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Small claims process (as defendant)

2 replies

PinkParsnips · 10/10/2013 18:42

Without going into lots of detail, I have a dispute regarding a rolling contract that I (and many,many others) feel I was conned by and so far I have refused to pay. This was as a sole trader rather than consumer if that makes any difference.

The debt has been passed to a debt collection agency who rang me today to say it would be going to court and that I would lose, which although morally I believe I'm 100% in the right I fear because I signed something, although not what I believed I was signing, they could well win. I told them fine, I'm on maternity leave and no longer trading so cant afford to pay anyway (about 300 pounds)

I would like to wait and see if they do actually take it to court. My questions are:

Is there a timescale in place that they would have to issue court proceedings?

Will there still be a chance to settle out of court / agree a payment plan if I decided that was best option?

At what point, if any, will this affect my personal credit rating?

Thanks

OP posts:
prh47bridge · 10/10/2013 20:58

They have 6 years to issue court proceedings.

When they make the claim you can still settle out of court.

It goes on your credit record if judgement is made against you. If you pay within one month of judgement you can apply to have it removed from your record.

PinkParsnips · 11/10/2013 10:26

Ok great thanks for replying that's very helpful.

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