County Court Claim Form

nigrub20

Hi.

I've received a letter today from Nothigham County Court Business centre about a debt with Link Financial. The amount claimed is £1376.32, court fee is £70 & legal costs are £80 for a total of £1526.32. There is a N9A & N9B form attached.

Is this a CCJ? If not, what is it? If so, what are my options?

I have a total of around £20k in debt and about to go onto a DMP with step change. As you can imagine i'm extremely worried as I don't want people turning up to my house - the stress would probably give my parents a heart attack! I don't know what to do

sourcrates

Hi,

It is what it is, a claim form, you should register acknowledgment online, that gives you extra time to prepare your defence.

Details and advice here :

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues

Just_Di

nigrub20 wrote: »

I've received a letter today from Nothigham County Court Business centre about a debt with Link Financial.

Is this a CCJ? If not, what is it? If so, what are my options?

I have a total of around £20k in debt and about to go onto a DMP with step change. As you can imagine i'm extremely worried as I don't want people turning up to my house

You have received a claim form not a County Court Judgment.

No one will turn up at your house without first having obtained a CCJ and also a Warrant of Control (for bailiffs). You're a long way off that happening.

If you go online and file your Acknowledgement of Service stating you intend to defend all of the claim you will have a total of 33 days from the claim Issue Date to file your Defence.

Once you've filed a Defence the court will write to the Claimant advising them that they have 28 days to inform the court if they intend to continue with the proceedings.

If the Claimant doesn't inform them within 28 days the claim becomes stayed (a pause button on the proceedings) and they would have to pay to make an Application to lift the stay if they want to resurrect matters.

If the Claimant decides to continue with proceedings, then the court will send you a Directions Questionnaire (an admin form to complete) where you will be given the opportunity to attempt free telephone Mediation to settle the claim. If you reach an agreement at Mediation then there is no CCJ albeit the agreement is legally binding.

So there are opportunities for you to deal with this claim without fear of bailiffs pitching up at the house in the near future (or ever) which could alarm your parents.

You can also negotiate a Tomlin Order with the Claimant which is not a CCJ unless either parties breaches the settlement conditions.

I would also send a s77-79 CCA Request to Link to see if the debt is enforceable. If it's the account opened in 2013 which you posted about on your other thread they may be able to get a copy of the credit agreement but you posted on that thread the debt was a store card so there could be all sorts of reasons to contest the claim > https://forums.moneysavingexpert.com/discussion/5892913

This forum has advised you to seek advice from another forum so I'll take a step back to avoid conflicting opinions, and wish you good luck since you say a CCJ could cause you to lose your job so that will be a priority when making your own mind up on how to manage this claim, which is why I mentioned the Tomlin Order option.

Di