County court claim form received, I have questions

tksnota

I’m jumping ahead but need some advanced information about re-arbitration based from the link shared @sourcrates

Do I need to attend actual physical court appearance? 

I really don’t have much left after paying the priorit bills so what’s the best approach for the re-arbitration

Regarding the ccj assuming a judgement was completed and I couldn’t pay the full unsecured amount with interest, do I need to pay the court and legal fees in full?

//tksnota

fatbelly

If you're just asking for an instalment order there may not have to be a hearing.

If the claimant disagrees with you then there could be one. Best to ask for a face to face one, and attend. That's where you get the best outcome.

You will be liable for the full amount including court fees and solicitors costs and probably interest up to the date of judgement.

If they try to apply interest after judgement post again.

tksnota

@fatbelly - how can I pay the full amount if I only offer £1/month?

Can I pay the court fee separately and the rest can be part of the £1/month?

sourcrates

tksnota said:

@fatbelly - how can I pay the full amount if I only offer £1/month?

Can I pay the court fee separately and the rest can be part of the £1/month?

The debt is now the debt, court fee and debt are one and the same, they can`t be separated if paying monthly.

If paying a £1 per month obviously you can`t pay in full can you, fatbelly has covered this here:

"If the claimant disagrees with you then there could be one. Best to ask for a face to face one, and attend. That's where you get the best outcome.

You will be liable for the full amount including court fees and solicitors costs and probably interest up to the date of judgement".

RAS

Go with details of your finances showing that you can't really afford to make payments. The court may award the creditor £1-5 per month. The CCJ will affect your credit record for 6 years. But if they are only getting a pittance the creditor may just sell it on.

tksnota

@RAS - is possible to sell the debt even in ccj? 

I plan to pay the ccj via equivo (legal) but the original debt was with creation finance. Who will sell the debt in case it doesn’t happen?

RAS

Creation seem to be behind a lot of recent threads about CCJs.

Your original post suggested that Equivo are acting as agents? If so, they get money for taking legal action, but may also be be acting as debt collectors.

At some point Creation may decide that debts which aren't yielding much in payments are sold on. Nothing to stop them doing this, but we simply don't know Creation's underpinning strategy.

ManyWays

tksnota said:

@RAS - is possible to sell the debt even in ccj? 

I plan to pay the ccj via equivo (legal) but the original debt was with creation finance. Who will sell the debt in case it doesn’t happen?

Yes it is possible to sell a debt where there is a CCJ. It will be sold by the firm that was listed as the Claimant on the CCJ application.

tksnota

I’m lost because entered a claim on Sept 19 but only received the letter on Sept 22. Do I need to follow the Sept 22? BTW no email was send to me about the claim.

There is also no option in the online money claim to register data if you admit in full the loan amount

Does it mean I need to send the form via mail and used tracking to prove it was send?

Thanks…

tksnota

I also need guidance to whom I need to send the claim form. Is it the claimant address (Creation) or the address for sending the doc (Equivo)? Both addresses are different.

My confusion originates from the admission doc because it is written send the complete form to the claimant address.