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Defending of a county court claim

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 April 2020 at 6:56PM
    read all the completed court cases over the last 12 months on this forum

    they are usually found in a search by adapting a well known hit song by the supergroup QUEEN

    duh duh duh , AOBTD

    think about it , the phrase was added to all the successful court cases over the last 1 to 2 years

    start with the one where coupon mad beat the barrister in court in an abuse of process case 4 or 5 months ago

    ps:- there is no letter S in the legal word DEFENCE
  • brokebas12
    brokebas12 Posts: 43 Forumite
    10 Posts Name Dropper
    KeithP said:
    Where exactly did this dastardly deed take place?

    You need to be reading the second post on the NEWBIES thread to get a better understanding of the process.

    Have you seen this short video?...
    www.youtube.com/watch?v=n93eoaxhzpU
    Thanks for the video.

    Chichester college car park.
  • brokebas12
    brokebas12 Posts: 43 Forumite
    10 Posts Name Dropper
    After reading the process from Loadsofchildren123 am I correct in saying if the defense letter is successful and the claim is an 'abuse of the process' the claim can be 'struck out' meaning it no longer exists?

    Not doing WS and DQ's?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Chichester College car park.
    This thread from last December may help you...

    https://forums.moneysavingexpert.com/discussion/6081455/county-court-claim-ops-dcb-legal/p1
  • brokebas12
    brokebas12 Posts: 43 Forumite
    10 Posts Name Dropper
    Thanks all for help so far!
    I am ready to do my AoS, shall I send a SAR?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    do both , asap
  • brokebas12
    brokebas12 Posts: 43 Forumite
    10 Posts Name Dropper
    Okay will do.
    Admittedly I am overwhelmed and want to clear this up, i have read this in NEWBIES thread but need to ask (sorry!).
    This cannot result in a CCJ in anwyay?
    I am young and this fears me!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 April 2020 at 8:43PM
    its simple , it goes before a judge (if it even gets that far)

    a judge decides on the case and issues a judgment , the CCJ

    if you lose and the judge awards it against you , they give you a chance to pay whatever he or she says , IN FULL , to the claimant

    so if you lost and it was £175 , you have 30 days to pay the claimant to avoid the CCJ being registered, it is expunged and gone forever

    so if you lost in court , pay in full , the amount the judge states in court , within 30 days

    ergo - NO CCJ

    its ignoring that court order that means the CCJ is registered and trashes your credit rating for 6 years, no matter what the "crime" , its nothing to do with parking , its the way civil court works

    if you win in court , you pay nothing , you may be awarded some money , and the matter is closed

    its not as if you go to prison, you are not put in stocks , they wont confiscate your playstation or smartphone , its a dispute over money where the judge is the referee and some leeway on payment timescales is allowed to both sides , win or lose
  • brokebas12
    brokebas12 Posts: 43 Forumite
    10 Posts Name Dropper
    Thank you Redx
    I will update tomorrow.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You read this in the NEWBIES thread...
    You do not get a CCJ even if you lose; as long as you pay within 30 days of judgment it's all sorted and nothing stays on the register (i.e. your credit record). No 'risk' as long as you don't miss court deadlines, you may as well defend and fight.
    You will likely pay less than is being demanded even if you lose, all over with no effect on your credit rating - you will have cost THEM more.
    Which bit didn't you understand?
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