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CCJ Advice Needed Please

124

Comments

  • LaNcEr44k
    LaNcEr44k Posts: 63 Forumite
    According to the forms, it says that you can only acknowledge the claim if you are going to defend it. What happens if I defend it, but my defence isn't strong. If they award the claim to DSG will I still be able to inform them about my financial situation? I really don't want them issuing a warrant of execution.

    Thanks
  • 10past6
    10past6 Posts: 4,962 Forumite
    LaNcEr44k wrote: »
    Will they accept a phone call as being okay?
    NO, but you can request them to add a note to the claim, the reason for your delay in acknowledging the claim.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • 10past6
    10past6 Posts: 4,962 Forumite
    LaNcEr44k wrote: »
    If they award the claim to DSG will I still be able to inform them about my financial situation? I really don't want them issuing a warrant of execution.
    If you admit the claim, they win, if you dispute / deny the claim, the onus is on THEM to prove you're liable for the debt.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • LaNcEr44k
    LaNcEr44k Posts: 63 Forumite
    Thanks 10past6. Can anyone else confirm what would happend if I denied the claim. Am I right in thinking that this gives me another 14 days to prepare my defence. What would happen withint that time if I agreed the the claim, and what would happen if they won after the defence?

    Craig :money:
  • SouthCoast
    SouthCoast Posts: 1,985 Forumite
    Sorry, but confused.

    If you are going to apply for an IVA, why are you worried about a CCJ appearing on your credit records?
  • LaNcEr44k
    LaNcEr44k Posts: 63 Forumite
    I wasn't worried about the CCJ appearing on my records, I just don't want the court to take enforcement action for money I haven't got!
  • LaNcEr44k
    LaNcEr44k Posts: 63 Forumite
    Just a quick update on this one....

    Sent off the forms yesterday to the court by First Class Recorded. Called the court as suggested by 10past6 and spoke to a young gentleman. I explained the situation (that I hadn't receievd the forms until Saturday).

    The response I got was 'uh well, yeah, it should be okay'. He wasn't even interested in taking my claim number.

    I am quite suspicious about all this actually...

    According to the form, as mentioned, it says that the service date is 5 days after the postmark date, but when I spoke to the court official, he said that the form should say two days... unless it came from the central bulk court. I explained to him that it definately said 5 days. He asked if it came from St. Albans and explained that it has St Albans at the top, the court stamp and the address. The response I got was 'oh well it must be five days then'.

    Also on the form it mentions that I can submit my defence online using the claim no and password. Suprisingly there is no password, AND the claim number is not accepted on the moneyclaim website.

    Any ideas?
  • 10past6
    10past6 Posts: 4,962 Forumite
    LaNcEr44k wrote: »
    Any ideas?
    That muppet has no idea what he's on about.

    Phone the court tomorrow and request to speak to either a supervisor or the court manager.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • LaNcEr44k
    LaNcEr44k Posts: 63 Forumite
    Hmmm... I honsestly think that they've sent it on the wrong form. Is it common to be able to access through Moneyclaim, I have read that you can get access only if it has come from the Northamptom Bulk Centre.

    BTW... My form is N1 CPC. Is this correct.

    Thanks again 10past6 - you've been a big help!
  • 10past6
    10past6 Posts: 4,962 Forumite
    edited 2 June 2009 at 8:50PM
    LaNcEr44k wrote: »
    Hmmm... I honsestly think that they've sent it on the wrong form. Is it common to be able to access through Moneyclaim, I have read that you can get access only if it has come from the Northamptom Bulk Centre
    If the claim was issued through Northampton, you would have received a password to enable to to log in and acknowledge the claim.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
This discussion has been closed.
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