CCJ Issued despite reply

[Lewis24]

Hi All,

 

Im new here and need a little help.

 

Last month I received a County Court Claim form for a large Credit Card debt which i had.

 

I completed the Admission form with details of my outgoings etc and made an offer on the form for a small £30 monthly payment (All i can afford)

 

The form was sent off by Special Delivery on the 13th Day after the 5 days allowed service (Apparantely I had 5 days plus 14 to reply)

 

The solicitors who issued the claim should have received it by Special Delivery on the 14th Day (just within the timeframe), however they were closed on that day (Saturday) and Royal Mail delivered it on the next day they were open which was a Monday.

 

I have heard nothing from the solicitors regarding the offer of repayment, however today i got a letter from the court saying that a CCJ had been issued by default and that I was to pay the full amount to the claimant within 28 days. (The debt is large and there is no way i can do this)

 

What are my options now ??? I have proof the claimants solicitors got the form (but on the 16th day as they were closed)

 

Court has advised me to pay £30 fee and send another expenditure form in and offer of repayment, Not sure why as ive done this already ???

 

Advice needed please

[the_shadow]

You could apply for a redetermination which basically would ask the court to set the amount of payments (I believe this is what the court has advised you do?) or you could I suppose apply to set aside the default judgement on the grounds that you did reply but it seems extreme when you will be admitting the claim anyway.

 

Edit: Did you send the form back to the court as well as the opposing solicitor or just to them?

 

S.

[liquidauctions]

If you can prove you sent it off in time then you can get it set aside. If you sent it late then set aside wont work.

[Ganymede]

What was the date of the Order?

 

Could it not just be that the Claimant rejected the payment offer and requested a forthwith judgment, especially as you say that the debt is very large.

 

What were the reasons for you delay in returning the Admission to the Claimant?

 

As the_shadow says you could apply for a redetermination but it will cost you a court fee of £40 that you won't get back.

 

I don't think a set aside is the correct way to go as you admitted the debt and are not going to defend so you will have a CCJ regardless - your issue is to how/when it will be repaid.

[Lewis24]

I only sent the paperwork to the claimants solicitor which was the address I had to reply to, they received this on the 16th Day by Special Delivery (delayed by 2 as they were closed at the weekend), I delayed sending it back as I was reading up on a possibloe defence, but never got all the info i needed in time.

 

The Judgement form is dated 05th April 2011 (two weeks later) and is for the whole amount.

 

Court has advised me to fill in a N245 form and send in with a £40.00 fee, this is the same as the form i sent in with admission form to the claimants solicitors.

 

Is this the only way to get my offer of payment accepted now ? or can i get the solicitors to accept my amount without paying a £40 fee.

 

Lewis .......................

[Ganymede]

You can ask them to agree payments but without a Court order protecting you they can ask for more or enforce etc.

 

You need a form N244 and I&E to vary the judgment and the £40 fee is for an ex parte order. If you want a hearing in person the fee is £75.

[Guest]

edit

lewis.see for eg CPR 14 and Practice Direction 14 which cover 'admissions'.if they actually 'rejected' your offer then CPR 14.10/PD 4.3 should have applied?

Edited April 21, 2011 by Ford
edit - it didn't post up properly!

[Ell-enn]

The court have advised correctly - it's an N245 form to vary judgement.

 

Who are the solicitors you sent the response to ? (I bet I can guess)

[Ganymede]

The court have advised correctly - it's an N245 form to vary judgement.

 

Who are the solicitors you sent the response to ? (I bet I can guess)

 

Either form will do.

 

But an N245 might be easier.

Edited April 21, 2011 by Ganymede

[Ganymede]

edit

lewis.see for eg CPR 14 and Practice Direction 14 which cover 'admissions'.if they actually 'rejected' your offer then CPR 14.10/PD 4.3 should have applied?

 

 

 

 

Determination of rate of payment

 

14.10

(1) This rule applies where the defendant makes a request for time to pay under rule 14.9.

