Claim Form, CCJ delaying tactic, Debt Collectors

DaraMac

Hi there. I received a claim form from County Court Northampton for a debt I do owe.
I sent an acknowledgement of Service back so I have an extra 14 days to contest. I would like to drag the process out as long as possible because in 2 months' time I will be in a position to start paying off the debt. Has anyone got any ideas on the best way to slow the process down (asking them to prove the debt, changing court, etc.). Just anything, I really don't want a CCJ and I just need time. Thank you very much.

DaraMac

And also, if I implement your suggestions, how much extra time does it grant me?

libra10

You need to post this on the 'debt' board. There will probably be someone there who can advise.

https://forums.moneysavingexpert.com/forumdisplay.php?f=76

sourcrates

Hi,


Information here :


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


How much of a delay any of these actions may or may not have is creditor and court dependant.

Just_Di

DaraMac wrote: »

Hi there. I received a claim form from County Court Northampton for a debt I do owe.
I sent an acknowledgement of Service back so I have an extra 14 days to contest. I would like to drag the process out as long as possible because in 2 months' time I will be in a position to start paying off the debt. Has anyone got any ideas on the best way to slow the process down (asking them to prove the debt, changing court, etc.). Just anything, I really don't want a CCJ and I just need time.

What is the claim for such as a credit card, personal loan, overdraft, catalogue account or utility bill etc?

Depending on your answer you can probably send a s 77-79 CCA Request to the Claimant which would make the debt unenforceable in court if they can't/don't comply within 12 days. This may form part of your Defence.

How much is the claim and who is the Claimant and/or their solicitors because they all conduct litigation in different ways.

You say you've filed your Acknowledgement of Service (stating you intend to defend all of the claim I presume?) which will give you 33 days from the claim Issue Date to file your Defence.

Once your Defence is filed the Claimant will be given 28 days to inform the court if they intend to continue with the proceedings. If they don't do that the claim will be stayed (a pause button) until either party pay the court for an Application to lift the stay.

Some Claimants will let a claim become stayed if they haven't got the documents they need to comply with a s77-79 CCA Request. This will buy you more time.

If the Claimant informs the court that they intend to proceed within that 28 day window, you will be sent a Directions Questionnaire (assuming this claim was issued by MCOL/NCCBC) which is an admin form to enable the court (NCCBC) to plan the next stage.

On that DQ form there's an option to tick the box for free telephone Mediation where you can settle the debt without getting a CCJ, albeit the settlement is legally binding. If you break the terms of the settlement (maybe miss an agreed instalment plan etc) the Claimant will have the right to take you back to court for a CCJ.

If Mediation fails the case will be transferred to your local county court. This process can take about two months.

Your local county court will then write to you with a Notice of Hearing and Directions to file a Witness Statement typically 14 days before the Hearing.

So as you can see you have time to deal with this claim.

(If the claim is for over £10k it will be allocated to the Fast Track where things are done differently and can take a year or more to reach a conclusion.)

A little more information will enable me to make further suggestions.

Di