Claim Form

[rockwell]

Hello All,
Having successfully seen off Barclaycard and Cap One thanks to this forum, I have now received a CC claim form (commencing Tues 5th June) relating to care home fees owed to the local County Council and outstanding since 2013.
The outstanding fees are for a relative and the original request arrived after my relative died and the small estate was dispersed. I initially paid £800 but lost my part time job and could not make any further payments. On reflection I probably should have made token payments to keep them at bay but somehow (my fault) it drifted.
I really have no defense here and also feel morally obliged to make amends as my relative received very good care. Could I revert to the law firm acting on behalf of the County Council and perhaps suggest a payment of 25% (borrowed) and a monthly small payment thereafter on the basis that they withhold action? The claim is for £5,600 including interest at 8% and legal fees, court fees etc.
Slightly in my favour is the fact that I have no assets (house in my wife's name) and no income other than a basic state pension. I have a 12 year old car which is essential for us as we live in an isolated area.
Would greatly appreciate some advice here as I would ideally like to avoid a CCJ. Although with a basic state pension and commitments to help support a family I'm not sure how much a judge could realistically squeeze out of me!

[Never-In-Doubt]

Re: Claim Form

Hi - please bear with us, have notified solicitor and you'll get a response shortly.....

[Joanna Connolly Solicitors]

Re: Claim Form

Who is named as the Defendant on the claim form?

Is it "Mr or Mrs Rockwell" or is it "The Estate of Relative Rockwell"?

Have you received invoices from the Local Authority in the past and are/were they accurate?

Was there a Will when Relative died? If so who was the Executor or Administrator?

How long after the Relative died (and the estate distributed however small) was the bill presented?

You may have received a claim but that doesn't necessarily mean you owe the sum claimed. Can you email a copy of the Claim Form to Niddy using webmaster@all-about-debt.co.uk and we'll take it from there.

Di

[rockwell]

Re: Claim Form

Thank you Niddy.

[rockwell]

Re: Claim Form

Hi Diana, Many thanks for your mail.

Defendant is Mr. Rockwell.

Invoices received in the past and were accurate. £800.00 already paid.

There was a will and I was the Executor and beneficiary.

Will check timing between relative dying and distribution and will revert asap.

Will email copy claim form to Niddy.

Will respond with further info later today. Thank you for your help.

[rockwell]

Re: Claim Form

Morning Niddy, scanner on my antique printer not working....will send copy claim form later this morning.

[rockwell]

Re: Claim Form

Diana, if ok I will send some further info later today.

Is it possible for me to request an extension from the court? or can I only do this if I lodge a defence?

Best wishes R

[Joanna Connolly Solicitors]

Re: Claim Form

Diana, if ok I will send some further info later today.

Is it possible for me to request an extension from the court? or can I only do this if I lodge a defence?

You need to go online (MCOL) and tick the box stating you "intend to defend all of the claim" on the Acknowledgement of Service page. Don't enter anything in the "Defence" box which is an easy mistake to make.

Whatever happens don't tick the box which says "Part Admission" even if you think you my owe the money or you'll get a CCJ!

The deadline for filing the AOS is 19 days from the claim Issue Date (top right on the first page N1).

Once you have done that you will have 33 days from the claim Issue Date to file your Defence.

If you can't do it online (the MCOL website can be temperamental) then do it by post but send it Royal Mail Recorded Delivery or at least get Proof of Posting.

Once you file the AOS online the system puts a bar on the database so the Claimant cannot enter a Default Judgment (CCJ).

Looking ahead, once you file a Defence the Claimant has 28 days to inform the court if they intend to continue with the proceedings. If they don't do that then the claim becomes 'stayed' (a pause button).

If they tell the court they want to keep going then you'll be sent a Directions Questionnaire (a form) where you can tick the box for free telephone Mediation. Any settlement agreed at Mediation is legally binding but it's not a CCJ (unless you breach the terms of the settlement).

But first things first - we need to see the claim form and why the Claimant thinks they have the right to claim the money from you (personally) not the "Estate of Relative" etc. All should be revealed in the Particulars of Claim.

Cross each bridge as you get to it

Di

[rockwell]

Re: Claim Form

Diana, thank you, you're a star! Will deal with MCOL today. Will definitely tick Mediation as would like to avoid a CCJ if possible.

Copy claim form sent to Niddy this morning. May have got my timeline wrong re. County Council invoices - the first may have arrived a matter of days following relative's death.

Will get back to you soon.

[Joanna Connolly Solicitors]

Re: Claim Form

May have got my timeline wrong re. County Council invoices - the first may have arrived a matter of days following relative's death.

There should be an email in your Inbox from me

Di

[rockwell]

Re: Claim Form

Hello everyone, i'm trying to respond to a MCOL claim online. The systems requires a "Defence Pack Password" to be inserted along with my user ID. This password apparently should be on the claim form but is nowhere to be seen so can't log in!

Does anyone know what I'm overlooking or missing here?

[Joanna Connolly Solicitors]

Re: Claim Form

i'm trying to respond to a MCOL claim online. The systems requires a "Defence Pack Password" to be inserted along with my user ID. This password apparently should be on the claim form but is nowhere to be seen so can't log in!

Does anyone know what I'm overlooking or missing here?

Because the claim wasn't issued by MCOL

Call the county court named on the first page of the claim form. They should be able to tell you what to do about filing your AOS.

Di

[rockwell]

Re: Claim Form

How completely stupid of me!! I thought all CC claims were generated via mcol and could be dealt with either online or manually.

Thanks Diana, will fill in the paper version as per your advice and send tomorrow morning.

[rockwell]

I am in the County Court early December regarding the above. A defence has been filed (by Jo) and a witness statement submitted. On the surface it appears to be a slam dunk for the County Council.and unfortunately I cannot pay the claim.

A couple of questions if anyone is available:

1. I have no assets other than an 11 year old car with a vast mileage on the clock ....I need this to take my step daughter to college every morning, we live in an isolated area with virtually no public transport. Can this be seized by bailiffs? Should I immediately transfer this into my wife's name? Also, at what stage do I advise the court of my dire financial situation....does this happen during the hearing? The local council have a reputation for going for the jugular!

2. I live on just under the basic state pension and have no other assets or financial resources. All bills, house etc in my wife's name. I am of course willing to make a payment gesture but this would be minimal as little or nothing left after food and fuel expenses. Any advice or suggestions greatly appreciated..

[rockwell]

I am in the County Court early December regarding the above. A defence has been filed (by Jo) and a witness statement submitted. On the surface it appears to be a slam dunk for the County Council.and unfortunately I cannot pay the claim.

A couple of questions if anyone is available:

1. I have no assets other than an 11 year old car with a vast mileage on the clock ....I need this to take my step daughter to college every morning, we live in an isolated area with virtually no public transport. Can this be seized by bailiffs? Should I immediately transfer this into my wife's name? Also, at what stage do I advise the court of my dire financial situation....does this happen during the hearing? The local council have a reputation for going for the jugular!

2. I live on just under the basic state pension and have no other assets or financial resources. All bills, house etc in my wife's name. I am of course willing to make a payment gesture but this would be minimal as little or nothing left after food and fuel expenses. Any advice or suggestions greatly appreciated..