Court Claim Form

Umkomaas

Dufflecoat wrote: »

The county court form says it will affect the credit rating if the claim results in a judgement order against.

Is there a definitive answer on this?

Are you reporting verbatim what the county court form says, or paraphrasing, or are you quoting from a PPC or debt collector document?

I don't believe that any county court form would say that.

Dufflecoat

Hi


On the back of the claim form (County Court Business Centre form) its says (on the letter) quoting exactly, so maybe I have misinterpretted:


"Registration of Judgements: If this claim results in a judgment order against you, details will be entered in a public register, the Register of Judgements, Orders and Fines. They will then be passed to credit reference agencies, which will supply them to credit grantors and others seeking information on your financial standing.
This will make it difficult for you to get credit."

The bold bit is bold on the letter too?


Have I misunderstood?

Regards

Coupon-mad

No, the above is true but if a loser pays the judgment within 30 days it is wiped.

So potentially there can be a very brief effect, a blip that soon disappears completely and never shows after that - no record is kept at all if people pay in full if they lose.

Dufflecoat

Okay thanks,


I did do a credit review for us and we wont probably wont need any further credit in the next three years, so hence I proceeded to contest the claim rather than just pay it



Of course I wouldnt want to pay it, but sometimes you have take the bigger view if it is going to penalise you in other ways...

Umkomaas

The bottom line is that a CCJ will be recorded against you in the event of a judgment against you. It can take a month for the credit agencies to update their records.

However, if you pay the costs determined by the Judge by the deadline set by him/her, the CCJ is totally expunged from the records, with no affect on credit rating. We have seen one or two cases where the credit rating has been marked down in the intervening period between the CCJ being recorded and the credit agencies being notified of the cost order being settled in time.

The Claimant should inform the court that the judgment has been settled by the Defendant, but there is one case currently on this forum where the C failed to do this and the D now finds his credit rating shot, and in a big mess trying to sort it. So a belt and braces approach would be when it's paid, don't rely on the C to inform the court, the D should do that - just in case .....

Of course, if the D fails to pay by the deadline, he/she is in for 6 years of credit grief and pain.

Dufflecoat

Thanks for this,



This also explains their approach (Car Parking Firms) I guess in that the minefield the situation puts the defendant in rightly or wrongly will result in a lot of people paying even when they probably would have won an actual case...


They offset the few that go to court against the probably many that settle...

Umkomaas

Dufflecoat wrote: »

Thanks for this,



This also explains their approach (Car Parking Firms) I guess in that the minefield the situation puts the defendant in rightly or wrongly will result in a lot of people paying even when they probably would have won an actual case...


They offset the few that go to court against the probably many that settle...

The business model of this scamdustry in a nutshell. Fear and intimidation = big money!

Dufflecoat

Hello All,


What happens next?


I have looked on MCOL and it says:


Your defence was received on DATE


You have submitted a Defence or Part Admission.



But under the case number, it says the latest document is the AOS,


Is this just waiting to be updated or should I be doing anything else?

Do I just then wait for further correspondance in the post?


Regards

Umkomaas

Is this just waiting to be updated or should I be doing anything else?

Yes

The CCBC takes a few days (or longer, depending on workload) to update.

And Yes - read the NEWBIES FAQ sticky, post #2 which tells you everything, including all the logistics, of your court proceedings.

Dufflecoat

Thanks very much,


Will this definatley end up with a hearing?

I know that BW Legal will not simply give up and will just let the case run no matter their chances of success.


Does it have to end with turning up in court?


Regards