CCJ Please help me =(

deanhtid99

Yesterday I received a letter from a county court saying i owe Bannentynes Gym over £1000. I joined this gym as a joint membership many years ago, i only went a couple months and never went back. They are asking me to pay the full amount in 14 days.

I really cant afford to pay this and i need to get back to the courts in 14 days. Is there any way i can get out of this.

Hope somebody can please help me as i have just sucessfully completed a DMP which took me 3 years with the cccs and thought i was debt free and this has sprung up on me from nowhere. Im gutted =(

Please help

NorthernLas

First thing is that you must do something with the court papers before the 14 days are up. See info on CCJ from payplan http://www.payplan.com/frequently-asked-questions/county-court-judgements.php. If you do nothing the CCJ will be awarded with the court deciding on payments.

You need to decide whether to accept, dispute, or defend. There may be valid reasons to defend like debt older than 6 years, people cannot prove the debt is yours (not sure if gym memberships have to have a valid CCA), did they send a default notice etc.

Hopefully others will be along to help, but more information would be good

1. Is the debt yours? Did you cancel the gym subscription?
2. How long ago did you last pay (is it 6 years or more)?
3. Were you living at a different address at the time?
4. Where does the court letter come from?
5. What exactly does it say about the debt?
6. Do you have any contract information?

RAS

Dean

This being a joint debt makes it more difficult. If neither you nor the other person has made any payment towards the debt or written acknowledgement in the last 6 years, it could be statute barred ( 5 years in Scotland).

That means they can ask for the money but the only legal defence you need against the CCJ is the Statute of Limitiations.

Do you still know the joint partner?

Any idea when you last paid?

deanhtid99

1. No i never cancelled the gym subsription, i didnt think i had to really =(

2. It could be 6 years ago although im not 100 percent.

3. No i was at the same adress but i have lived in diffent addresses until now

4. The court letter is from Northampton county court

5. The claim is for 961.20.
The claimants claim is for monies due under a membership contract made between the claimant and the defendant particulars of which have been previously delivered to the defendant.
The claimant claims the further sum of 78.37 in respect of interest pursuant s69 county court act 1984 at the rate of 8.00 % from 20 may 2009 to date here of 372 days.
The claimant also claims statuary interest at the above daily rate of 0.21 from the date hereof to payment or judgement whichever is sooner
costs date 27 May 2010.
6. i have no contract information no.

So does anyone have any idea what i can do, im really worried about this and don't know what to do. Can i just send back the Defence. And what could i say if i do ? \\\Thanks

David_Brent

deanhtid99 wrote: »

1. No i never cancelled the gym subsription, i didnt think i had to really =(

2. It could be 6 years ago although im not 100 percent.

3. No i was at the same adress but i have lived in diffent addresses until now

4. The court letter is from Northampton county court

5. The claim is for 961.20.
The claimants claim is for monies due under a membership contract made between the claimant and the defendant particulars of which have been previously delivered to the defendant.
The claimant claims the further sum of 78.37 in respect of interest pursuant s69 county court act 1984 at the rate of 8.00 % from 20 may 2009 to date here of 372 days.
The claimant also claims statuary interest at the above daily rate of 0.21 from the date hereof to payment or judgement whichever is sooner
costs date 27 May 2010.
6. i have no contract information no.

So does anyone have any idea what i can do, im really worried about this and don't know what to do. Can i just send back the Defence. And what could i say if i do ? \\\Thanks

If this involves going to court I personally would get a solicitor to liase between both you and the court (legal aid). You can't afford to make any mistakes here. Request a copy of any signed contracts between you and the gym.

Also it is rather crucial that you find out if this debt is over six years years old as previously mentioned it may be statute barred.

deanhtid99

How would i go about getting legal aid, will it cost me ?

David_Brent

deanhtid99 wrote: »

How would i go about getting legal aid, will it cost me ?

Here is some information you may find usefull with this:

Responding to a County Court claim

If someone has issued a claim against you through a county court, it's important to act quickly - you have 14 days from receiving the claim to reply. If you don't respond, or leave it too late, a judgment could be made against you.
If you want to pay the amount in full


If you decide to pay in full, you must:

• include the court fees, costs and interest (if specified) in your payment
• send the payment directly to the claimant (at the address shown on the claim form)
• make sure the claimant receives your payment within 14 days (allowing at least two days for posting)

It's also a good idea to ask for a receipt.
If you pay in full within the deadline you don't need to contact the court or complete any of the forms.

If you can't afford to pay all the amount at once


If you can't afford to pay the money all at once, you can ask for time to pay. You'll need to:

• fill in the 'Admission Form' N9A
• specify on the form how you want to pay (by instalments, for example)
• send the form directly to the claimant (at the address shown on the claim form)
• make sure the claimant receives your form within 14 days (allowing at least two days for posting)

It's also a good idea to keep a copy for yourself.

If you don't agree with the amount owed


If you do owe some money, but don't agree with the amount claimed, this is known as 'making a part admission'. You should:

• return the 'Admission Forms' N9A and N9B to the issuing court
• say on the forms how much you think you owe the claimant and why you don't consider you owe any more than that
• make sure the court receives the forms within 14 days (allowing at least two days for posting)
• either pay the amount you think you owe straightaway, or ask for time to pay - either by instalments or by a certain date

If you want to defend against the claim

If you do not agree that you owe the debt, or you have already paid the money, you may want to defend against the claim.

If so you should:

• return the 'Defence Form' N9B to the issuing court
• answer all the points raised ('allegations') in the particulars of claim
• make sure the court receives the form within 14 days (allowing at least two days for posting)

If you need more time to respond
If your defence is complicated and you need more time to respond, you can fill in the 'Acknowledgment of Service Form' N9.
If you file an acknowledgment of service within 14 days, this will allow you an extra 14 days to complete the defence form.

If you want to make a counterclaim

If you think you are owed money by the claimant that could offset some, or all, of the claim, this is know as 'making a counterclaim'.
In this case, you should complete the counterclaim section of the defence form.

Do you have to pay to respond to a claim?

You can respond to a claim with an admission or defence for free. If you include a counterclaim there may be a fee. Court staff will be able to advise you about this.

Help with completing the forms

Staff at your local county court will be able to answer your queries about completing the response forms.

Responding to the claim online

If the person making the claim against you did so using the Money Claim Online internet service, you can choose to respond through the same service. The login details you'll need will be on the claim. The 14 day limit still applies, so it's important to act quickly.


What happens if you ignore the claim?
If you ignore a claim, or miss the deadline, the claimant can request judgment against you without your side being heard. This is known as 'judgment by default'.
This can result in a judgment order demanding that you pay the money in full (plus costs) immediately. Your credit rating may also be affected.

More information here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10014967

Also for your Legal aid eligibility calculator: http://www.communitylegaladvice.org.uk/calculators/eligiCalc?execution=e1s2

It may be worth your while sending off a 'Acknowledgment of Service Form' which buys you another 14 days to get things in order.

NorthernLas

I really think that you need to talk to someone asap for advice.

Link to national debtline factsheet: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=20_replying_to_a_county_court_claim_form

There may be a way of defending, like the creditor must send you a letter before claim action, you must get a default notice, the debt may be over 6 years old - but I don't have the experience to advise. If your post has always arrived at the address you are living at, you may be able to be confident that you have not received letters apart from the court summons.

I would suggest you contact the national debtline, they may be able to give you enough information to decide whether you have grounds for defence and what you do to get the information to defend. Their phone number is 0808 808 4000