Urgent - Court Papers

EasyAs123

Hi,

I couldn't see exactly where this should go, but thought you clever people might be able to provide some advice to a surprising and time sensitive issue that's just dropped in my lap.

I have been told today I have a day to respond to a/defend a CCJ claim that I know nothing about.

I live in a converted building with an odd address - it's 2b - and that means, depending on how a letter is addressed - I always ask for 2(b) - my post sometimes (intermittent) goes to a nearby flat 2, number 26, number 28, or number 2.

I have good relations with most of my neighbours but the bloke in 26 has expressed repeatedly how annoyed he is at the post office mis-delivering things, and he'll either 'return to sender' and drop them in the mailbox, or just throw them away. It's been going on for a few years (whenever we have a new postie I think) but it's infrequent and intermittent (and annoying) so we just try to deal with it.

His missus saw me in passing me just after christmas saying he'd RTS a letter that looked important - she said under the address window you could see something that looked like 'correspondence with the court'

I'm not aware of any issues or defaults - I had a plan with step change until I finished it recently (:j) and everyone I owed money to was going though them, so I called them and the lovely gentleman on the phone couldn't see any flags on their end but recommended I contact Northampton court (and also the money claim online people) to check if anything had been filed.

This was Friday night, so I couldn't phone immediately and sent an email.

I just heard back today - apparently a claim has been submitted for around £100 +£35 fees and +£50 for a solicitor by the local council.

The deadline for my response is tomorrow.

I've been reading through all the papers and feeling a little overwhelmed - I have no idea why the council think I owe this money.

I am aware ignorance is no defence and will happily pay any amount I owe but would very much like to track down the official involved to establish the facts with the intention of settling the matter without the involvement of the court.

I THINK (which is where you lovely people come in) I need to file an acknowledgement of service (which can apparently be done via email) to give myself a little more time - But -

Which box do I tick?

1. defend all the claim,
2. defend part of the claim,
3. contest jurisdiction

I don't want to lodge a defence if it turns out I do owe this money - I just want to pay it, but I haven't had sight of the papers and have no contact details to tell me which part of the council think I owe them money.

I'm also not clear if filing an acknowledgement makes the fees go up?

I can pay the amount above (just) on payday (the 31st) but I'll really be having a ramen noodle month if I have to pay more.

What I really want is a box to say - give me a little time to talk to the person and I'll pay whatever it is once I find out what it is.

I also really, really don't want a CCJ - I've worked really hard for the last few years (with StepChange) to clear all my debts and was finally starting to make progress.

I'm thinking maybe I should just 'admit' the claim, but would that require me to pay immediately? Like I said, I don't get paid until next tuesday - do the courts work that quickly? And would that mean I get a CCJ anyway.

Sorry for the long post - my head is going everywhere right now.

I'm going to click submit and go and make a cup of tea. I only just got in from work and haven't even hung my coat up

debt_doctor

Hi,
The time for a response with an issue in Northampton bulk / business centre is14 days past the date of service plus 5 days.
It would make sense to file the acknowledgement of service (AOS) as you will then add a further 14 days (28 days plus 5) to your time limit.
You could still then go on to either defend the claim (form N9B) or to admit the claim and ask for time to pay (form N9A) once you have found out further details.
DD
There is no cost to an AOS

EasyAs123

You are a lovely, lovely person.

Does it not matter which box I tick on the AOS?

I'm hoping the lovely admin assistant at the court (who sent me the papers today by email but couldn't send me the case pack) will send me at least the department who submitted the claim so I can phone them and figure out what's happening.

All a bit of a shock so I appreciate you wading through it all.

debt_doctor

You tick the' I want to defend this claim', sign it, date it and send it to the court.
It is of no consequence that you might choose to change your mind within the extended time limit and offer to pay instead.


If you eventually choose to pay then you send the N9A to the creditor AND the court, alternatively you will need to file a defence via form N9B to the court.
- And thanks!
DD

EasyAs123

Great.

I'll send it to myself at work and print/scan and email it back to the court asap in the morning (no printer at home).

One last question - is there anyway I get out of this without a CCJ?

I've been reading the documents again and if I agree to pay the court makes a judgment against me, if I defend and lose (likely I do owe the money) I get a judgement against me.

First step, definitely, AOS.

Don't borrow problems from tomorrow, but really put a damper on my evening (though you've been a great help).

debt_doctor

The only way you won't get a CCJ is if you successfully defend the claim or pay it off within a month (of getting a CCJ) in full.


Good luck.


DD