgment seems to suggest it would give a further 28 days??!?!?!?!?

[dx100uk]

do it online with the MCOL username and password

 

defend all

 

dx

[MelDo]

I've filed a defence online.

 

I asked for time to gather all the correspondence re. the claim.

 

Will this work?

[Guest]

don't know, what was your defence? what's your aim?

as was posted above #3, at this stage all you had to do was acknowledge service, would've then got the additional 14 days ie deadline for defence submission would then have been 33 days from date of issue of claim form. as you have now submitted a defence, time now runs from that. court will notify them of your defence, they then have 28 days to respond to either continue or not, or they could make an application. if they don't do anything then it will be stayed. if you are going to pay, then hopefully they won't do anything adverse before 31/7? but, if you're going to pay on 31/7 then you could be ok re timeline?

if you are defending, then could've asked them for document details of their particulars of claim? still can. what are their particulars of claim?

Edited June 28, 2013 by Ford