County Court Claim for Old Credit Card

d4rkh0r53

Hi Folks

I need some advice please - here's a summary of my problem:

1) I moved house in 2008 and informed my bank of change of address but stopped receiving credit card statements etc (From the same bank)

2) I have now received a County Court Claim for £3,155 (the balance on the card) plus £1,108.49 (Interest charged under section 69 of the County Court Act 1984) since 2008 plus costs of £85.00 and £80.00 (The Court Fee and Solicitors Fee respectively)

I realise its my own stupidity for 'forgetting' about this card but its balance also disappeared from my online banking screens etc when I moved and without receiving monthly statements, it was an easy mistake to make.

I'm happy to pay off the debt but I'll need some time to do this, so I'll need to fill in Form N9A (Form of Admission) explaining how much longer I'll need.

My questions are:

1) Can I (or should I?) offer to pay the actual card balance plus the court and solicitors fees (If I need to?) and not pay the £1,108.49 interest added?

2) If I don't pay the interest element, can they (will they?) automatically submit a judgement against me? I could do without a CCJ in my life right now!

Thanks in advance

keith_lard

I would ring the court as they will advise you the best path, if you send in the form and offer payments, a CCJ will be issued, better to try and sort it out with the court BEFORE they issue a ccj.

d4rkh0r53

Thanks for the info, Keith

So, in spite of offering to pay within a reasonable (eg 3 or 4 months) timeframe, they'll issue a CCJ anyway?

Frankly, I'd rather stump up the extra £1k in interest than have a CCJ on my record for 5 years

[EDIT]OK so I called the court and via their phone system, they simply replay an automated message telling me to complete and submit the form

Will now call the claimant...[/EDIT]

chanz4

the claimant will want you 100% to cover their costs

d4rkh0r53

Thanks, Chanz4

I'll call the claimant after lunch and see what they say. I may be in the lucky position to be able to clear the whole thing in one 'hit' if I can get all my ducks in a row, in double-quick time

keith_lard

@d4rkh0r53

Please give Payplan a ring, they will give you spot on advice and its free!

I am sure you can go about this without having a ccj.


please give payplan a ring and good luck!

k.

d4rkh0r53

@Keith Lard

Thanks for the advice - I spoke to Payplan and they confirmed what Chanz4 said about them going for a CCJ anyway, unless you pay the whole lot in one 'hit'

Luckily, I have a "fairy godmother" who has underwritten the whole amount for me, giving me the ability to pay in full then repay her over the next couple of months.

Needless to say, when I called the claimant company (The debt has been 'sold') I got through to someone who was incredibly surly and rude but it gives me some pleasure to know they won't be able to CCJ me over this and I've written them a fairly snotty letter.

Thank you both for all your help and advice

ahxcjb

Not sure you understand how debt firms work. They couldn't give a monkeys whether you have a CCJ against you or not. It just means more hassle for them.

The best customer is the one that pays up without quibble so they can bank all the interest + inflated charges that they've loaded on. You fit this category. I wouldn't even bother with your letter, it will serve no purpose.

d4rkh0r53

Thanks, ahxcjb

I believe I've spotted an error in the way the debt collection company and the bank involved have handled this, so I'll be taking them to court in the near future to claim it all back anyway.

With interest

ahxcjb

Excellent. I hope you win. These debt collection firms are scumbags at the best of times, so good luck!

[Deleted User]

d4rkh0r53 wrote: »

Thanks, ahxcjb

I believe I've spotted an error in the way the debt collection company and the bank involved have handled this, so I'll be taking them to court in the near future to claim it all back anyway.

With interest

What's it like on planet good time where you can forget about 3k of debt?