HELP PLEASE. Should i just pay *TODAY* to remove from credit file, whats the best next step here?

muddled_mary1

I have read through the forum and the recommended FAQs and understand that I had a Letter of Claim on the 6th July 2024
Followed by a County Court Judgement/CCJ raised against me on the 29th February 2024,
I cant figure our where exactly I am in the process now and what the best next steps.  

The Latest letter - County Court Judgement:Pay within one month to remove from credit file was received on the 13th March 2024
 With DCB saying in this latest letter that today is the last chance to pay as its one month after the CCJ was entered.
Should i pay?!? 

muddled_mary1

I think I've missed the deadline for filing an Acknowledgment of Service, and possibility about to miss the deadline for filing a Defence? 

Panicking ever so slightly now...

nopcns

You are way too late for AoS or being able to submit a defence. If only you'd defended the claim, you wouldn't be paying a penny.

You have not shown the actual claim form. If you received a claim form and failed to acknowledge service (AoS) or submit a defence, you have lost the battle. By failing to do the AoS and defend the claim, the Claimant was free to request a judgment in default 19 days after the "issue date" on the claim form.

You had until 4pm today to pay the CCJ, which would have removed it from your credit record. By failing to pay the CCJ within that time, it will remain on your credit record for the next 6 years. Even if you pay it now, it will remain but be marked as "satisfied". This is only marginally better than not paying it but will cause you no end of financial pain.

The only other option is to try and get the CCJ set aside. However, you are on shaky ground as the Claimant has done nothing wrong in the process. Your address for service was obviously correct. You just failed to respond to the claim. Normally, if the claimed been sent to an address where you no longer lived, you could have applied for a mandatory set aside under CPR 13.2.

You now only have the option of a discretionary set aside under CPR 13.3. This will cost you either £108 if you can get the Claimant to consent to it but you'll still, most likely, have to bear the cost of the CCJ and the set aside fee. It is probably a small price to pay if you can get them to agree and then the CCJ is removed (expunged) from your credit record.

If the Claimant refuses to agree, you would have to pay £275 for set aside without consent and would have to persuade the court that you had a good excuse for not responding to the claim and that you have a good chance of defending the original claim. This choice is much more difficult in your circumstances as it would require a hearing whereas, if you can get the Claimant to agree to the set aside but you will bear the costs, a set aside with consent does not require hearing.

Here is a link to the Court Procedure Rules for setting aside a CCJ:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

muddled_mary1

Thank you for your response, was the deadline 4pm today for sure or could it be before midnight? Does the bank holiday make any difference? 

Like if i pay it before midnight would the CCJ still stand? 

Coupon-mad

I honestly don't know.  There are no working days until Tuesday.

muddled_mary1

Would it be wise to just pay now? On the latest letter dated March 13th, under What you need to do now it says 'pay the sum of £360.08 in full by 29/03/2024.' I can pay it online right now on the 29/03/2024 via the QR code provided on the letter, they then go on to say 'We will notify the Court that this payment has been made. The Court will then take steps to remove the CCJ from your credit file.' 
So it feels best to do that now?

muddled_mary1

If its accepted, done and done, if its not accepted ands if i do go down the CPR 13.3. route, would it be in my favour that its already paid or not? 

Coupon-mad

Nope.  Paying it makes setting it aside FAR less likely as you lose all your leverage.

muddled_mary1

Ok so i still shouldn't pay anything to DCB Legal right now so that i can get the CCJ off my credit file? Is it high risk to hope it will be accepted before midnight?

If as nopcns says I'm on shaky ground,do i even have a hope in hell for a set aside? 

Coupon-mad

It is very high risk. And would take months for a Judge to decide.  If you ignored a court claim, the usual advice is: you should pay the claim in full by day 30.

KeithP

You haven't even said whether of not you actually received the County Court Claim Form.

From your posts it looks like you did receive the Claim Form but for whatever reason decided to do nothing about it.

If that's the case, I think you stand no hope, with consent or otherwise, of getting the Judgment set aside.

Any payment made now with be attributed to next Tuesday - 2nd April.

Unfortunately you have left it too late to pay what the Judgment demanded, so I think you will be hampered in any credit raising activities for the next six years.