This is page 1 of 1 (This thread has 19 messages.)
Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.
Help needed please. I was sent a claim form from the county court for a debt I have not paid. I've negotiated a payment plan and I was going to fill the form in online but I can't and the 14 day ends today..
have I done this right? I've negotiated a payment plan so the company I owe the money to are aware that I'm going to pay them, I'm late sending the form back to them though as it should have been sent back to them by today. Will they still take me to court? I've never been in this situation before and I'm unsure what I'm doing.
send it back to anyway if by any chance you then get sent a court date (you shouldn't), write to the court and copy to the company saying you've negotiated a payment plan and are up to date with your payments, and ask for the court date to be cancelled.
well they do, but there is a real live person in the office doing it, and if a letter hits the file confirming you have a payment plan in place (they will want to see confirmation from the company, not just you though), they won't list it for a hearing
they are very very keen on saving money and don't want people in court unless they really should be there
I've got to send the form to the company, I was going to enclose a copy of the reciept to say that I had made a payment. It's a nightmare because I have not been paid yet so I'm sending almost everything I have.
So, I send them off tomorrow, the company recieve them on Monday, do they contat the court to say they have recieved a payment and the forms, the court then hold it until I have either A) payed it off or B)fudged it and can't pay? One it's payed do the court not take any further action and it does not go on my credit file as a CCJ?
I don't think they'll mind taking me to court, they will slap me with the costs.
hey listen a CCJ is only registered when (A) you have a judgment made against you and (B) you haven't paid in accordance with the judgment (usually within 14 days of the order being made), so don't worry about that.
If you have arranged a payment plan and made a payment, then the company should tell the court, and it will probably ask for the claim to be stayed (ie stopped). If you then stop making payments, the company will contact the court again to revive the claim, and that is when you will get a hearing date.
If the company don't tell the court, and you get a hearing date anyway, then write to the court (copied to the company) explaining that you have a payment plan agreed with the co and you are up to date with it. they should then stay the matter, or if not just turn up to the hearing, tell the court that you are making payments etc, and the judge will probably give the company a ticking off for even turning up in the circumstances.
they can't slap you with costs, only a judge can slap you with costs
and if they turn up to a hearing in relation to a debt which they have agreed a payment plan for, and which you are making all your payments on, then the judge will be asking YOU what costs YOU have incurred and making THEM pay them!