Just received court claim?

lookingforthelight

Hi,

Just received a court claim for my Mint credit card.

I've been doing token payments since last summer.

Is that a CCJ or only a CCJ once they have passed sentence?

What are my options? Can I still make a payment plan with Mint and avoid court?

Thanks for your help.

Hannah_10

If you are on token payments then presumably you're in harship? In which case defend. A CCJ is not inevitable, the county court might decide in your favour.

thechippy

lookingforthelight wrote: »

Hi,

Just received a court claim for my Mint credit card.

I've been doing token payments since last summer.

Is that a CCJ or only a CCJ once they have passed sentence?

What are my options? Can I still make a payment plan with Mint and avoid court?

Thanks for your help.

You cant really defend unless you have good grounds to do so.
It's not a ccj yet, but will be unless you decide to defend and win.

Worst case is that the court will simply let you maintain the payments that you already make.

You could offer mint a higher monthly payment if they cease litigation - but I would only do that if you can afford it comfortably..;)

fatbelly

The important thing is to respond to the claim on the forms provided, within the time limits.

You will get a judgement (the ccj) from the court - let us know what that is. It's all done in writing at this stage.

nottoolate

send the forms back and make an offer

make sure you send it reocrded post

lookingforthelight

Make an offer?

Can I make a Full & final offer to Mint? Do I do this with the court forms or direct with Mint?

If I can F&F will it still result in a CCJ or can I try to get them to stop the legal stuff as a condition of full & finalling the debt?

The debt is 7900 inc court fees. I might be able to get a family loan for 5000. I wonder if they would settle for this.

Thanks

fatbelly

I think it's unlikely that they would listen to a F&F offer at this stage - they've just paid the court money to get a judgement against you for the full balance. Whether you give it a go (direct to Mint) is up to you but you must respond to the claim on the forms provided, within the time limits, as i said before.

When the other poster said 'make an offer' he meant 'make an offer of a monthly instalment payment on the court forms', I think.

Factsheet | Replying to a county court claim form

nottoolate

fatbelly wrote: »

When the other poster said 'make an offer' he meant 'make an offer of a monthly instalment payment on the court forms', I think.

yes.correct

lookingforthelight

Hi,

Thanks for clarifying that.

I dont think I can successfully defend this court action. So I will have to 'plead guilty' and arrange a suitable repayment amount with the court.

I was hoping there is a way of not having the CCJ registered against me.

Qustion- I read somewhere that if I clear the balance in full within 1 month of the judgement, no CCJ will be registrered against me/my credit file. Is that correct? Does the court give you some time to pay up in full before the CCJ is entered to your credit file?

Let me clarify that - I currently have 14 days from receiving the paper work to the actual court date. The court makes a decision (probably against me). Do I then have another 7,14 or 21 days to pay up in full before the CCJ is fully against me.

fatbelly

lookingforthelight wrote: »

Hi,

Thanks for clarifying that.

I dont think I can successfully defend this court action. So I will have to 'plead guilty' and arrange a suitable repayment amount with the court.

I was hoping there is a way of not having the CCJ registered against me.

Qustion- I read somewhere that if I clear the balance in full within 1 month of the judgement, no CCJ will be registrered against me/my credit file. Is that correct? Does the court give you some time to pay up in full before the CCJ is entered to your credit file?

Let me clarify that - I currently have 14 days from receiving the paper work to the actual court date. The court makes a decision (probably against me). Do I then have another 7,14 or 21 days to pay up in full before the CCJ is fully against me.

It's not a case of guilty/innocent. It's just whether you agree that you owe the money or not.

Yes, you have 28 days to pay the judgement before it gets registered.