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  • Originally posted by debrag View Post
    If I'm going to get a CCJ anyways. Should I just go the DRO route? Would mean I'd need a guarantor when moving home though.

    Too early to suggest what you are saying, slow down and doo not over think. CCJ who says???
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • Originally posted by The Tech Clerk View Post


      Too early to suggest what you are saying, slow down and do not overthink. CCJ who says???
      That is what the court claim form is for. What I've read says I send N9 back to the claimant with an offer of the arrangement, if agreed then it forms part of the ccj. Paying in full within 1 month and it goes off my credit file.

      Comment


      • a claim form N1 is just a start of proceedings, not a case dealt with, as evidence has to be shown (many an organisation discontinue near the end of proceedings due to them hoping you cave in on receipt of a claim form),

        What you mean is if ever a CCJ did get obtained against you, you have 30 days to pay in full and a CCJ will not be recorded = beyond 28 days it will and show for 6 years.

        If you are here for help please follow our system (proven) and ask before doing anything. I assume that is the reason you approached this site>>>??
        Last edited by The Tech Clerk; 2nd September 2019, 18:23.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • Originally posted by debrag View Post
          If I'm going to get a CCJ anyways. Should I just go the DRO route? Would mean I'd need a guarantor when moving home though.

          If you admit the claim and make an offer to pay you will get a CCJ which stays on your CRA file for six years, unless paid in full within 28 days. If you offer to pay by instalments then you will get an Instalment Order (a CCJ) if the Claimant accepts your offer.

          If you file the Acknowledgement of Service stating you intend to "defend all of the claim" you have 33 days from the Claim Issue Date to file a Defence.

          After you file your Defence the court (MCOL/NCCBC) will serve it on the Claimant who has 28 days to inform the court if they intend to continue with the proceedings or not.

          If they don't contact the court then the claim is automatically stayed (a pause button) until the Claimant (or the Defendant) makes an Application to lift the stay for which they will have to pay a fee (currently 255).

          If they inform the court that they intend to continue with the proceedings then you'll be sent a Directions Questionnaire (an admin form to complete) which will give you the opportunity to tick a box for free telephone Mediation. If a settlement is reached during the Mediation it becomes legally binding, but it's not a CCJ so not recorded on your CRA file. (If you don't keep to the settlement agreement then the Claimant can return to court for a CCJ.)

          My suggestion is you file your AOS (within 19 days of the Claim Issue Date) to give yourself time to think things through.

          If you are thinking about a Debt Relief Order then there's a good explanation of how that works on this other website (or contact the CAB). There are pros and cons you need to understand. You can also see if you are eligible > https://debtcamel.co.uk/debt-options/dro/

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • The CCA is enforceable, no point in defending it, so I'll just pay it in full.

            Comment


            • Debrag

              I know it is stressful but you do need to listen to what people are saying.

              Just to give you some hope - I had a claim for a 5K credit card debt. The CCA was enforceable- it was all there including my signature BUT we won in court because they had not issued a default notice.

              If memory serves me correctly , QQ did not serve me a DN ( It was written off after QQ kindly emailed me and said there was nothing to pay and it hadn't been sold, that rather annoyed the people who claimed to have bought it)

              You can go through the motions of submitting a defence and negotiate before a ccj if you have to

              Comment


              • Originally posted by debrag View Post

                I don't have a DN either via post or email, though the SAR from QQ produced a csv file detailing emails, one states they have sent one out.
                I see they say they sent one out- does it detail what they asked for and by when? You can argue non was received and you know it wasn't because you keep all your paperwork ( I assume you do). Also a S87(1) DN has to be sent by post or so I believe

                Comment


                • Originally posted by Warwick65 View Post
                  Debrag

                  I know it is stressful but you do need to listen to what people are saying.

                  Just to give you some hope - I had a claim for a 5K credit card debt. The CCA was enforceable- it was all there including my signature BUT we won in court because they had not issued a default notice.

                  If memory serves me correctly , QQ did not serve me a DN ( It was written off after QQ kindly emailed me and said there was nothing to pay and it hadn't been sold, that rather annoyed the people who claimed to have bought it)

                  You can go through the motions of submitting a defence and negotiate before a ccj if you have to
                  I don't have the DN, I don't remember ever receiving one. The CVS file just repeats that they sent one out with the financial conduct information.

                  Comment


                  • Originally posted by debrag View Post

                    I don't have the DN, I don't remember ever receiving one.

                    The burden of proof is on the Claimant.

                    Send a CPR 31.14 request to Moriarty Law using the free AAD Template in post #5 in this link > https://all-about-debt.co.uk/forum/d...mplate-letters

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • Originally posted by Diana Mayhew View Post


                      The burden of proof is on the Claimant.

                      Send a CPR 31.14 request to Moriarty Law using the free AAD Template in post #5 in this link > https://all-about-debt.co.uk/forum/d...mplate-letters

                      Di
                      Recorded or just 1st class?

                      Comment


                      • Originally posted by debrag View Post

                        Recorded or just 1st class?
                        Send it Royal Mail Recorded Delivery so you can Trak and Trace it.

                        If they can't/don't produce the documentation then you may have the basis of a Defence to file.

                        If you want to negotiate you'll have strengthened your bargaining position if they can't/don't produce the documents.

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • Originally posted by Diana Mayhew View Post

                          Send it Royal Mail Recorded Delivery so you can Trak and Trace it.

                          If they can't/don't produce the documentation then you may have the basis of a Defence to file.

                          If you want to negotiate you'll have strengthened your bargaining position if they can't/don't produce the documents.

                          Di
                          All sent. Now I just wait

                          Comment


                          • Originally posted by debrag View Post

                            Now I just wait

                            Not quite

                            It's vital that you go online at MCOL and file your Acknowledgment of Service stating you intend to defend all of the claim.

                            Use the password on the front page of the Claim Form (right hand side).

                            If you don't do this you may get a Default Judgment (CCJ).

                            Post on the forum if/when you hear anything from Moriarty Law in response to your CPR 31.14 Request.

                            Di
                            Legal Disclaimer

                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • Originally posted by Diana Mayhew View Post


                              Not quite

                              It's vital that you go online at MCOL and file your Acknowledgment of Service stating you intend to defend all of the claim.

                              Use the password on the front page of the Claim Form (right hand side).

                              If you don't do this you may get a Default Judgment (CCJ).

                              Post on the forum if/when you hear anything from Moriarty Law in response to your CPR 31.14 Request.

                              Di
                              Sorry forgot to say already done that

                              Comment


                              • Originally posted by debrag View Post

                                forgot to say already done that
                                Good, that means you've prevented the Claimant from getting a Default Judgment (CCJ) for missing that AOS deadline.

                                You now need to diary date the deadline for filing your Defence, which will be 33 days from the Claim Issue Date.

                                Di
                                Legal Disclaimer

                                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                                Comment

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