Civil Enforcement Ltd - Draft court letter **Urgent HELP pls**

Redx

read posts #28 to #30 in this recent one where the person in post #28 was advised what to do in the 2 replies

https://forums.moneysavingexpert.com/discussion/4913498

do not reply in that thread, just read the patient advice given as yours will be similar, especially as CEL have dozens of these claims going on at the moment

N4D5

Just trying to digest the info.

On the post by bargepole it seems I have already passed point 2. Would it be best to pay this the total sum of £226 now.


2) You have 14 days to return an Acknowledgement of Service (AOS). If you fail to respond, an automatic Default Judgment will be entered against you, and you will then have to pay the amount claimed within 21 days, or have a County Court Judgment (CCJ) recorded against you, and on your credit file.

Redx

I would telephone the court ASAP and ask if you can carry on defending the claim, or extend any deadline so a holding defence can be put in (citing postal difficulties as you didnt receive the forms in time etc)

N4D5

Redx wrote: »

I would telephone the court ASAP and ask if you can carry on defending the claim, or extend any deadline so a holding defence can be put in (citing postal difficulties as you didnt receive the forms in time etc)

Typical no answer on the number provided, to avoid a CCJ should I pay it, as I'm really starting to panic, looking for new mortgage soon and cant risk any ccj.

Redx

mmmm, you still dont get it do you

you wont get a CCJ , not yet anyway

if it goes against you then they will get a judgment

providing you pay the judgment within the timeframe allowed , say 21 days but might be 28 days then the matter is settled and no CCJ will come out of it

not paying the judgment is what triggers a CCJ and then its on your credit record

read post #4 of the NEWBIES sticky thread, and also this one , posts 12 and 13

https://forums.moneysavingexpert.com/discussion/5161978

Coupon-mad

N4D5 wrote: »

Just trying to digest the info.

On the post by bargepole it seems I have already passed point 2. Would it be best to pay this the total sum of £226 now.


2) You have 14 days to return an Acknowledgement of Service (AOS). If you fail to respond, an automatic Default Judgment will be entered against you, and you will then have to pay the amount claimed within 21 days, or have a County Court Judgment (CCJ) recorded against you, and on your credit file.

OMG. As long as you have acknowledged it (and yep, you are late) that's a foot in the door, as long as you strike lucky and the PPC hasn't already made a move to enforce the claim due to your inaction so far. Hopefully you will be lucky.

Please, please do as we say. If it turns out when you've submitted your defence that the court processing central team chucks it out as 'too late' I would be surprised because CEL aren't that quick off the mark. If that happens, THEN you could address it and pay.

Stop thinking you are stuffed. Go with what we've said.

N4D5

Redx wrote: »

mmmm, you still dont get it do you

you wont get a CCJ , not yet anyway

if it goes against you then they will get a judgment

providing you pay the judgment within the timeframe allowed , say 21 days but might be 28 days then the matter is settled and no CCJ will come out of it

not paying the judgment is what triggers a CCJ and then its on your credit record

read post #4 of the NEWBIES sticky thread, and also this one , posts 12 and 13

https://forums.moneysavingexpert.com/discussion/5161978

Just got off the phone, I have already passed the date and a judgment is pending soon. I think maybe best to ring Civil Enf Ltd and pay in full now before any judgement is issued, once judgment is issued I would still have to pay within 21 days.

Oh man I'm peed with myself had I seen the letter two weeks ago I would have been ok. Live an learn I guess.

Redx

as CM says above, work on your holding defence and put it in today or this weekend

keep phoning up to see if the deadline can be extended but do the holding defence anyway as you may be lucky

as long as you pay any judgment promptly , you can forget about a CCJ, I think you are worried about armegeddon even though it might never happen, meaning you dont understand what gets you to the point of a CCJ

you lose , you pay promptly , job done , no CCJ

but if you get your holding defence in (not a whinge like your post earlier, plus dont rely on not being the driver as thats a 4 years old out of date argument that POFA2012 knocked on the head if they followed pofa) then maybe you can keep going, which is the better course of action

you seem to give up too easily, cant get an answer , cant find the info you need , cant use the forum search

get pro-active , please !

edit , just seen your reply , so if they say its too late then its pay up to avoid the CCJ, or wait for the judgment to arrive, then pay promptly

shame you didnt get those papers within the 14 day period , somebody was lax in getting them to you, which has cost you dearly

N4D5

Coupon-mad wrote: »

OMG. As long as you have acknowledged it (and yep, you are late) that's a foot in the door, as long as you strike lucky and the PPC hasn't already made a move to enforce the claim due to your inaction so far. Hopefully you will be lucky.

Please, please do as we say. If it turns out when you've submitted your defence that the court processing central team chucks it out as 'too late' I would be surprised because CEL aren't that quick off the mark. If that happens, THEN you could address it and pay.

Stop thinking you are stuffed. Go with what we've said.

Sorry just read this now, OK lets not pay for now then either way if I get judgment I can pay it later right.


So I need to send in a defence right. Need to get something drafted now.

Redx

it wont do any harm to try it

you have 21 days to pay the judgment if its handed down

so nothing to lose I guess, so I would carry on until told its too late

here is one recent link to help you along

https://forums.moneysavingexpert.com/discussion/5398575

its the one where I suggested additions, as did CM too