CCJ hearing

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harrodine

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Post by harrodine » Tue Aug 07, 2007 8:50 pm
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Hi ALL
I have a pending CCJ hearing in 10 days.
I have borrowed the money to clear a lot of my debt but would like to offer a full and final payment to avoid a CCJ and make this loan go a little furthur with repaying my debt. Do i make the offer to the court in the form of a letter or do i contact the bank in question before the court date?
many thanks
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Storm

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Post by Storm » Tue Aug 07, 2007 8:57 pm
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Have you been defending the action or do you mean you time to respond expires in 10 days ??
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harrodine

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Post by harrodine » Tue Aug 07, 2007 8:58 pm
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[I have 10 days left to respond to the claim.
It hasnt been heard in court yet.
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Storm

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Post by Storm » Tue Aug 07, 2007 9:04 pm
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Couple of options -

a. Pay the full amount detailed on the claim form including court fees etc within this time (remember to allow time for it to reach the creditor)

b. Complete forms N9 / N9A admitting the claim and ask for time to pay.

With (A) you won't get a CCJ with (B) you will.

You are past the negociating an offer stage.If you want to write to the creditor and make an offer you can but I have no doubt they will secure a CCJ before you get a response.
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harrodine

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Post by harrodine » Tue Aug 07, 2007 9:26 pm
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Can i buy myself some time by contesting the amount of the judgement? They have added £2500 in late fees and charges in the last 12 months,do you know if this is this something the court will take into account?
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Storm

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Post by Storm » Tue Aug 07, 2007 9:35 pm
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You could file a defence but beware once you do this you may start to incur legal fees / costs orders relating to the Claimant.

If you want to persue this route complete form N9B in the claim pack.

Your defence of part of the claim ie the £2500 needs to be outlined in some detail - no emotion !! just facts.

If you want to use the excessive penalty charges as a defence you will need to outline the legal argument etc at some point.

And remember this delaying tactic can end up costing you with additional legal / court costs.
Last edited by Storm on Tue Aug 07, 2007 11:00 pm, edited 1 time in total.
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harrodine

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Post by harrodine » Tue Aug 07, 2007 9:45 pm
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Thanks Storm
I think i will have to pay the entire amount and try and claim the charges back through other routes.
I better get in touch with my other criditors and make them an offer quick.

Any idea what the usually accepted offer to make on a full and final settlement?
again many thanks for your advice
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