Lowell PAP letter now claimform - Vanquis card debt

[AndyOrch]

So you need to submit some kind of statement by tomorrow latest..otherwise they could refuse the TO and you would be in breach of the court directions.

[Will Goodfellow]

5 hours ago, puma85 said:

My understanding was that if I loose in court, I get 30 days to pay. If I don't, then I get a CCJ. Otherwise nothing is added to my credit history?

 

That's correct, for any CCJ whether it's forthwith or not, if you pay the judgment amount within 30 days it will not affect your credit report. If for any reason it appears on your report, you can request a certificate of satisfaction and demand that is it removed.

Edited September 1, 2020 by Will Goodfellow

[AndyOrch]

Forthwith means what its states...with immediate effect...as execution of a forthwith judgment can commence immediately...not within 30 days. 

[puma85]

25 minutes ago, Andyorch said:

Forthwith means what its states...with immediate effect...as execution of a forthwith judgment can commence immediately...not within 30 days. 

 

Thanks for clarifying this Andy. I'd previously been advised it was always 30 days. 

 

Reply from Lowell Solicitors;

[Will Goodfellow]

2 hours ago, Andyorch said:

Forthwith means what its states...with immediate effect...as execution of a forthwith judgment can commence immediately...not within 30 days. 

 

I agree but if the CCJ is paid within 30 days, it should not appear on a statutory credit report nor on the Register of Judgments, Orders or Fines. If it does, the debtor has a right to have it removed.

[dx100uk]

no, the judgement is registered by the court on the pubic register immediately. It however takes until the CRA providers update cycle to appear, which can take several weeks.

 

You don't need to pay £15 for a certificate of satisfaction to get it removed if you pay it off in full to the Claimant within the 30days.

 

The claimant then makes the court aware it has been paid and the court removes it from the register.

[patterns]

Just to clarify, whether or not you are given 30 days or it is forthwith, there is still an opportunity once judgement is made, if not in your favour to pay the debt and ensure the CCJ is removed or does not affect your credit file?

 

This was my understanding as Dx100 has stated above, but i think it would be useful for people to know for certain ?

[dx100uk]

you are always given 30 (28) days.

 

[puma85]

The claimant has already replied and sent the signed Tomlin order onto the court. 
 

On 01/09/2020 at 15:45, Andyorch said:

So you need to submit some kind of statement by tomorrow latest..otherwise they could refuse the TO and you would be in breach of the court directions.

Do I still need to submit a witness statement? 
 

tomlinreply.pdf

[dx100uk]

no

[AndyOrch]

47 minutes ago, puma85 said:

The claimant has already replied and sent the signed Tomlin order onto the court. 
 

Do I still need to submit a witness statement? 
 

tomlinreply.pdf 52.27 kB · 3 downloads

 

No but check with your court that the hearing date has been vacated....you will/should receive a court order confirming the Tomlin Order has been lodged and the claim stayed.

[Will Goodfellow]

A judgment is only registered on the Register of Judgments, Orders and Fines immediately where it's a default judgment. Otherwise, time taken to register depends on various factors;

 

"It is a common misconception that all county court judgments are registered immediately.

A judgment entered in default is registered immediately on receipt of the court’s return. The CCBC sends the return automatically whereas cases taken locally are handled clerically (and are likely to take longer to register)

 

But judgment entered following a contested hearing, for example a pre trial review, is not registered until either

• an order is made for payment by instalments following an application by the judgment creditor
• an application is made for payment by instalments by the judgment debtor
• the judgment creditor takes any step to enforce the judgment or
• the judgment creditor applies for an order to obtain information."

https://www.gov.uk/hmrc-internal-manuals/debt-management-and-banking/dmbm666350

 

 

 

 

 

 

 

 

[BankFodder]

Open

[patterns]

Still slightly unclear wiil goodfellow can you please clarify your post? beause the HMRC link does not and your quote also..... if you are contradictnig previous posts

 

dx100uk maybe you can reference where this is stated?

 

i see this only https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

 

but this from a non direct source:

https://www.moneyadviceservice.org.uk/en/articles/dealing-with-county-court-judgements-ccjs

 

Puma - how has this played out, is there any update? please let us know, i have had a court date set for similar issue

 

admin if you could allow replies on my thread i will update for cross reference, court hearing set, i wish to update

[patterns]

12 minutes ago, BankFodder said:

Open

i apologise bankfodder i referenced the wrong link to admin