Have been a absolute div - please help

LauraLou1982

Thanks Ras. Sorry for the big gaps, I only have the net at work on my lunch breaks!
I have now recieved court papers for a CCJ when I got in on Friday...lovely...So, it gives me options, basically to admit and offer a payment plan, or to pay in full (unfortunatly not an option) or to dispute it...so but late to send anything to Fredericksons now I guess as the solicitors have taken me to court. Any ideas on what I can do? Just admit it and make an offer and get a CCJ (not something I sodding want to do!!!) or dispute it? I have sent them so many letters offering payments, some recorded and not heard a lot back, although our post is very dodgy! Any ideas anyone? Thanks in advance!

RAS

Have you sent that Subject Access Request?

You have 14 days to acknowledge the court papers and another 14 to defend the case, so get that off urgently.

You may get the paperwork needed to defend tha case, even in the short time scale.

LauraLou1982

No I have only just seen it, is it too late to send it now I have recieved papers? DO i send it to the solicitors or fredericksons?

RAS

Send the SAR 6o frederickson, regsitered post ASAP.

You may get back the first lot of papers in time to challenge the case. And you can defend on the grounds they have not respoded to your SAR.

LauraLou1982

So basically I copy and paste that letter above and send it to fredericksons, and then defend if they dont send it back. It says they have 40 days to comply though, and I only have about a week and a half till I have to send back the court papers? Sorry to keep asking questions, just want to make sure I do this right. Thanks very much for your help!

RAS

Hi

Do thse court papers come from Northampton? There should be a facility for you to acknowledge the case on-line (up to 14 days after receipt).

RAS

OK, within the court correspondence you’ll have received a login & password, use those to login on the website and acknowledge the claim, you must acknowledge the claim, failure to do so will result in a CCJ being awarded.

Once you’ve acknowledged the claim you’ll have a further 28 days to file a defence, this is where you need to decide what your defence is based on.

LauraLou1982

Brill, thanks so much. If it does come back that they can make me pay as they have all proper paperwork though, will the courts just let me make a offer of payment or will they say I need to pay it all in one go? Thanks so very much!

MrsTinks

Depends - CAN you pay it all in one go? I would recommend you post up your SOA here so we can take a look - both to help you check you haven't missed anything but also to point out anything that a judge might object to and be unsympathetic about...
Your defence or whatever you want to call it will consist of mainly explaining why you can only afford to pay them x amount under a judgement and that you can realisitically pay this until the debt is repaid.
How much exactly is the debt for and if push came to shove could you borrow the money from family to avoid a CCJ? I think if you settle the CCJ 14 days (anyone remember if that's right?) where you can still settle the CCJ without it showing on your record?
Ideally we really need the SOA to see what you can realistically afford to repay...

Happytogetdebtfree

Hi laura lou just wanted to wish you good luck, i dont know much about court proceedings but i think the judge will want a statement of affairs i e what you get paid and what you pay out and what you can afford to pay them.... i dont know if he can demand you pay all the cash upfront because if you could afford it you would have paid it... hopefully someone more clued up will come along :-) good luck x