AFTER an acknowledgement of service

**laura**

DH rec'd papers for a claim against him. We have spoken to the creditor and explained various reasons why we would like to avoid the CCJ (mainly that he is a chartered accountant!) and we are in talks with them for another agreement. We filed an acknowledgement of service. 28 days from the initial claim is Tuesday and I believe we need to send something else to the court before then? Am I correct? We have already filled in an income and expenditure form that was provided by the creditor and sent back to them (not to the court) and so far as I say we have been in amicable talks. Can we just email the court and advise of the current situation? As I understand it as we have acknowledged etc the court themselves can take no further action without the go ahead from the creditor anyway and so far i am confident they wouldn't do this without further discussion with us first. Or do we need to file a specific form to advise the court of the situation?

Any help greatly appreciated. Thank you x

rizla_king

If you do nothing the claimant can apply for judgement by default. I wouldnt trust that they wont do that without warning you. The idea of acknowledging service was to give you time to see if you could sort things which doesnt seem to have happened. Not sure if you can file anything with the court but you need to get agreement from the claimant that they wont go for a default judgement. Otherwise you could end up with just what you were trying to avoid.

Talk to NDL in the morning https://www.nationaldebtline.org

**laura**

Thank you. We did just say between us that we should do something incase the talks became less amicable and they decided to just go ahead.
We have a copy of the income and expenditure we sent them - do you think we should just file the N9A form just incase? I dont want to push the case on as much as i dont want to make it go against us!
Am i right in thinking that they can only proceed with instruction from the creditor?

rizla_king

N9 admission if forwarded to the court by the creditor would or could give you the CCJ you are trying to avoid as its basically asking the court to make a judgement ordering you to pay what you offer. Yes court has to have either that or a request from the creditor for a judgement in default, before they will issue a ccj.

Call ndl tomorrow as youve basically given yourself just one day to sort it out now if defence or admission is due tuesday.

also ask here http://www.legalbeagles.info/forums/

**laura**

Thank you again. We have just read regarding the N9A and it says to send that to the creditor. We have in effect sent that to the creditor - just in a format that is their own. we have a letter from them requesting we fill in their forms. I have just looked on the court papers and seen that there is a place to email and we can send an email regarding correspondence between parties. I have written an email to advise that we havent sent the N9A as they requested we send their own version and then have scanned and copied all the paperwork I provided the creditor. I have then put a covering letter in advising that the creditor has been amicable and indicated that they do not wish to force judgement unless absolutely nevessary and that i have provided the court with info just incase these amicable discussions should not continue. I will still call them in the morning for clarification though thank you.
From the looks of my court papers the court never actually receive the N9A unless sent on by the creditor - in this case they will send their forms in place of that. how can a court pass a default judgement without ANY record of our income and expenditure?

rizla_king

their own forms are NOT the same as the N9a. they cant use their own in their place. If you havent responded with the official forms they can ask for judgement in default to be made for the full amount payable immediately. its a crappy system that allows a creditor to get judgements you werent expecting if you dont pay attention.

28 days were to give you time to sort it but you havent so you now risk judgement if you dont act PDQ.

**laura**

Thanks for that. I'll return the N9A by recorded post tomorrow as a guaranteed next day delivery just to be on the safe side.

rizla_king

talk to national debtline BEFORE you do that. could be the best thing to do but check with them

**laura**

Will do, thank you.