CCJ Claim Form Received.... Terrified

Jessicarabbit1982

Hi all,

My husband has just received a claim form in the post from 1st credit for Vanquis bank. We have been paying them token amounts each month and have advised them regularly of our ongoing circumstances.

I don't know what to do now, if we return the form offering payments per month will this still result in a CCJ being put against him? Is the only way to stop this paying in full? Not that we are able to do so.

I'm so upset, why is it you try and do your very best and it just never seems to please everyone.

Thanks for any advice.

a4a

I'm sorry to say it will not stop the CCJ from being registered.

Firstly, whatever you do, DO NOT return the claim form to them. Have they asked you to do this?

You must acknowledge receipt of the form and send it to the court within 14 days (but can tick the box saying you need 28 days if you want). At the same time, and unless you know you will be able to settle the whole o/s amount within the near future, then I would suggest you complete the income and expenses form and make an offer.

Whatever you do, DO NOT offer more than you can afford. Remember that all your domestic outgoings, rent/mgt, rates, gas, elec, food comes first before the creditors. You then need to proportion whats left between all the creditors equally.

If you think you can raise the o/s balance in the next few months, then you will be able to get rid of the CCJ (you have 1 month from the date of Judgement which is likely to be a couple of months from now).

Tixy

Hi

It might still be possible to arrange a new repayment plan and for them to agree not to take court action, however that is probably unlikely now.

If it goes to court (and assuming he agrees that the money is owed) then a judgement will be granted. If he cannot pay in full within a month of the judgement date then yes the CCJ will be on his credit file for 6years (although once fully paid should be marked to show it has been paid off).

How much does he owe them? when was the vanquis card originally taken out?

Jessicarabbit1982

Thanks for the responses.

The form just says it needs to be returned to the County Court.

The total on the paperwork including costs is £2126.77. It also says on the form that the card was taken out on the 29th July 2010.

National_Debtline

Hello there,

We have a useful fact sheet outlining the process you need to undertake when replying to a claim form. If you are looking to make an offer to pay the debt in instalments, the general process is to send a copy of the n9a (admission form) to the creditor - we would encourage you to send a copy to the court also.

Here's the fact sheet: https://www.nationaldebtline.org/EW/factsheets/Pages/20%20EW%20County%20court%20-%20replying%20to%20a%20claim%20form/Default.aspx

Best wishes,

David @ NDL.

Jessicarabbit1982

Thanks David, I will take a look.