Court Papers receieved - couple of questions please!

loopylu36

Hi, I have received court papers from NR for a CCJ. I have to respond to this by the end of next week.

I am admitting the claim and my repayment proposals will be in line with my DMP.

I have taken a little advice from the National Debtline website, but wonder if anyone could clarify a couple of points?

1. It appears that it is inlikely we will have to go to court for the CCJ as the court will just deal with it. SHOULD we go to court/ask for a hearing - can we in fact do this? Or is that not normal practice?

2. If we are not required to attend court, do we need to at this stage, apply to have the case moved to our local County Court? If so, does anyone know which form is needed to do this - I couldn't find that info on NDL website.

Thanks a lot.

itsnowtime

loopylu36 wrote: »

Hi, I have received court papers from NR for a CCJ. I have to respond to this by the end of next week.

I am admitting the claim and my repayment proposals will be in line with my DMP.

I have taken a little advice from the National Debtline website, but wonder if anyone could clarify a couple of points?

1. It appears that it is inlikely we will have to go to court for the CCJ as the court will just deal with it. SHOULD we go to court/ask for a hearing - can we in fact do this? Or is that not normal practice?

2. If we are not required to attend court, do we need to at this stage, apply to have the case moved to our local County Court? If so, does anyone know which form is needed to do this - I couldn't find that info on NDL website.

Thanks a lot.

Hi Loopy,

If you're happy with what NR are proposing on their CCJ and you don't believe you will have a battle for the repayment amount then there is no need for you to go to court.

However... I recently had the same situation with another creditor - and I decided to transfer it to my local court and attend. As a result the creditor didn't turn up and the ruling and payment amount went in my favour. It wasn't as scary as I thought and to help get the repayment you want - it may just be the best thing to do.

So... in answer to your second question - you only need to transfer it to a local court if you're going to attend - if you're not then don't transfer it because if you don't turn up the judge may not be too happy.

Good luck
x

fatbelly

At this stage it's just done on paper. You're admitting the claim and asking for an instalment order.

Remember the completed form goes back to the claimant, not the court.

loopylu36

Thanks for that but I'm still a bit confused - sorry. Do I have to REQUEST that there be a hearing? The info i read said that court staff would deal with the judgement? Or will they decide if there is to be hearing and let me know? Sorry if I'm being a bit dim.

fatbelly

You don't have to request a hearing at this stage. The court and claimant may accept your proposal.

There are over a million money claims each year. Most don't go to a hearing (which is just as well!)

loopylu36

fatbelly wrote: »

You don't have to request a hearing at this stage. The court and claimant may accept your proposal.

There are over a million money claims each year. Most don't go to a hearing (which is just as well!)

Thanks again. Is it still best to request the case be transferred? Perhaps I will try and call NDL again - I couldn;'t get through last week. I just want the judge to know that we are serious about repaying this debt as that always seems to go in your favour. Think I will swot up on Civil Litigation procedures, - legal is my background but not this field, which is why I sound so ignorant. I understand the basic procedure but am just a bit confused about a hearing/no hearing.

Thanks again.

fatbelly

If either party wants to object to the court's judgement then they can request a redetermination within 14 days of receipt of the judgement.

This is usually done at a hearing at your local court, and applied for on a N244. But you can just write a letter.

Factsheet here

craftingqueen_2

Hi L,

When we had our's with NR, we did'nt attend. The judge ruled in our favour, but then NR went for a redetermination forewith (ccj/ charging order- also known as hybrid).
We paid £35 for it to be moved closer to home so we could attend as it was up in Bradford way to far for us.
It worked out for us as the judge rule in our favour and to keep with the DMP payments.
If you want anymore help lets us know.

CQ

fatbelly

There should not be any fee for a redetermination if requested within the 14-day limit

stapeley

Why are you not defending it ? Have they supplied a true signed copy of the CCA ? If its for a credit card account , have you checked all the monthly statements ? When I questioned the amount alleged to be owed on by account they had lost one of the monthly statements. If they can not produce all the correct paperwork requested, a court should not enforce the debt . There is a section in the forms from the court , you do not have to admit the claim at this stage . Most people do not even bother to attend or defend a court case , this plays into the hands of the DCA .

loopylu36

How can I defend it, when I owe them the money? I did CCA them and they did send me part of my agreement (ie the front page) but I have researched this and it seems to be the case that they have provided enough info to have complied with my request. Also I wonder if a judge might just think I am trying to get out of paying the debt, if I argue on these techincal issues, and then order against me? With regards to statements, I did request all of these when I CCA'd them and although they alledged sending these with the reply, they actually only sent a few intermitent ones - should I defend on this basis? So I return the acknowledgement stating that I am defending and then request their lawyers to send me ALL statements and payments made etc? I also want to ask for interest to be stopped as otherwise the debt will never be repaid on my DMP.

Thanks for replis so far.