Help in delaying ccj

Confusedagain2015

Hi all, I posted here several years ago for one of my service users and got some help. So I'm hoping you could be as kind as to help again for another of my clients

. Can someone delay a ccj being issued? The long version is below

I've been helping a client for several months and she's been to see me today with her mother. She used to work in a role that required a credit check that only searched for ccjs, bankruptcy and the likes but has been out of work for some time. She is lucky in the fact that her debts seemingly have been managed well since she started to engage with her creditors (except 1!)

She got a letter from restons solicitors regarding a debt. The letter arrived 2 days before stating "you must contact us or we will issue court proceedings" . She came into my office and I helped her call them. She left a voicemail and the automated service said they would contact her. This never happened.

The following week she wrote to them filling in the forms with the initial letter (I actually posted them for her so know they were posted)
Today she's been to see me and she has received court papers. I have been on the call with her (after speaking with step change) the lady in the phone at restons acknowledged my client had left a voicemail but went on to say she didn't return the call (she doesn't have voicemail on her phone so couldn't have been left a message) they also say they didn't receive the letter I posted

They said they were pursuing the ccj unless full payment was made. Her mother said she can pay the debt for her but not until mid august (its substantial at £2.5k) if it means her daughter can return to her old field of work

My client will not be able to return to her field if the ccj is registered and reatons will not accept a Tomlin order (she understands a Tomlin order will not jepodise her job)

So, in a nutshell is there anyway the court action can be delayed until mid august ?

I am assisting her on Thursday to complete the online response.

She spoke with the original creditor who said they would have accepted a payment plan but now can't as the case has been passed to legal.

I really want to try and help in in any way I can. She has come so far and is only months away if being fit to go back to work

Thabk you in advance

sourcrates

Hi,

I think currently it's about a 6 week wait (on average) from sending back the court papers, to receiving a court date.

Has she acknowledged service online, that gives you an extra 14 days to prepare/submit your admission/defence.

Pop over to Legal Beagles and pose your question there.

If the debt is paid in full within one calendar month of the date of judgement, a CCJ will not be registered.

fatbelly

Legal Beagles link is here

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

You should acknowledge the claim online within 14 + 5 days of issue date. This buys a further 14 days before the defence needs to go in.

Legalbeagles will give you advice (it's on that linked page) on doing a cpr request to the solicitor and a cca request to the creditor, assuming this is a cca debt (you didn't say).

They are unlikely to be able to comply with both of these in the time available so in goes the defence and it should be several months before this gets to a ccj, if it ever does, and you can pay within one month without it appearing on your file..

You can get some idea of the timescale from threads on that site. The end of August is only 2 months and I would be surprised if it even got to Directions Questionnaire in that time

National_Debtline

Hi,


Whilst I understand the reasoning of the advice above, I also think you need to be careful. If you file a defence and it loses, there is a risk of incurring further costs and increasing the debt. So, unfortunately, there is an element of risk in this strategy, but, as mentioned above, your client will need legal advice if they decide to go down this route.


It may not be necessary to file a defence to delay things, when you consider the length of time it takes to actually get a CCJ. If your client was to file the admission form, with an offer, within the 19 days from issue that will take her to around the 15th - 17th July. This then has to be processed, which also takes time, as the offer to repay monthly is considered by the court. And all of this needs to happens before the judgement can be issued. It is important to note that if a judgement is paid, in full, within 1 month of the judgement it won't be recorded on her credit file.


So, the judgement itself may not be awarded until sometime from mid - end July (when you consider the dates and timescales). Then your client has 1 month to pay in full, which her mother says is possible mid August. I appreciate this is going to be close, but is another things to consider if there is no dispute.


Laura
@natdebtline