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CCJ & payment within 28 days

Hi All

Just looking for a bit of advice please...

Been battling with a solicitor over some old (5 yrs) fees that I disputed at the time and they have only this year decided to chase.
I have asked for details of the invoices which only state "interim invoice" since March and still not received anything.

Now the solicitors have pushed for a court hearing (even though the Judge had ordered the claim to be "struck without order" as the solicitors hadn't submitted their questionnaire, but they asked for a little more time and hand delivered what was needed just before the judges deadline... Typical of them)

I understand a debt is a debt and should be repaid so I am expecting the worst.

Now unemployed and claiming JSA I hope the courts will be lenient.

But to my question. I have always maintained an excellent credit rating. If a CCJ is recorded is there any truth in that it can be removed if I borrow some funds to pay the claim in full within 28 days.

Comments

  • rosyw
    rosyw Posts: 519 Forumite
    PPI Party Pooper
    AS I understand it, if you pay up in full within 28 days the CCJ isn't recorded, so you should be OK.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    nc35 wrote: »
    if I borrow some funds to pay the claim in full within 28 days.

    If you provide evidence to the court that a judgement was paid in full with one month of the judgement date, then the judgement should be cancelled completely.

    Where a judgement is cancelled, it will be removed from your credit reference files.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • nc35
    nc35 Posts: 59 Forumite
    Part of the Furniture Combo Breaker
    fermi wrote: »
    If you provide evidence to the court that a judgement was paid in full with one month of the judgement date, then the judgement should be cancelled completely.

    Where a judgement is cancelled, it will be removed from your credit reference files.

    Sorry to ask, but is the payment usually made to the court or the claimant?

    The claimant (the solicitors) are terrible not once have the acknowledged any of my correspondence. I have never known anything like this.

    So I doubt they would provide any evidence that I had made a payment in full or otherwise. Leaving me unable to provide the courts with anything :(

    Any thought or advice please?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    nc35 wrote: »
    Sorry to ask, but is the payment usually made to the court or the claimant?

    The claimant or their sols/representatives.

    Then you need to provide proof of that to the court.

    Not a very good system, but that is the way it is set up......
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • nc35
    nc35 Posts: 59 Forumite
    Part of the Furniture Combo Breaker
    fermi wrote: »
    The claimant or their sols/representatives.

    Then you need to provide proof of that to the court.

    Not a very good system, but that is the way it is set up......

    Thank you again...

    May go with cash to the solicitors and ask for a receipt for the cleared funds. If they can't provide a receipt I will have to try for a bank transfer.

    What a silly system, but I suppose it takes pressure, time and administration from the courts.
  • penguin83
    penguin83 Posts: 4,817 Forumite
    Part of the Furniture Combo Breaker
    You can pay the court in full if there is no other way of paying it - the courts try to avoid it because they dont have the most up to date balance if things like interest are accruing. If it is a smaller amount then you should be fine paying the court (they can only take payment in full though - not part payments) xx
    Pay Debt by Xmas 16 - 0/12000
    There is something about the outside of a horse that is good for the inside of a man.
  • Marisco
    Marisco Posts: 42,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you are going to pay it, would it not be better to pay it before it gets to court? Instead of getting a CCJ and getting it removed, pay it first then you won't get one to begin with. I hope that makes sense?:o
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