Legal Wrangle.. advice

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Koolvin

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I don't know what is happening but i know I am having a terrible time.

I have been issued a claim form from court (N1) from a Health and Fitness club.

The details of the claim are : contractual agreement.

I have also recieved along with this form a response pack(N9).

My questions:

If I pay the amount shown will I have a CCJ?

If I pay part amount will I have a CCJ?

If I defend the claim will I have a CCJ?


I only admit to part payment. I did offer them the amount a while ago but they refused and wanted the higher rate which is why I have this legal thing now...
 
Until a settlement has been reached you will have a CCJ unfortunatlely from what I know - well when I had one (even though I had settled and paid in full) the CCJ still remained on Credit Checks and it was hell to get the County Court to sort all out. Unless mine was a one off error or something??

Flash
 
Koolvin said:
I don't know what is happening but i know I am having a terrible time.

I have been issued a claim form from court (N1) from a Health and Fitness club.

The details of the claim are : contractual agreement.

I have also recieved along with this form a response pack(N9).

My questions:

If I pay the amount shown will I have a CCJ?

If I pay part amount will I have a CCJ?

If I defend the claim will I have a CCJ?


I only admit to part payment. I did offer them the amount a while ago but they refused and wanted the higher rate which is why I have this legal thing now...

Unless you want or dont mind having a CCJ against your name, I would go to the fitness club and offer to pay them in full if they withdraw the claim. However, they could still proceed for costs so you might have to stump up for that also.

good luck
 
A CCJ is a County Court JUDGMENT -- it means that the Court has made a ruling AGAINST you. Until and unless the Court has made a decision, there is no CCJ. This is a standard trick to frighten people into paying.

In the response pack, there will be a section that tells you what to do if you want to fight the claim -- fill that in, and send it back.

If you have good reasons not to pay, fight it. If you're not paying and you don't have good reasons, the Health Club will probably win. For amounts less than £25k, they should have issued proceedings in the Small Claims Court. However, Courts are normally sympathetic to 'litigants in person' (ie. if you choose to represent yourself) when they face up to businesses.

Also check carefully that it is ACTUALLY documents sent by a Court. Very often debt collection agencies send you 'official' looking documents which are only to frighten and are not the commencement of legal proceedings.
 
C240Sport97 said:
A CCJ is a County Court JUDGMENT -- it means that the Court has made a ruling AGAINST you. Until and unless the Court has made a decision, there is no CCJ. This is a standard trick to frighten people into paying.

In the response pack, there will be a section that tells you what to do if you want to fight the claim -- fill that in, and send it back.

If you have good reasons not to pay, fight it. If you're not paying and you don't have good reasons, the Health Club will probably win. For amounts less than £25k, they should have issued proceedings in the Small Claims Court. However, Courts are normally sympathetic to 'litigants in person' (ie. if you choose to represent yourself) when they face up to businesses.

Also check carefully that it is ACTUALLY documents sent by a Court. Very often debt collection agencies send you 'official' looking documents which are only to frighten and are not the commencement of legal proceedings.


I did not even fight the claim and paid up but for some reason they still issued a CCJ and was a long winded process to clear the CCJ against my name. All they did was issue proceedings and I immediately paid up – they did not even send me a final reminder before issuing proceedings (hence went straight to County Court). Strange Legal Sysytem we have.... :rolleyes:

Flash
 
C240Sport97 said:
This is a standard trick to frighten people into paying.

Also check carefully that it is ACTUALLY documents sent by a Court. Very often debt collection agencies send you 'official' looking documents which are only to frighten and are not the commencement of legal proceedings.

I will second that! If you are in a dispute over a Contractual matter with anyone the chances of them having obtained a CCJ against you without due process are low: you should have had a chance to defend the claim and this sounds like it is just the start.

Debt Collection agencies at this stage are really frustrating things to deal with. They have procedures run by low grade staff and will just keep churning this sort of nonsense out without thinking. But alas you cannot ignore them.

Respond directly to the Health Club, copied to the Agency, disputing their claim. Seek a negotiated settlement directly with a senior form of life at the Club, not some accounts payable clerk.

Fill in the Court forms if you have to.
 
C240Sport97 said:
This is a standard trick to frighten people into paying.
This is exactly what my sister's previous employer tried on when she was allegedly overpaid in her last salary slip. It was just words though because she had entered into no credit agreement or anything with them obviously and they would probably struggle to get a CCJ for such a small amount (£400ish?).
 
