Jump to content


catscratch

County Court Judgement - Challenge or Not

style="text-align:center;"> Please note that this topic has not had any new posts for the last 592 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

Looking for a some advice regarding the following situation, i've bullet pointed to make it easier to read:

 

 

  • I recieved a claim form from County Court Business Centre, Northampton with an issue date 6th April 2018 and claimant was Shoosmiths LLP, amount being £657.02
  • Claims form stated day of service is taken as 5 days after issue date which would be 11th April and giving 14 days from then to respond (25th April).
  • I agreed to debt and completed form N9A (admission form) and returned to Shoosmiths (as the County Court Form advised) with my offer of payment.
  • I sent this form to them on 21st April first class and obtained proof of posting.
  • On Saturday i recieved a Judgement for Claimant form dated 26th April.
  • I contacted Shoosmiths who said they did not recieve my N9A form until 26th April and as such judgement was correct (it appears they are willing to accept offer of payment though).
  • Spoke with Court and nice lady there did agree that she was surprised they are saying they did not recieve form until 26th April as it was sent first class but there was little to be done other that dispute judgement.
  • This will cost £250 with no G'tee of success.

So questions:

 

  1. Is it worth disputing for £250 and if i win can i claim that £250 back?
  2. Should i just role with judgement, contact Shoosmiths with offers of payment and then once paid get a certificate of satisfaction from court after that date?

Look forward to thoughts on this.

Share this post


Link to post
Share on other sites

Thread moved to Financial Legal Issues..please continue to post here.

 

If you submitted the N9a Admission...its irrelevant when they got it..the claimant can request judgment.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Andy,

 

My issue is that the court form clearly states send to the claimant if you asking for time to pay within fourteen days and not to court as entering an admission may result in judgement against you. The way i read it is that by doing this, if they agreed to repayments then a judgement would not be entered.

Share this post


Link to post
Share on other sites

No the only way to avoid a judgment is to either defend in full or pay it all in one payment before the date specified on the Notice of Judgment.

 

You dont get time to pay on a claim form.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Yes a payment plan agreed with the claimant...but you still get a CCJ.

 

What would be the point of issuing claim forms if we can all opt for a payment plan and avoid a judgment ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Andy,

 

I can see your point, i suppose its just the comment " Do not send to court. Entering an admission may result in a judgement against you" - It seems to imply that sending to claimant would defer that, otherwise why not send admission and offer of payment back to the court?

 

Appreciate you have better knowledge over this than me but does strike me as a little bit misleading.

Share this post


Link to post
Share on other sites

Quite......can be confusing......but take solace your not the first and wont be the last :wink:

 

Thats why its essential to engage with forums such as CAG that can advise and give you our experience.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...