County Court Claim

by Jay Sat Oct 07, 2017 3:07 pm

Hi,

I have sent the three letters process and the Moriar*yLaw ignored my letters and send me a county court claim.

What do i do now? I don't know much time, please help.

Thanks

by Tiggy Sat Oct 07, 2017 4:23 pm

What's the issue date of the claim?

What's it for?

What's the approximate value?

by Jay Sun Oct 08, 2017 1:16 am

Hi there,

Issue date was 4th of october. It was for payday, I borrowed some money from uncle buck way back. Uncle buck marked my credit file as satisfied and there is a balance of 192. It was sold to MMF now it was sold this new company.

I asked them to provide all the original document so they send me a copy of the credit agreement with my name on it. so I sent the 3rd letter 10 days ago.

Now the court asking to pay £282.42

What shall i tell the court? I have the tracking numbers for all the letters I have sent.

by petesomething Sun Oct 08, 2017 4:53 pm

HI JAY

You have 14 days to reply , from issue date
The a agreement must be a true copy , can you read the terms and conitions the interest rate , On the claim form you can say , i am willing to pay the debt if they can prove they legally own the debt, but they have failed to do so , and you will defend against any solicitors and court cost , and you deem this as a vindictive act to gain money without any legal proof of ownership,

you have the 3 letters and tracking numbers to show this ,

they may back down before court day , but you must go to court if you need to or you will lose by default and they will ask for full amount in one go , in court if you did lose you can ask to pay weekly,
but stay strong you may win or they may back off,

THE NEW DCA did they buy the debt

by Jay Mon Oct 09, 2017 11:58 pm

They did not even send me a break down of the money I paid and stuff. So I will challenge this. I am going to send the court the copies of the letters, I have sent also the copy of the royal mail tracking receipt. So they can deny that they did not receive the document.

is it possible to sue/complain against the company for going to court without replying to my letters in a proper manner?

by **Lopsum** Tue Oct 10, 2017 2:24 am

by all rights you should.I dont know of anyone that has sued though.

by Tiggy Tue Oct 10, 2017 11:59 am

Jay wrote:They did not even send me a break down of the money I paid and stuff. So I will challenge this. I am going to send the court the copies of the letters, I have sent also the copy of the royal mail tracking receipt. So they can deny that they did not receive the document.

is it possible to sue/complain against the company for going to court without replying to my letters in a proper manner?

The Pre Action Conduct protocol allows you to apply for a stay on proceedings if they've failed to respond in full to your requests for further information. The problem with a stay is that they can apply for it to be lifted at any point and for the proceedings to carry on.

However, if you're on benefit or low income it doesn't actually cost you anything to apply for a stay, if granted it would cost them £255 to get it lifted - given the low claim value it probably wouldn't be worth their while.

You would still need to acknowledge service of the claim within 14 days AND submit your defence within 28 days though - failure to keep to this timeframe will result in a Judgement by default.

by Jay Wed Oct 11, 2017 12:01 pm

I have submitted a defence online. the company that put the county court claim, they received my 3rd letter on the 3rd of October and they submitted the claim on the 4th. this shows they can't be bothered to provide the documents that i have requested.

by Tiggy Wed Oct 11, 2017 12:57 pm

Jay wrote:I have submitted a defence online. the company that put the county court claim, they received my 3rd letter on the 3rd of October and they submitted the claim on the 4th. this shows they can't be bothered to provide the documents that i have requested.

What did you submit as you defence?

by **daveiron** Wed Oct 11, 2017 2:13 pm

Hi jay,

Did they send you a copy of The Pre -Action Protocol for Debt Claims.
It came into force on the 1st Oct

If not I would search for it and download the pdf .
Check out sec 5. Disclosure of Documents

by Tiggy Wed Oct 11, 2017 3:54 pm

daveiron wrote:Hi jay,

Did they send you a copy of The Pre -Action Protocol for Debt Claims.
It came into force on the 1st Oct

If not I would search for it and download the pdf .
Check out sec 5. Disclosure of Documents

They will only have started sending out the new Pre Action Protocol on 1st October, which means for this claim the old one will still apply as they will have commenced the proceedings before 1st October 2017. There's probably going to be an overlap for the next 40 days or so.

by **daveiron** Wed Oct 11, 2017 4:35 pm

Jay stated " they submitted the claim on the 4th"

by Tiggy Wed Oct 11, 2017 10:10 pm

daveiron wrote:Jay stated " they submitted the claim on the 4th"

He said it was the issue date of the claim form, it usually takes the Court at least 10 working days to issue the claim form from the proceedings being started on the Mcol system.

by Jay Sun Oct 15, 2017 1:30 am

so they have submitted on the 24/25th of the September? County court letter claim is date 4th.

by the way the court sent me a letter for my defence that I have submitted online.

