CCJ arriving soon?

Kimberley

I received a letter from a Solicitors today. River Island have passed my debt onto their Solicitors and they have applied to the County Court, they say a claim has today been submitted to the County Court for issue. My original debt was £785 ish when i went into difficulties on paying my regular payments. I sent them several letters asking them to reduce my payments and even sent them cheques for the amount i was offering which was £5 per month.

Since then they have added interest and admins charges which has pushed my debt up to £965.36 The interest etc is £21 per month so i refused to pay anymore of my offered £5 a month as this would be a total waste if they won't drop the interest.

Now with court costs my debt is now £1106.30

I have other debts, all totalling £3856.78 as of today.

Will i be entitled to do an admin order? I did have info from here ages ago but i can't find the threads I was told by one creditor that i won't be eligible for an admin order as i have to have debts of around £5,000 and also they said that the court costs and their costs would push me over that limit anyway

Should i phone the solicitors to tell them i can't afford to pay or leave it until i go to Court myself.

AGB863

If you get a notice from County Court, you can supply information for the hearing, including the offers of repayment that have you have made and outlining the unwillingness of the company concerned to discuss the situation.

You will need to supply an income and expenditure sheet and a list of other debts that you have got and the repayments that you are making to those.

Once the CCJ has been made, as long as your total debts are below £5,000, you can apply to the courts for an administration order.

Kimberley

Ok i will do that thanks xxx

System

Kimberley, when you receive your Claim Form, you'll have several options available to you.

You'll have 14 days from the date of service (5days after the issue date shown on the claim form) to submit your response to the claim.

You can apply for a 14 day extension to this to allow you extra time.

Then, if you agree that you owe the whole amount including court costs, you will need to send the Admission Form to the claimant. This will include your income and expenditure and includes your "Offer of Payment" - the amount you state you can afford each month.

If you disagree with part or all of the claim amount, you need to send the Admission Form plus the Defence Form to the court - this will state your reasons as to why you believe you should not pay the whole amount of the claim.

You can submit all these forms online.

You're not necessarily going to end up in court for a few months.

I received a claim form dated 20/9/05 for a water rates debt, disputed part of it, submitted all the court papers on time and my hearing has been set for next February.

If you don't ignore the problem, you should have plenty of time to get this submitted. The court staff are helpful if you have any queries at to what to do, although they can't offer legal advice. For legal advice, try https://www.clsdirect.org.uk

Best wishes
Dave

Kimberley

Thanks Dave

Do i list my other debts on the Admin form and do the courts tell me how long i will have to pay on the CCJ?

Like say i can only afford £25 a month, will they then work out how long it will take me to pay it all off?

jen_jen_2

you can ask the court for a composition order as a part of your admin order. you do this on the little box at the end and basically you ask that you pay £25 per month for 3 years and they reduce the debt so that at the end its cleared, this is so that you are not paying £25 for ever.

some courts will let you and some will review it in say 12 months time, see if you've made all your payments etc.

call national debtline for advice or ask the court staff.

Kimberley

I didn't know that, but then it's like getting out of what you owe, but it's a fault. Thank you..

System

Kimberley wrote:

Do i list my other debts on the Admin form and do the courts tell me how long i will have to pay on the CCJ?

Like say i can only afford £25 a month, will they then work out how long it will take me to pay it all off?

You list how much you pay each month off your Priority Debts and Credit Card/Loan Debts on the Admission Form N9A. You also note on there how much you're overdrawn, if applicable.

Don't worry about it - it's the most straightforward form! What is does ask for is all your monthly expenses - I found that the most difficult thing to do as at the time I hadn't got an accurate budget together.

There's no-where on the form to note the total amount of your actual debt but you could include it in your Defence Form N9B (if you intend to submit a defence) if you think it worth mentioning.

Can't really answer anything else about how much time the courts will give you as I haven't got that far myself yet.

If you find the Judgement too much to pay, you can even go back to the court to appeal for a lower amount I believe.

Good luck!
Dave

Kimberley

Hi

Just received my claim form from the creditors which includes a bit for my outgoings/incomings etc. It's from the county court. It doesn't mention anything about listing my other debts, it just wants me to say if i agree to the amount.

So do i send the Admin form off at the same time?

System

Kimberley wrote:

Hi

Just received my claim form from the creditors which includes a bit for my outgoings/incomings etc. It's from the county court. It doesn't mention anything about listing my other debts, it just wants me to say if i agree to the amount.

So do i send the Admin form off at the same time?

Kimberley, I've just re-read my previous post (#8) and noticed I'd typed "Admin" instead of "Admission". I've re-edited the post to correct this and have also included the form numbers for the Defence and the Admission Forms. Apologies for any confusion.

The reverse of your Claim Form should tell you exactly what you have to send off, but it all depends upon whether you intend to dispute the amount of the claim or not.

Regards
Dave

fatbelly

Hi Kimberley

If you're not disputing the amount owed but asking to pay by instalments, read the form carefully. I think you return it to the creditor, not the court.

Also, you can't apply for an administration order (assuming you meet the under £5000 rule) until you have a CCJ where judgement has been entered. This can take months.

And I would recommend you get someone to check that your figures are OK for your statement of means. Maybe your local CAB?