Stuck in a debt mess - what are my options?

[Z_2014]

Hi all,

 

I'm stuck in a mess and would hugely appreciate advice on the following. I posted this on UK Business Forums and was kindly referred here.

 

Some time last year, I ended up in debt to a media publication company of roughly £350. I couldn't pay it off on the due date, so I agreed a payment plan with them of £40 a month - this was done verbally.

 

A couple of months later, my bank stopped the standing order for some reason - immediately the company took the legal route and sent me a court claim form, instead of contacting me about the issue. I rang them, was told to complete the form - so I filled this in, stating that I wished to settle a monthly payment plan.

 

A few weeks later, they claimed they never received it and sent me a 'Judgement for Claimant' letter, which states that I must pay the remaining amount in full plus costs, or they will take legal action against me. Also, this will be recorded in a public register and affect my credit.

 

Three things wrong here:

1) They never contacted me about the standing order problem before issuing me a claim form

2) I did return the completed claim form - I didn't send it via Recorded Delivery but I took a picture of the completed forms beforehand.

3) They dated the 'Judgement for Claimant' letter roughly 8 days before they actually sent it, which shaves off a whole week of my time.

 

The letter states that: "If you did reply to the claim form and believe judgement has been entered wrongly in default,you may apply to the court office giving your reasons why the judgement should be set aside. An application form is available for you to use and you will need to pay a fee. A hearing may be arranged and you will be told when and where it will take place."

 

It does not tell me where this application form can be obtained.

 

This is frustrating, and needless to say, I also find it outrageous that I am expected to pay time AND money for the media company's lies. They have now added £100 charge to the original amount.

[rebel11]

Hi Z_2014

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Z_2014]

Thank you for the welcome!

[Andyorch]

Hi z

 

Okay lets just confirm a few points ..the only form you return to the claimant when you have received a court claim is the admittance form N9a...this automatically gives the claimant judgment...did you acknowledge service ?

 

Here is the N244 to set a side...but dont complete it yet until we have clarified procedure.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

Regards

 

Andy

[Z_2014]

Hi Andy,

 

Yes I filled in and sent off the N9A form, however they claim they did not receive it and proceeded to send me the 'Judgement for Claimant' form.

[Andyorch]

They did receive it that's why you now have a CCJ...the N9A is an admittance form and gives the claimant green light to proceed to judgment.

[Z_2014]

Ah I must have misunderstood. On the N9A, I asked to settle a monthly payment plan but the CCJ asks for full payment?

[Andyorch]

Its not a payment plan ...there is no such thing once a claim is issued...its either defend all or admit.

[Z_2014]

So what are my options, do I have any?

[Andyorch]

Look at the copy of your General Order (the Judgment ) does it state default judgment? Payment forthwith?

[Ganymede]

Ah I must have misunderstood. On the N9A, I asked to settle a monthly payment plan but the CCJ asks for full payment?

 

 

 

 

 

An application costs £155.00 so as you have formally admitted to the debt anyway I would save my if I were you.

 

The only way to avoid a CCJ is to defend in full. Any form of admittance, either in part or in full, will automatically give a CCJ against you.

 

Pay the CCJ in full within 28 days of the date of the Order and you can apply to have it disappear like it never even existed.

[Z_2014]

The General Order states payment forthwith.

 

@Ganymede: I'm currently not in a position to pay it off in full, hence looking for other options.

[Andyorch]

You can make application using the N245 to vary the forthwith to monthly..the fee is £50...the form(N245) is in the legal library.

 

Regards

 

Andy

[Z_2014]

Thanks!

 

I believe the link provided on the N245 page points to the wrong form (N265). I found the correct form by searching the hmctsformfinder website. Please kindly correct this for others' use.

Edited April 30, 2014 by Z_2014

[Andyorch]

The title was wrong I have edited it...the N245 was further down the list (8th)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order