Shude said:
This is exactly what my sister's previous employer tried on when she was allegedly overpaid in her last salary slip. It was just words though because she had entered into no credit agreement or anything with them obviously and they would probably struggle to get a CCJ for such a small amount (£400ish?).

Incorrect there Schude, we are in exactly the same situation, one of our ex employees was overpaid £1200. He is liable and must pay back the money in the same way if your employer underpays you he is liable for the payment and you can take him or them to court. If your sisters previous employers want to, they will go through the small claims court to get their money which can result in CCJ's

On the original topic, there are formal procedures which muct be adhered to. You should have first received a form from the court which basically asks if you agree with the claim against you or dispute it, and if you are prepared to pay the debt either by installments or full amount.This completed form is then sent back to the court who sends it onto the originator who accept your proposal or throws it out. This then has to go back to the court who reissues it and so it goes on. The whole process can take at least a couple of months. Oh, and prior to this, the company chasing the money must have written to you asking for payment, so there should be a paper trail.
 
Geoff2 said:
Incorrect there Schude, we are in exactly the same situation, one of our ex employees was overpaid £1200. He is liable and must pay back the money in the same way if your employer underpays you he is liable for the payment and you can take him or them to court. If your sisters previous employers want to, they will go through the small claims court to get their money which can result in CCJ's
This is OT now but the reason they stuffed up is that she hadn't been working there for a complete month yet when she resigned, so she got about a fortnight in one salary slip and a month in the next. They didn't send her the salary slip at all for the second payment but they DID manage to send her a bill for a seemingly random amount of money. They never calculated any holiday entitlement and they got the name of the employer wrong on the letter. She asked for the salary slip to prove the overpayment and they said they wouldn't send it to her, but they did (accidently?) send her a P45 which proved her pay so far - not the amount they overpaid her by. Guy (with the shiny new E55 :) ) helped my sister to write a letter to them and they ended up backing down to accept a small sum each month. If they had been more organised about it they might have had a better response, they were bullying and threatening from the first letter and it quite upset my sister.

Maybe if they got their accounts in order they'd not be £800m in debt (bbc news link) ;)
 
whatever you do, don't ignore Court documents ... if you do, you will get 'Judgment in Default' which means the other side wins because you did not bother to reply/defend/fight your corner. Judgment in Default is VERY difficult to reverse.
 
C240Sport97 said:
whatever you do, don't ignore Court documents ... if you do, you will get 'Judgment in Default' which means the other side wins because you did not bother to reply/defend/fight your corner. Judgment in Default is VERY difficult to reverse.


Thats when they send the boys round afterwards but if ur other half was to say that u don't live there then they would simply go away and it would cost the claimant more money to re-send them again!!! ;) - But you do not want a CCJ to begin with full stop...

Flash
 
Flash said:
Thats when they send the boys round afterwards but if ur other half was to say that u don't live there then they would simply go away and it would cost the claimant more money to re-send them again!!! ;)
You're still liable for the cost of the bailifs! £80 per visit! They just stack it up on top of the overall bill. This is how parking fines end up being worth thousands of pounds!
 
Shude said:
You're still liable for the cost of the bailifs! £80 per visit! They just stack it up on top of the overall bill. This is how parking fines end up being worth thousands of pounds!


Absolutely true - but they would have to catch u first... and ur posesssions. Solicitors are always relcutant about Default judgements - if the defendant is even "too lasy" to defend themselves then what chance do they you have of recovering the debt/costs??? Thats the advise I was given by a Solicitor when making a claim myself....
 
They are defo. court papers.

It's only about £300 but I do admit that I owe them but that was only half the amount.

So some are saying I get a CCJ either way now that they have filed a claim? sounds very odd to me.

The claim says they are asking for £200 plus costs plus interests.

I have a letter from the health club asking for £170 so immedetly they are lying to the court. I have copies of all correspondance sent to them.

Suppose I sent a cheque but they did not cash it... who's fault would that be?
 
If u can prove u sent the cheque then you may stand a chance i.e. if u got spare stub lying around in your old cheque book or something where dates can correspond... ;) If u can prove u sent a cheque and they did not cash it then u can file what the calll a "Counter Claim..." against them.

Flash
 

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