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Help needed please. What do I do with a county court summonds if I am paying?

5 replies

silentbutdeadly · 29/09/2008 13:34

Hi.
I've name changed for this because I'm embarassed.
I recieved a summons for non payment of a debt on saturday, I have contacted the people I owe money to and offered to repay them at £100 a week until the debt is cleared, they have emailed back accepting £100 a month! Do I still have to send off the forms I recieved on Saturday? Should I set up the standing order for £100 a week as I have requested or for the £100 a month they have written in their email? Would this go on my credit file as a CCJ? This has never happened to me before. My father died a few months ago and I had funeral costs to pay. I've been looking for a job aswell so things have been getting out of control. Please don't moan at me. I'm embarassed and feel humiliated enough.

OP posts:
newforold · 29/09/2008 13:42

Reply to the summons on the form provided giving details of your income and outgoings. (there should be a form attached for this).
Make an offer to pay what you can reasonably afford. If that is the £100 per week then offer that. If in reality you would struggle to pay that for however long it will take to clear the debt then offer what you can and stick to it. (make sure it is not less than the £100 per month they have accepted though.
You can always over pay some months when you can afford to. Much better to do that than have to underpay or miss a payment.

You need to attach a copy of the email you sent and then received also.

This isn't a ccj. It would be a ccj after it had been to court if one of two things happened.

  1. you didn't reply and didn't pay.
  1. you did reply but made no offer to pay that had been accepted prior to the hearing and then continued non payment.

You should be asking that the ccj is not granted as an arrangement to pay has already been accepted.
Set up the standing order and pay it until you hear back.
You are entitled to attend the hearing date when it comes through to explain fully to a magistrate.

newforold · 29/09/2008 13:43

Sorry, forgot to add, don't be embarrassed. Lots of people are in the same position as you.

silentbutdeadly · 29/09/2008 13:48

Thankyou.
So I set up the standing order, if I do it for the £100 a month they have said I can send more when I can and then send the forms back aswell then this should be ok. The forms are from Northampton, what happens once I fill them in and send them off? Is it kept on file until I have paid it all off?

OP posts:
newforold · 29/09/2008 13:59

If the forms are from Northampton it sounds as though they filed it online as that's where all summons come from for online applications.

There shouldn't be a record of the summons on your file at all. That would only happen if a ccj was granted.

There is probably however, a default registered on your credit file if you have missed payments. It's a godd idea to get your credit file and check what is on there. If the information is incorrect you can have a notice of correction attached.
If the default was only for one missed payment, you may be able to negotiate with the company to remove it.

Once you have sent off the forms you would either receive a date for a hearing, in which case you should attend and state that you already have an arrangement to pay and want to continue that.
Or you should just continue to deal with the company the debt is with.

silentbutdeadly · 29/09/2008 14:07

Thanks. So I'll either recieve a court date or not? I've just emailed them to clarify the cost, payment dates and amounts. The amounts on the claim form are also incorrect so I have asked them for a breakdown.

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