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Gladstone letter and CCJ - any advice please

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  • pek
    pek Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    We've just spoken to Horizon. They say that the dates Gladstones sent us are wrong. We've asked if we can settle direct with them and the lady who was very helpful will ask her manager. If we settle with them will Gladstones then have to drop the case.
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 24 April 2018 at 1:38PM
    Some people on here are not very nice people at all.

    If you think we're bad, just wait to see the people they will send round.
    If we settle with them will Gladstones then have to drop the case.

    Of course they will, as Gladstones are only working on behalf of Horizon. However IF the dates on the claim are incorrect, the error in not Gladstones (even it if was) as Horizon are the ones that "signed" the Statement of Truth. It is their responsibility to ensure a claim is honest and truthful. If it isn't then there may be cause to have the issue examined in court further.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • pek
    pek Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    I have googled not receiving a claim form from court just a judgment for Claimant by default. It is very common apparently even when someone hasn't changed address. There are many people complaining of the same thing. Seems so unfair. My son leaves for work at 7am and returns at 7pm. I open all my kids post . Maybe I shouldn't but one is at uni and they all receive letters from credit card companies offering them credit which I tear up. There is absolutely no way it came to this address. There again two of my friends sent me birthday cards in the post that I never received. I am also awaiting a response from the post office as I have registered a complaint with them. Waiting to hear from Horizon now. Thanks for help
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 24 April 2018 at 2:56PM
    There is absolutely no way it came to this address.

    Would never use that in court. Court's will not accept that you didn't receive any paperwork.

    There is a live CCJ with an amount that is such that it can go to the bailiffs if they choose to. Not a matter for messing around with. In any case, why are you bothering. It wasn't you that caused all this mess, was it? Or is there something else we should know.

    But stepping back a stage, the date of the CCJ is key as there are 30 days to pay it before it becomes registered as a CCJ. When it trips over that 30 days then the fun with bailiffs could begin. At present you have time to pay it or negotiate as you are doing.

    If it is left unpaid after 30 days then it will mess up your son's credit limit (or whoever actually has the CCJ) so depending on your parental views you can either sort it or leave it.

    What Gladstones tend to do though is not to chase it until after the 30 days is up, so you'll have to do the chasing and not leave it too late.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • pek
    pek Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    How can this be right that we have no warning letter from Gladstones, no claim form from the court and even no judgment from the court. We had to ask them to email us the judgement. Seems so wrong.
    One more question sorry. If we settle with Horizon will the. CCJ be cancelled. Gladstones are not willing to settle.
  • pek
    pek Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    In any case, why are you bothering. It wasn't you that caused all this mess, was it? Or is there something else we should know.[/QUOTE ]

    I am bothering because he is my son and cannot afford this so it will be me paying.
  • pek
    pek Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    edited 24 April 2018 at 3:39PM
    Yes the judgment form that we had to get the court to email as we hadn't received it was dated 9 April but Gladstones wrote to him for the very first time on 18th April and we received the letter on 21st April. I will pay it for him but can someone please answer whether if Horizon accept a settlement within the one month period will the ccj be cancelled and if so how does this procedure work.
    Also Gladstones have emailed to say the fine refers to 5 pcns but on the court email there are only 4 so they have submitted the wrong details to the court too. Will this make a difference. I don't want to pay this ccj and then have another next month for the pcn they haven't included on the court form.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Youve been told repeatedly that paying in full within one month results in the CCJ being removed.

    You pay the CLAIMANT in full, the total amount. You dont really have any leverage here.

    You get a receipt and ensure teh court receives it within the 1 month time limit. Hand deliver it, to be sure. Get them to sign to confirm the receipt was there.
  • Quentin
    Quentin Posts: 40,405 Forumite
    ....... the date of the CCJ is key as there are 30 days to pay it before it becomes registered as a CCJ. When it trips over that 30 days then the fun with bailiffs could begin. At present you have time to pay it or negotiate as you are doing.

    If it is left unpaid after 30 days then it will mess up your son's credit limit (or whoever actually has the CCJ) so depending on your parental views you can either sort it or leave it. ........

    No.

    A ccj is registered immediately, and immediately starts to mess up the defendant's credit status.

    The OP knows it is on the register - she checked it out.

    The significance of the month allowed to pay is if the defendant pays in full within a month of the ccj then it can be removed from the register and credit files.

    If you don't pay in full within the month then it remains on the register for 6 years, though if paid in full subsequently that will also be marked on the register. Though a satisfied ccj has similar impact to an unpaid one on your credit status
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