County Court Claim _2017110

What shall i do now?

by Jinxer Sun Oct 15, 2017 2:56 am

I would wait and hope they don't respond within 28 days and then the action is stayed and as has been said it will cost them 255 quid to get the stay lifted.

by petesomething Sun Oct 15, 2017 12:31 pm

Hi jay

Lets hope they dont reply within the 28 days, and give up,
however they may not give up, dont get false hopes up .
1/ You could get a letter with discount,
2/ get a letter from their solicitor with the court and solicitor fees/ they do this to scare you off
3/ or they may just proceed/ they know 90% of people just dont turn up for court, and they win by default,,,,so always go,

1/ you may win:D
2/ if you did lose you can ask for a payment plan

warning if you dont go ,their solicitor will ask for full payment in one go, and the court will give them that,

you just have to wait and see,

if you go to court a tactic some solicitor will use , will to come up to you and try to be nice before you go into the court , they do this to throw you off your stride. so be nice and just tell him or her to go away

in court its just a table , you sit on one side the solicitor sits on the other side and the judge sits on the end of the table

by Jay Sun Oct 15, 2017 2:08 pm

Thanks for the advice guys. I will not back up this time. I will go to Court if I have to.

by Jay Fri Oct 20, 2017 5:03 pm

I received the letter from that company stating that their client want to proceed with the claim. I guess I will see them at Court.

I live in london. does anyone know where is the hearing going to be held?

by Tiggy Fri Oct 20, 2017 5:16 pm

Jay wrote:I received the letter from that company stating that their client want to proceed with the claim. I guess I will see them at Court.

I live in london. does anyone know where is the hearing going to be held?

You'll receive from the Court an allocation questionnaire, in there you get to nominate your nearest local court.

by Jay Fri Oct 20, 2017 5:17 pm

If i lose, are they going to put a CCJ on my name? how does the work?

by Tiggy Fri Oct 20, 2017 5:30 pm

If you lose the case at a final hearing then yes, you get a CCJ against you and will be ordered to pay the full amount.

At that stage you can either apply for a redetermination hearing and offer a low amount per month or you can apply to vary the order and again offer a lower amount.

If you need to avoid a CCJ then you can try to settle out of court under what's known as a Tomlin Order.

If you're not bothered about a CCJ you can take it all the way and hope they'll either discontinue the claim or not turn up at the hearing.

by Jay Fri Oct 20, 2017 6:00 pm

If I lose and I make the payment in full within 30 days. then they should remove the CCJ right?

by Tiggy Fri Oct 20, 2017 6:59 pm

Jay wrote:If I lose and I make the payment in full within 30 days. then they should remove the CCJ right?

I think it's 28 days, you have to send proof of payment to the Court with a certificate of payment (I think) can't remember the name of the form.

by petesomething Fri Oct 20, 2017 7:20 pm

Hi Jay,

You will get a CCJ if you lose. On your claim form you will have a incoming and outgoings, the judge will be able to see what you can afford, so make sure you put all your incoming's and outgoings on there.

Also if you did lose in court, I think it may be 28 days also. But remember court costs and solicitors fees will be added on top. But by going you have a chance, either they will pull out before the court date, or you could win.

Some general information, if anyone needs to go to court and does not go, the solicitor will want the full amount even though the judge can see your incoming's and outgoings from the claim form. And the solicitor will be granted this. And if you cannot afford to pay the full amount, you could get bailiffs at your door.

So please, always turn up for court.

Also after court if you do not turn up, the Debt collection agencies will not accept a payment plan, they will want the full amount in most cases.

If you are worried about going to court, please ask a friend or family member to go with you. But if you cannot, or if you start to have panic attacks and you know 100% that you will not go, you will need to get in touch with the debt collection agency before the court hearing, where they will be more willing.

I personally would never do this. But we are not all the same.

by Jay Sun Oct 29, 2017 9:08 pm

Hi,

I have recieved this from the court, please advice. thanks.

County Court Claim Dsc_1410

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