Money Claim Online - real court papers?

rapunzelz86

This morning ive recieved a letter from "money claim online" northampton county court.
This has come from a payday loan company! Ive never experienced a payday loan actually going to county court, didnt think they could? is it just a fake letter for scare tactics? im only a month late with payment and have kept in touch with them regarding my financial issues.
This looks like a genuine court letter. has anyone ever had one of these for a payday loan? surely courts have enough to do without the probable millions of payday loan customers being dragged through the system?

immoral_angeluk

Money claim online is the online small claims service so yes it is genuine and you have 14 days to reply to it, either admitting the debt and asking for time to pay, admitting part of the debt and asking for it to go to court, defending the whole debt, or defending the whole debt and filing a counterclaim. You can however still negotiate with the original creditor but it's likely the additional costs will be added to your debt regardless.

PNPSUKNET

to avoid a ccj you need to pay in full

cavework

You can respond on line . There is a case number and further down the page on the right hand side a password.
First thing to do is aknowledge receipt of the claim and decide if you admit / partially admit or refuse and want to defend the claim.
if you partially admit to some of the claim , include a defense .. get the response back ASAP.
When you submit a defense , make it simple and straightforward . Just reply to to each section of the claim submitted by the claimant, do not go into personal details. Enter any payments (if made) including dates paid that were made by you prior to the date of the claim that are in dispute.
If you don,t agree to the court costs, ie the amount of the claim is incorrect, state this in your defence . There is a sliding scale.

rapunzelz86

If i dont pay, what is the likely outcome? will it be the same as court powers for things like council tax/tv licence ie court bailiff coming round, or just a ccj? i can deal with a ccj as my credit rating will never recover.i cant see there being any point me replying as i cant afford to pay ANYTHING right now unless of course they might take my stuff, in which case ill have to sell my stuff to pay it.T.I.A

cavework

If you don,t respond at all within the timescale the claimant can ask for a judgement to be made for all money being claimed including court costs.
After the judgement is made you will have (I think) approx one month to make full payment. If you do not pay a CCJ is entered which remains on your credit record. The claimant can then apply for an order to recover goods to the value of etc which incurrs further costs payable by you.
If you owe the money , admit it and fill in your income and expenditure form supplied or online . Offer what you think you can afford even if it is £1. The claimant can then decide whether to accept your offer, negotiate directly or take the case to court. You will be held liable for the court costs shown on the claim form..

ALIBOBSY

Remember the court will only ask you to pay what you can afford so only offer what you know you can pay. If the company refuse the judge will likely force them to accept if your income/expenditure shows its all you can afford.

ali x

RobertoMoir

sadeelisha wrote: »

If i dont pay, what is the likely outcome? will it be the same as court powers for things like council tax/tv licence ie court bailiff coming round, or just a ccj? i can deal with a ccj as my credit rating will never recover.i cant see there being any point me replying as i cant afford to pay ANYTHING right now unless of course they might take my stuff, in which case ill have to sell my stuff to pay it.T.I.A

I'm sure you don't mean it like this but your final statement could be interpreted as "I can't afford to pay it unless I _really_ have to, then I'll sell something I spent the money on to get them off my back".

A CCJ is a gateway that allows them to take various kinds of enforcement action including potentially instructing bailiffs.

As others have said, if you can demonstrate to the court that you really can't afford to make big repayments they will probably accept token type ones. If they do so, its quite important you stick to these arrangements properly.

fatbelly

sadeelisha wrote: »

is it just a fake letter for scare tactics?

I have seen this done.

If it's genuine, it will have the court seal, a claim number something like 0xx000000, and as it's MCOL, you will have a password halfway down the right-hand side so that you can respond online, which is what I recommend that you do.

rapunzelz86

no i didnt mean it like that. i mean, its a choice between selling my things - not just something i bought out of the loan money - to pay them rather than them taking them and it not even being enough to cover the debt.
I didnt realise the court will accept any offer of payment, thought it had to be paid in full - thats the impression the letter gives.
Now i know that it is real obviously il get straight on it, thanks 4 the advice :beer:

RobertoMoir wrote: »

I'm sure you don't mean it like this but your final statement could be interpreted as "I can't afford to pay it unless I _really_ have to, then I'll sell something I spent the money on to get them off my back".

A CCJ is a gateway that allows them to take various kinds of enforcement action including potentially instructing bailiffs.

As others have said, if you can demonstrate to the court that you really can't afford to make big repayments they will probably accept token type ones. If they do so, its quite important you stick to these arrangements properly.

rapunzelz86

wrangler5 wrote: »

You can't even afford a £1 token payment?

Of course, i wasnt aware they would accept this?