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CCJ - When can I change from defend to admit?

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Hi,

Carrying on from a previous thread from me about court claim from Mint CC.

I expect to be able to pay in full sometime between judgement date and 28 days after (to avoid CCJ going on credit file). From house sale proceeds.

I want to try and give myself as much time as possible between now and the 28 days after judgement to pay in full. In case of house sale delays (I expect to exchange next week - all going well so far).

I understand if I send back the acknowledge form with defend ticked it gives me another 14 days to the judgement date. I understand i can change this to admit at a later date.

If I do tick Defend, I then want to change to Admit shortly before the court date. Let the court do its thing and then pay off Mint in full before the 28 days are up.

Question - how do I change from Defend to Admit? Do I need a special/extra form?

Thanks

Comments

  • nottoolate
    nottoolate Posts: 1,359 Forumite
    i think you can simply return the admission parts of the n9?

    have you asked the court?
  • Anyone else have experience?.....
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    So you've acknowledged service but are not planning to defend the claim.

    If you do nothing, you will get a forthwith judgement a few weeks after the 28 days expire

    If you returned the forms making an offer to pay by instalments, before the 28 days are up, you might get an instalment order. But you're not looking for that.
  • Sorry Fatbelly but I don't understand your post.

    I have not returned any forms yet.
    I want to complete the forms in such a way to give me the maximum time to pay off in full.

    I THINK i can maximise time by ticking defend on the acknowledge form to give me an extra 14 days on top of the 14 days you get from the original date i received the court claim.

    I THINK i will then need to admit the claim and provide a monthly payment plan to the court.

    The court will then make it's decision.
    I will then have 28 days from the court decision date to pay in full before the CCJ is registered against my creidt file.

    I want to know if the above is correct and if I need a particular form to change from Defend to Admit?

    Thanks
  • fatbelly
    fatbelly Posts: 22,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Hi - Sorry, I hadn't picked up that you were going to make an instalment offer.

    Your plan should work. Technically you shouldn't be acknowledging service (ticking 'defend') and then making an offer against the original claimed balance. But I have done this in the past (for the same reasons as you) and there have been no repecussions.

    Of course if you have any evidence that the balance figure is wrong...

    In any event you will have 28 days from the date of judgement to pay without it being registered, and this may take several weeks - I have known it take months.

    You don't need any different forms to make the offer of payment - just the one you already have (N9A?)
  • Thanks Fatbelly for clearing that up.

    I'll let you know what happpens.
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