(2) If the claimant does not accept the defendant’s proposals for payment, he must file a notice in the relevant practice form.

(3) Where the defendant’s admission was served direct on the claimant, a copy of the admission and the request for time to pay must be filed with the claimant’s notice.

(4) When the court receives the claimant’s notice, it will enter judgment for the amount admitted (less any payments made) to be paid at the time and rate of payment determined by the court.

 

 

PD

 

4.3

If the claimant does not accept the request for time to pay, he should file notice to that effect by completing Form N225A; the court will then enter judgment for the amount of the admission (less any payments made) at a time and rate of payment decided by the court (see rule 14.10).

 

 

 

Which part are you referring to specifically?

Edited April 21, 2011 by Ganymede

[Guest]

?? lewis admitted (CPR 14.4) and asked to pay by instalments (CPR 14.9 (2))? you previously said that they may have just rejected the offer. in which case 14.10/4.3 should have been followed by the claimant? if they simply ignored the request on the grounds that it was technically out of time, then that is different.

imo

Edited April 21, 2011 by Ford
can't format post properly!!??

[Ganymede]

?? lewis admitted (14.4) and asked to pay by instalments (14.9 (2))? you previously said that they may have just rejected the offer. in which case 14.10/4.3 should have been used by the claimant? if they simply ignored the request on the grounds that it was technically out of time, then that is different.

imo

 

They are slightly different. It's all down to which box to tick on the Request For Judgment but ultimately the result (ie getting a CCJ) is the same. I would imagine the Claimant would have wanted a forthwith regardless of the offer from what the OP says.

 

The thing is that they couldn't have requested a default judgment on the Friday as the OP was still in time, and if they had waited until the Monday then they would have had the Admission (but could possibly have ignored it).

 

The OP could try for a set aside but I don't see the point. Just go straight for the variation.

 

Just re-read the OP and the Order says by default but the Courts aren't always great with things like that.

[Guest]

if then it is deemed that the request was in time they would have had to have considered it (as per CPR), and then actually 'reject' the request. then the quoted CPR should apply. then would be up to the court to decide upon receipt of the required notice and copy of the admission/request which should be sent in by the claimant.

yes, there is a ccj in the end. but, if the claimant made a 'mistake' re the form, or ignored the request when they shouldn't have, and didn't follow CPR, then it is their fault. and OP is now out of pocket re the court fee, and is inconvenienced.

yes, as it is a def J it looks like the claimant has ignored the request and applied for default J, or poss made a mistake, or poss the court may have made a mistake?

imo.

Edited April 21, 2011 by Ford
typo/format

[Lewis24]

Thanks for input CAGers

 

Im going to write to the solicitors and ask them to confirm they got my admission and offer of repayment, I will also enclose copies of receipts to show it was posted and then held because they were closed, i will also ask why they went for default judgement.

 

If they dont except, Its £40 out of pocket for me and time to complete an N245 form ?

 

What could happen if i dont complete one and start making my monthly payment offer to them instead of the whole lump sum ???? I have no assets for them to take !!!

 

Any more Advice

[the_shadow]

Thanks for input CAGers

 

Im going to write to the solicitors and ask them to confirm they got my admission and offer of repayment, I will also enclose copies of receipts to show it was posted and then held because they were closed, i will also ask why they went for default judgement.

 

If they dont except, Its £40 out of pocket for me and time to complete an N245 form ?

 

What could happen if i dont complete one and start making my monthly payment offer to them instead of the whole lump sum ???? I have no assets for them to take !!!

 

Any more Advice

 

If you own the property rather than rent they could apply for a charge on the property.

 

S.

[Lewis24]

No im Renting and dont have no assets worth anything !!

[Ganymede]

No im Renting and dont have no assets worth anything !!

 

 

Depending on how serious they are the attachment of earning or even bankruptcy etc.