Received County Court Claim Form

nayfeee

Thank you both.

Unfortunately they do know that it's an overdraft as that was mentioned on the claim form that I received.

I will be ringing them today to try and negotiate a settlement, a family member has offered to loan me some money to clear the debt and avoid a CCJ.

Can anybody suggest what percentage I'd likely be able to settle this for - the debt is with Robinson Way? I've never negotiated a settlement with this company before but I have done with others.

I have a limited amount on offer from family and I don't want to have to ask for more than they are comfortable and can afford to be lending me.

Thank you

National_Debtline

You can discuss it on the telephone with them initially but it's recommend that you make a full and final settlement offer in writing, and make sure they confirm their acceptance in writing. You'll also need them to confirm that they will not continue with the court process too.

It's difficult to say how much you should offer as it's looked at on a case by case basis but you can start low. I think a lot of people start around the 30% mark and work up from there if necessary.

There is a factsheet on full and final settlements here which might be useful:
www.nationaldebtline.org/EW/factsheets/Pages/fullandfinalsettlementoffers/lumpsumoffers.aspx

There is a sample letter you can use to make the offer with here. You'll need to add a line about them not continuing to pursue you through court:
www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-(sole-name).aspx#

James
@natdebtline

nayfeee

I originally made an offer of £500 which was declined. I spoke to family and was able to get an additional sum and offered £750, again that was also declined.

They have said that they would accept £1,900, which doesn't seem like much of a discount considering the debt was only £2,038 before I received the County Court Claim form. It's unfortunately not achievable for me to raise those kinds of funds at present.

The debt did and still does show as £2,038 on my credit file, are they able to update this and does this affect the situation at all?

Do you think it would be worth me asking for proof of the debt to see if they can provide it or do they not have to provide anything at all on an OD? Is it likely that they have it and are confident they can enforce the debt since they instigated the CCJ process?

The debt is still on hold whilst they refer to the legal team to see if they still want to pursue court action. I'm waiting for a letter from them.

I'm not really sure what I can do now as I would very much like to avoid my credit file being destroyed by this debt and a CCJ when it's so close to being "cleaner" when this debt was due to drop off it early next year.

Thanks again to James for all the help you have been giving, it's greatly appreciated and you're a credit to National Debtline.

Marktheshark

They have told me not to send back the claim form ?
Then expect an automatic CCJ in the post from the court if you follow their advice.
Until the court writes to you the claim is active and going ahead.
Stalling you is a tactic.

You should issue a defence to the CCJ of :
No CCA agreement.
No deed of assignment
Statute barred.
And send it back.

Once a county court claim is made, the court not the debt firm will inform you if it is on hold.
Do nor let them stall you until the CCJ is granted.

nayfeee

Hi and thanks for replying.

I am very concerned now as I have not sent the form back yet...:(

Should I use those on the defense even though I don't think it is statute barred and even though it's for an overdraft so no CCA is required?

Won't the court issue the CCJ anyway once the DCA tells them that and clears those points?

I do have call recordings of them telling me that the court action is on hold if that would help me.:(

Thanks Mark

Lioness_Twinkletoes

nayfeee wrote: »

I have been trying to save to negotiate a settlement on the last debt as well as saving for a mortgage, so the timing could not have been any worse for this.

Is it not possible to use these savings?

Totally agree that you need to respond to the claim form - I'd have done it despite their assurances. How much longer till the 14 days expire?

nayfeee

Lioness_Twinkletoes wrote: »

Is it not possible to use these savings?

Totally agree that you need to respond to the claim form - I'd have done it despite their assurances. How much longer till the 14 days expire?

They've declined the amount that I have been able to come up with for the settlement offer unfortunately.

I have until 21st as the form was issued on 2nd June and the date of service is 5 days from then, when the 14 days begin.

Should I send the form back and enter the defense suggested above? Or should I just send the acknowledgement back to buy more time?

Thank you

National_Debtline

I suggest sending the Acknowledgement of Service for now. You can always file a defence within the extra 14 days if you decide to do that.

James
@natdebtline

nayfeee

National_Debtline wrote: »

I suggest sending the Acknowledgement of Service for now. You can always file a defence within the extra 14 days if you decide to do that.

James
@natdebtline

Okay thank you.

Which of the three options should I tick?

I intend to defend all of this claim
I intend to defend part of this claim
I intend to contest jurisdiction

I'm concerned that I don't have any defense as there will be no CCA as this is an OD. Do they still have to provide proof of the debt and proof that the debt was assigned to them? I am fairly sure that they will be able to provide these things otherwise why would they instigate court proceedings?

I'm going to go back to them today with another offer of settlement. A friend has offered to loan me an additional sum to try and clear this now. If they don't accept this amount, the third offer, I'm struggling to see any other way I can avoid the CCJ.

Thanks.

sourcrates

nayfeee wrote: »

Okay thank you.

Which of the three options should I tick?

I intend to defend all of this claim
I intend to defend part of this claim
I intend to contest jurisdiction

I'm concerned that I don't have any defense as there will be no CCA as this is an OD. Do they still have to provide proof of the debt and proof that the debt was assigned to them? I am fairly sure that they will be able to provide these things otherwise why would they instigate court proceedings?

I'm going to go back to them today with another offer of settlement. A friend has offered to loan me an additional sum to try and clear this now. If they don't accept this amount, the third offer, I'm struggling to see any other way I can avoid the CCJ.

Thanks.

Debts are sold in bulk, without any proof or paperwork changing hands whatsoever.
The companies that buy these debts have no idea if they have bought a legitimate debt, or a Lemmon.

They only have to provide proof when asked, 90% of court claims go unchallenged.

You should always challenge them for proof, if only to assertain they have the legal right to collect the debt.