Papers from Northampton County Court

Brogden

Hi All,

I have today received a claim form from Northampton County Court for a water bill to United Utilities.

Can somebody help please?

It will be a struggle (to say the least) to pay the full amount within the 14 days specified. The notes say to complete and return the admission form if you are asking for time to pay. The back of the form contains an Income and Expenditure form and in Part 11 I can enter a monthly offer of payment. This form is then to be sent to United Utilities (not the Court.)

Can anybody tell me......if my monthly offer of payment is accepted by United Utilities do I still then get a CCJ because the full amount has not been paid within (what?) 14 days? 28 days?

All help appreciated. I have defaults on my credit file but do think I should try to avoid a CCJ?

Many thanks,

Brogden.

nottoolate

Brogden wrote: »

Can anybody tell me......if my monthly offer of payment is accepted by United Utilities do I still then get a CCJ because the full amount has not been paid within (what?) 14 days? 28 days?

yes you normally would . UU would usually forward your offer to the court saying that they agrre to the court setting installemnts at what you offered. if UU don't accept what you offer then the court would decide the payments

vax2002

The offer form should be copied and returned to the court with the papers, the court will be reluctant to offer a judgement where a reasonable offer has been made.
If it is only sent to the Utilities they will "lose" it
copy and to both.

nottoolate

Brogden wrote: »

Can anybody tell me......if my monthly offer of payment is accepted by United Utilities do I still then get a CCJ because the full amount has not been paid within (what?) 14 days? 28 days?

where the creditor requests a ccj is made upon an admission, the making of a ccj is pretty much automatic under civil provcedure rules practice direction part 14-4

Request for time to pay

4.1 A defendant who makes an admission in respect of a claim for a specified sum of money or offers to pay a sum of money in respect of a claim for an unspecified sum may, in the admission form, make a request for time to pay4.

4.2 If the claimant accepts the defendant’s request, he may obtain judgment by filing a request for judgment contained in Form N225A5; the court will then enter judgment for payment at the time and rate specified in the defendant’s request6.

4.3 If the claimant does not accept the request for time to pay, he should file notice to that effect by completing Form N225A; the court will then enter judgment for the amount of the admission (less any payments made) at a time and rate of payment decided by the court (see rule 14.10).

and rule 14.10

4) When the court receives the claimant’s notice, it will enter judgment for the amount admitted (less any payments made) to be paid at the time and rate of payment determined by the court.

if they accept 4.2 above applies.

nottoolate

can you come to some settlement to stop them going ahead with the ccj?

Brogden wrote: »

It will be a struggle (to say the least) to pay the full amount within the 14 days specified.

even if they get the ccj, if you pay in full within one month it can be removed as if it never happened. so you may have more time than you think

Brogden

Thanks everybody.

So..........by 14 days after the 'date of service' which is 5 days after the date of the letter I need to pay in full. OR have the judgement entered and pay within a month and have it removed?

As they ask me to deal with Utd Utililities, can I be sure they will tell the court its paid??

Brogden

HappyMJ

Brogden wrote: »

Thanks everybody.

So..........by 14 days after the 'date of service' which is 5 days after the date of the letter I need to pay in full. OR have the judgement entered and pay within a month and have it removed?

As they ask me to deal with Utd Utililities, can I be sure they will tell the court its paid??

Brogden

You can...but there is more fees the longer you leave it. You can pay the court a fee to remove the CCJ after the creditor had obtained it and you have fully satisfied it within the time period.

nottoolate

HappyMJ wrote: »

You can pay the court a fee to remove the CCJ after the creditor had obtained it and you have fully satisfied it within the time period.

£15 for a certificate of satisfaction. but might even be free if you are wanting it removed completely if paid within one month. cant recall.


thing is. if you have absolutely no way of paying in full before the ccj, then its worth some fees to get rid of the thing afterward.

woodyrseelectrical

Hi we have a "possible" ccj against our company listed on its credit file with a status of JG its neither mine or my wifes we have checked both our credit reports and it does not show up can anyone help

DVardysShadow

woodyrseelectrical wrote: »

Hi we have a "possible" ccj against our company listed on its credit file with a status of JG its neither mine or my wifes we have checked both our credit reports and it does not show up can anyone help

Go here http://forums.moneysavingexpert.com/forumdisplay.php?f=76 and use the 'New Thread' button to start a thread of your own, please. It just causes confusion to start a new problem in the middle of discussion on someone else's