brewery issued ccj claim

[citizenB]

When/If you do send the CPR letter it goes to the Solicitor mentioned on the claim form.

 

If you are going to defend then you will need to acknowledge the claim online !

[steampowered]

Hi anotherdebt,

 

Unfortunately I think it is pointless to only defend the interest and costs. If you admit liability for the principal amount, they are automatically entitled to add 8% per year interest as this is the statutory rate. They would also automatically be entitled to add certain fixed costs. Generally speaking interest and fixed costs are not discretionary, and are not really something you can contest. The only exception would be if your contract with the brewery contains a lower interest rate, in which case that rate should be charged not 8%.

 

If you want to Defend then I think you need to defend the whole thing. Defending would delay a CCJ, but ultimately would just result in incurring further costs if you do not have any genuine legal basis for contesting the debt. After the CCJ has been granted you can ask the court to set monthly payments, and there will be a small fee for making that application.

 

The Particulars of Claim states that you have not made an acceptable proposal or evidence as to your financial means. It would be sensible to write them a 'without prejudice' letter with your payment proposal. This will need to be supported by a full income and expenditure statement. If you can reach agreement with the other side, the litigation could be settled with a consent order which would avoid a CCJ. You could also try asking them to agree not to charge interest or costs if you agree not to defend the principal amount.

 

If you can't reach agreement with the other side, then instead of filing a Defence you can consider using form N9A. This form is used to admit liability but includes an income & expenditure statement. The court will then set monthly payments if the Claimant does not accept your proposal. There is no court fee if you do it this way.

[anotherdebt]

Thanks steampowered. Yes had already realised that I was probably unable to do anything about the interest, however there is a clause in the lease agreement which mentions 4% interest not 8!

 

With regards to the rest I am not disputing that I owe them some money but was going to get my accountant to check their figures! I also read with interested in citizen b 's letter about the fact that they should have sent me the documents relating to the claim should have been attached. All that I have received is a summary of account from last year to this.

 

Also I have made numerous offers of £10 per month but they have refused because they say it has to be £100 a month which as I work part time now I clearly cannot afford. Admittedly I haven't provided them with income details as all other creditors I have dealt with (and there are plenty!) have accepted payments without the need to do this.

 

I have no problem with getting a ccj as my credit history shot to bits anyway, just don't like the way they don't seem to understand that this won't achieve them any larger payment.

[anotherdebt]

So to clarify again, I can only defend the claim if I don't owe it? Sorry just trying to get straight in my head. Was so looking forward to sending that solicitor citizen's brilliant letter.

[steampowered]

Hi,

 

The purpose of CitizenB's letter is to get a copy the documents mentioned in their Particulars of Claim. The key document is the Lease Agreement. You should already have a copy of this. If you don't then by all means request it.

 

You can certainly Defend the claim and put them to proof that they have a claim. But if you agree you owe the debt I am not sure where that takes you. If you force them to push the case through the court system based on a spurious Defence you will end up being liable for the allocation fee (40quid) and hearing fee (I believe 240quid for a claim of this size). You will have to pay another fee if you need to need to apply to court for monthly payments after judgment has been issued (there is no fee if you do it at this stage).

 

If you are not sure whether they are claiming the correct amount, you can file a Defence which puts them to proof of the amount claimed. Realistically this is a very weak Defence and you should try to verify the figures before your deadline is up if at all possible.

 

Instead of Defending the full amount another option would be to file a form N9A admitting the face amount of the debt plus 4% interest, accompanied by a full I&E statement and your proposals for monthly payments, and accompanied by a partial Defence on form N9B along the following lines:

 

"The Claimant's claim for statutory interest under section 69 County Court Act 1984 is denied. Under the Lease Agreement dated x, the Claimant is already entitled to a contractual rate of interest is 4% per annum. Pursuant to section 69 (4) County Courts Act 1984, the Claimant is not entitled to add statutory interest where interest in respect of a debt already runs."

 

If you want to agree monthly payments you need to provide them income details. They don't know what you can afford unless you provide evidence to support your proposal.

[anotherdebt]

Thank you for the advice steampowered

[anotherdebt]

Hi again guys,

 

I am trying to respond to my claim form using mcol website. Have registered last week but is saying the claim number or password is incorrect. Any ideas. All I have on the forms is a barcode with miniscule numbers, a CCMCC then date and then a 8 digit code consisting of letters and numbers. Have made sure I have entered in the exact format as it is written!

[anotherdebt]

The address on the front of the papers is Salford but I have a Northampton seal??

[citizenB]

hang on a second.. I am just looking for a copy of a claim form that I can use to point out where you need to be looking for your information.

 

BRB

 

Here you go - I have pinched the claim form from another thread and identified the reference and password with red arrows..

 

 

[ATTACH=CONFIG]46464[/ATTACH]

 

If you still have problems, then you might have to telephone the court and ask them where the problem is.

Edited September 16, 2013 by citizenB

[anotherdebt]

Thanks, unfortunately they are not filled in the individual boxes, they appear to be using a sticker with the numbers printed on them!! Have tried all combinations.

 

Thanks anyway.

[citizenB]

Sorry, you will have to phone the court and ask for help

 

I have not heard of anything like you are explaining. I have asked someone on the site team if he has any ideas

[AndyOrch]

Hi

 

I take it you have registered to use the MCOL service....https://www.gov.uk/government-gateway ?

 

Regards

 

Andy

[Ganymede]

Sorry, you will have to phone the court and ask for help

 

I have not heard of anything like you are explaining. I have asked someone on the site team if he has any ideas

 

 

 

The claim has not been issued via MCOL.

 

It has been issued via the CCMCC in Salford hence why he can't log on.

[AndyOrch]

That solves that problem then...you must return your responses by snail mail to Salford anotherdebt.

[citizenB]

That solves that problem then...you must return your responses by snail mail to Salford anotherdebt.

 

It will be in your interest to mail it by Recorded Delivery at the very least and keep the receipt somewhere safe.

[Ganymede]

It will be in your interest to mail it by Recorded Delivery at the very least and keep the receipt somewhere safe.

 

 

 

If you don't need to pay a fee then you can file the documents by scanning them in and e-mailing to [email protected].

[anotherdebt]

Thanks to everyone for your advice.

 

Have posted special delivery today. Now just waiting for response

[Mike_hawk]

Thanks to everyone for your advice.

 

Have posted special delivery today. Now just waiting for response

 

 

Following link may assist https://www.hmcourts-service.gov.uk/HMCSCourtFinder/SearchLinked.do?court_name=Northampton%20CCMCC

 

CCMCC/Salford tends to be used for cases with impending limitation [claim can be sealed at local cc and forwarded] or for those that rely on paper/hard copy filing.

 

MCOL for electronic money claims & its beloved account holders, and the old fashioned cc for anything containing non money....specific performance etc etc

 

There are the odd few exceptions but the above pretty much covers the bulk of cases filed.