Court claim kearns solicitors

fatbelly

The problem with this informal approach is that it would be very easy for the junior staff member to 'forget' to apply for the stay, or to do so in a way that the court fail to update the claim.

To cover yourself, I think you should put in a defence, even if not a very good one. They can then choose not to progress the claim while you work out a payment plan

They can't just get a ccj in default

Timpg

Hi 

yes this informal approach is getting rather tiresome. 

But on the plus side, although it’s not the signed agreement I was hoping for. I do have evidence that I have entered into dialogue and set an agreement with them. 

I will give them another call today to see what is happening, I know not to trust them but the person I spoke to was actually quite helpful and requested I contacted if there was any issues. 

I believe I have until the 28th to play with if I don’t see any changes to the claim status. 

ManyWays

This is massive risk to take. Much better to do as @fatbelly says and put in a defence. Otherwise you may well end up with a CCJ by default as you havent defended the claim
If it isnt in writing it doesnt count, the "helpful" person may be deliberately stringing you along until its too late. 

sourcrates

I agree you should submit some kind of defence here, we have seen cases before of "helpful advisors" insisting all is well, only to find out later that a judgement in default had been granted, the process tends to continue despite what some advisor may try to tell you, all they know is what their screen tells them, and they are not always privy to every piece of information.

Timpg

Apologies, I read my last post back and can agree I sounded rather naive in regards to the ‘helpful person’ 🤦‍♂️ 
I kinda meant the person came across surprisingly understanding compared to others I have encountered in the past. 

I’ll contact them again tomorrow morning, but if I feel I’m being strung along then I’ll go ahead and put a defence in. 

I appreciate time is not on my side and it’s obviously better to not wait until the last minute. 

Timpg

Hi 

just a quick update.
i have just received an email with a formal offer of payment arrangement. 

It lays out the terms of the agreement and that if I agree, they will inform the court that a settlement has been reached and the claim can be ‘stayed’

Timpg

Hi all

right I have had the repayment agreement in writing ( email ) and been copied into an email sent to the court stating that an agreement has been reached etc. 

I have just spoken to the court for an update and they are saying it can take up to 4 weeks for the system to update!! 

Unless they update the claim on their portal.

Obviously this is going to take me well over the time I have before default judgment. 

The court guy said submit a defence or admission. 

If I submit a defence… I have absolutely no idea what to put! 🤦‍♂️🤷‍♂️

any advice would be greatly appreciated with this. 

sourcrates

Just submit anything, say you dispute the amount they are claiming, anything, doesn't matter, as long as you submit something, you won`t get a judgement by default.

If you do nothing, you will.

Timpg

Thank you, I’ll get on the case tomorrow and get something submitted. 

So what happens once the defence is submitted?