I replied to my claim form but still got a judgement?

[winu]

I replied to the response pack I got sent on the 9th July, said I was willing to settle but I could not pay the whole lot up front and did not hear anything from Dryden Fairfax and then got a judgement yesterday which was dated 16 July! I would have thought they would have the decency to reply to the response pack I sent them (it stated to send all documents/payments to them).

 

I'm really annoyed as I assume I now have a CCJ? I'm calling the court people in the morning to offer monthly payments and to stress my angst.

 

Any suggestions on what I should or should not be saying?

[Ganymede]

Sounds like you admitted to the debt which is why you have a CCJ.

 

If you selected anything other than "Defend All" then you will get a CCJ.

[winu]

I also said on the form about part payments, would it not have said anything in the judgement letter about setting up payments?

[renegadeimp]

It actually sounds like they did their old trick. You send the claim pack or ack online to the court, NOT the DCA's solicitor. Therefore as far as the court is concerned, you never replied so they got judgement by default.

 

However, even if you did respond, since you admitted the debt, you would have a CCJ granted against you after 30 days from date of judgement anyway, since you could not repay the full amount.

[Ganymede]

It actually sounds like they did their old trick. You send the claim pack or ack online to the court, NOT the DCA's solicitor. Therefore as far as the court is concerned, you never replied so they got judgement by default.

 

However, even if you did respond, since you admitted the debt, you would have a CCJ granted against you after 30 days from date of judgement anyway, since you could not repay the full amount.

 

 

 

If you are filling in the Admission form then it does get sent to the Claimant's solicitor.

[renegadeimp]

Depends if it was the claim pack or the actual admission form. We've had a few reports of the solicitors saying that the actual claim pack has to be returned to them. I hope im wrong.

[winu]

I had raised a dispute in the response pack too. In my judgement letter it says I did not reply, but I guess in the end it doesn't matter. Thanks for the replies.

[renegadeimp]

Which pack did you send to the solicitor. The admissions pack, or the claim form from northampton?

[winu]

I think it was the claim pack.

 

That aside, I'm happy to settle the debt but I'm wondering what would happen in the refuse my offer of a part payment?

[AndyOrch]

If they have a default judgment there is no " part payment " the debt is forthwith payable.If you want to agree a monthly payment plan then you now need to submit an application to vary the payment (N245) the fee is £45 and you complete the form with its I&E and offer of monthly payment amount.

 

This goes to the Court...not to them........for future reference you should have completed the N9A (admission form within the pack) to have avoided this.

 

Regards

 

Andy

[winu]

I spoke to the court and they confirmed no response had been received. I spoke to Dryden's who said they had got it and it was only now that they drafting a letter to send me to confirm or deny my payment offer.

 

After the run around they just gave me and the phone hangup etc. I'm not too hopeful.

[renegadeimp]

SO drydens have tricked you. They really need sorting out, especially since they are telling you to return the claim pack to them.

 

For future reference, you can acknowledge any future claim forms online. They do not have to be sent to a backstreet DCA or solicitor.

[citizenB]

domino, I will start a thread for you and leave a link here and also send one to your private mail box.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?398249-Re-I-replied-to-my-claim-form-but-still-got-a-judgement

 

Thread link for domino (post has been removed to own thread)

[batty69]

It actually sounds like they did their old trick. You send the claim pack or ack online to the court, NOT the DCA's solicitor. Therefore as far as the court is concerned, you never replied so they got judgement by default.

 

However, even if you did respond, since you admitted the debt, you would have a CCJ granted against you after 30 days from date of judgement anyway, since you could not repay the full amount.

 

First rule of CAG, NEVER speak to a DCA on the phone

Second rule of CAG, NEVER send court forms back to a DCA's solictor

[renegadeimp]

Third rule of CAG, always acknowledge the claim online through the MCOL portal and do the paperwork there, so you know where it is going.