Paying CCJ on specified date

xvickyx

Hi

I received some claims forms yesterday for an old debt - 3 years, which is mine.

I obviously want to avoid a CCJ so what my options, I know I can pay in full within a month (that's not possible this month) or pay in installments, where I will get a CCJ!

I have noticed there is a "pay by specified date" tick box. If I state that I can pay on the 30th November will they still give me a CCJ!

Or should I ask for more time & then it will run into the month that I can pay in full!

Thanks
Vicky

fermi

When can you actually pay by?

What is the date on the claim form?

DVardysShadow

• The claims forms are only valid if they came from and are stamped by the court. Sometimes creditors will fill in a claims form and send it as a frightener.
• It can only result in a CCJ if it goes to a judgement, and it only goes to a judgement if you don't settle.
• If you disagree with the claim, you can defend.
• If you want to defend, you can request it is assigned to your local court. If you do decide to defend, and you lose, the costs will be trivial. Once you decide to defend and request it is moved to your local court, there will be some delay.
• If you defend and lose, you will of course get a CCJ. But you will get a month to pay.
• You are 'allowed' to have a dispute with a creditor and have it resolved by a court and lose - without the CCJ going in your credit record - provided it is paid in full within the month allowed. This is basic fairness. If your defence was partially upheld, you would still get a CCJ for the rest of the debt - but it would be unfair for a creditor to be able to use trashing your credit rating to coerce you into not taking your defence to court or force you to second guess how the court would respond to your defence.

I would suggest you think to see if there are any grounds on which you could make a defence or any part of the alleged debt you can dispute. Then ask to have the case moved to your local court. Meanwhile make payments towards the undisputed part of the debt. By the time this comes to a head, you might find you can pay it off.

fermi

xvickyx wrote: »

I have noticed there is a "pay by specified date" tick box. If I state that I can pay on the 30th November will they still give me a CCJ!

Depends on the date of the claim form I think, and when your 14 days are up.

How many days have you left?

If judgement was not made before 30th October, then you would have 1 month to pay the CCJ and so have it removed, giving you until 30th of November or later.

If judgement was made before then, you would have to pay the full amount before the 30th to have it removed.

If it is close and you are sure you could pay it off then I suppose you could just fill in the acknowledgement of service. That would extend the 14 days to 28, so giving you until some time after 30th November for certain.

xvickyx

The date on the forms is 18th October, so would be after the 30th :j

I am not sure what to do, as I don't want another CCJ, I have just finished paying off 1 and my credit file doesn't need another beating.

I just can't afford it this month! But I think I will try and get it extended just in case and pay it off November 30th

fermi

OK. So based on those dates, you will probably get the CCJ at first.

But as you will be able to pay it off within the one month that doesn't really matter. You will be able to have all it and all records of it removed.

xvickyx

Yes this happened to me recently, got a CCJ unfairly, as they agreed not to give me one, but did anyway, so I cleared it, and never showed up on my credit file.

Ok, so shall I send in the admission form and wait for the CCJ and then clear it next month??

fermi

I would probably wait a few days if you are going to do that.

I can't remember if they can ask for the judgement to be made earlier once they receive that?

Don't want to chance them getting the CCJ made before the 30th if you see what I mean.

xvickyx

Ok I will wait a few days, maybe until the end of the week to send it out, that way when they send the judgement it will be a month from the date they send it to pay off works out ok

xvickyx

Hi

I just wanted to make sure I am doing this right;

Ok so the date on the claim for is 18th October & I understand that the "dat of service" is 5 days after this date, so making it 23rd October.

I want to pay the full amount on the 30th November, so should I send in the Acknowledgement of Service form to give me more time & then pay it off when the 30th November comes?

I called the company today and they said the latest I can pay to clear the CCJ would be 8th November, so I guess after I send in the Acknowledgement of Service I get 28 extra days which takes me well over the 30th November, is this correct?

Does the Acknowledgement of Service give you 28 days extra or just add 14 days onto the original 14 days?

Thanks

fermi

The acknowledgement of service gives you an extra 14 days, making 28 in total from the date of service of the claim.

After that, the creditor can request that the court makes judgement.

Not sure where they got the 8th?

That makes no sense at all? Date of service is normally the date of issue of the claim + 2 working days. That would make it 20th October. So your original 14 days would be up on 3rd of November.

I thought it would be sooner the other day, which is why I said you might want to send off the acknowledgement.

If you do nothing then they cannot request judgement before the 3rd Nov. In practical terms a while after that. So you should be OK whether you leave it or not, providing that you can pay any judgement in full by the end of next month.

I suppose you could do the acknowledgement if you want to make sure you have enough time. Just in case of something unforeseen