Think I have received a fake Court Claim... but not sure.. Help please

michael001

Hello.

Currently on a DMP - making regular payments for around 8 months now...

Today I have recieved a letter from one of my creditors - a Payday loan company, stating that they are in the process of commencing legal action againt me at my local court.

With the letter there is a blue N1 claim form with no seal, no claim number, no issue date. I was horrified when I saw 'Defendant copy Claim form'.

I have looked on the internet about form N1, and am I supposed to have two other forms with it? It is just the blue N1 form and a letter from the payday loan company stating that once the court has granted judgement, payment must be made immediately, otherwise bailiffs may attend your home and if there is any shortfall we will contact your employers and apply for an attachment of earnings.

I was so worried and just burst into tears feeling sorry for myself for a while

After logically thinking about it and looking on Google and the forums here I really think that this is a fake claim that they have sent me.
How do I find out if it is? and what do I do about it as it makes me so angry to think that they can send this stuff out? Is it correct and have they just forgot to send all the correct forms?? I really dont know! I know I owe money however I am paying them what I can afford - around £25 a month and the debt will be clear in a year.

I live near Exeter and on the claim form it states the local court offfice is Exeter - Google seems to suggest that all court claims come from Northampton.

Can anyone offer some guidance or advice please. I have called Northampton court and they have told me that they cannot search without the claim no to check if it is genuine (the box on my N1 form is blank) they just said to call the police (huh??!!) if I have received that from a company!?

I called the company and was told that they dont know and I just have to make full payment immediately otherwise they will attach earnings/contact my employer etc.

This is so strange and im really worried and upset about getting this and dont know what action to take now.

Thanks guys

Mike.

RAS

Hi

Even if this is legitimate, you are a long long way from bailiffs or a DEO. -bailiffs may call. The important word there is MAY. There are a lot of things that may happen (like me winning the lottery when I have not even bought a ticket), but most of them are unlikely or require a lot else to happen first.

if the case goes to court and court grants judgement against you and you do not pay the installments set by the court, then the company can take further action. Until, then, no.

BlueAngelCV

It's not fake it just hasn't been issued yet (IMO). That is a copy of document that they have sent to the Court. The Court will then issue it (which is when it gets stamped etc) and will send a copy to you with a response pack.

Most cases like this would be dealt with in the Northampton County Court bulk centre so Exeter will likely transfer it there.

michael001

thanks RAS, but what do i do now with it - i guess just sit tight and wait and see what happens?

Also if it was issued and all went through, will the court make me pay the full amount - or do you normally get installments?

thanks

RAS

If you let it go through Northampton, they will award the whole amount and you need to ask for a redetermination, which will set installments.

Or you could ask for the case to be transferred to Exeter, which personally I suggest.

michael001

RAS wrote: »

If you let it go through Northampton, they will award the whole amount and you need to ask for a redetermination, which will set installments.

Or you could ask for the case to be transferred to Exeter, which personally I suggest.

OMG.. No way can i afford the amount.

The letter from them word for word states 'Once the court has granted judgement, if we do not recieve immediate payment we...' then it does on to say about bailiffs, attachment of earnings etc

Im worried about the immediate payment bit, I cannot afford it.

What is the best way to go about this, really sorry - however I dont have a clue what i need to do.

Thanks for your help

michael001

The bit I dont get is that I am making payments to them every month at a decent amount. They havent had to chase me, and have been quite pleasant from the beginning of the DMP. Lots of charges were added, however then they accepted a payment plan and it is all in place, they have frozen the interest and charges and I have not missed one payment and then suddenly this arrives. Dont get it!

DVardysShadow

michael001 wrote: »

... The letter from them word for word states 'Once the court has granted judgement, if we do not recieve immediate payment we...' then it does on to say about bailiffs, attachment of earnings etc

This is phrased to panic you - which seems to be working. There is some truth behind it, but it would be more accurately worded 'If the court grants judgement for payment forthwith, and we do not recieve payment in full within 30 days we...' whatever bailiffs, attachment of earnings etc

It is not unknown for DCA's to send filled in claim forms to panic people - without ever submitting the claim to a court.

fermi

1) It is NOT a court claim yet. It may never be, but you will have to wait and see. A real one wil come from THE COURT, not the creditor.

2) If there is a real claim, it looks like it would go through Exeter from the start, so no need to transfer.

3) It's for the court do decide what payment is due, so forget the "if we do not recieve immediate" bollux.

4) If it did go to a real claim and you couldn't pay what was ordered, then you can quite easily apply for the ordered payment to be changed.

5) Bailiffs, attachment of earnings etc cannot be used straight off. You would have to not pay what is ordered by the court first. As said, you yourself can apply to have that changed.

6) Bailiffs, AOE etc can be stopped. Again by applying to the court to pay reasonable amounts. If you don't ignore things, they are unlikely to ever be possible.

fermi

Keep the claim form and letter.

Would certainly be worth a complaint to the OFT and trading standards.

penguin83

You should also report it to Exeter County Court. Companies are not allowed to do this (pretend a claim has been issued) and the courts need to know who are still doing it so that they can be dealt with xx