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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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HiI have received a county court claim. I have been disputing

Resolved Question:

Hi
I have received a county court claim. I have been disputing the services provided up until this point. I have spoken to a lawyer who is aware of the issue, however he has advised that it is uneconomic to fight the claim in court and that I should just pay it.
I am now really concerned about my credit rating and what steps I should actually take to pay the debt. Should I speak to the debt collection agency directly and pay the money, or fill in the form N9A? If I admit to the claim, will a CCJ be lodged against me? Is there anything that I can do to prevent this?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have they added a default already?
Can you pay in full?
Customer: replied 1 year ago.

I can pay.



What do you mean added a default?

Expert:  Jo C. replied 1 year ago.
A default on your credit file.
Customer: replied 1 year ago.

I don't know. How would I find that out?

Expert:  Jo C. replied 1 year ago.
Usually by doing a credit search on yourself on something like Experian. They say it is free but it appears to me that you have to pay although it is a small amount.
Customer: replied 1 year ago.

Thanks Jo.

I've just been on Experian. Nothing registered, but it could be early days? The claim is dated 18th June so I still have time to pay/dispute. I'm not sure how often Experian would normally take to update their records.

Expert:  Jo C. replied 1 year ago.
If they had added a default then it would be there by now.
In terms of a CCJ, the only way you can escape that now is to persuade them to withdraw. They might agree to that if you pay in full or they may want their costs.
Even if you do get a CCJ though as long as you pay within 28 days of the default you can ask the credit references to remove it because it could have been a dispute over liability rather than poor money management. Although that sounds very positive it is fair to say that you would have a continual struggle though. It will be added and it will be your responsibility to write to them asking them to remove it and there is more than one credit reference agency. It can be done but it does make demands upon your time.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thanks Jo, that is helpful.

Just so I am clear on what to do next, I should complete form 9NA and send it with payment to the claimant. There are a lot of personal boxes to complete which I don't think are necessary if I am paying, but please confirm.

The creditor has given this to a debt collection agency, so they will want their fees too in order to withdraw and even then, I don't trust them enough to be sure that they would withdraw - they would probably take my money and not notify the court. If I were to try to persuade them to withdraw, should I do this before I send them the above forms and money?

If I end up with a CCJ, from googling I have found 3 main credit agencies - Experian, Equifax and Call Credit. If I just go down the admission route and end up with a CCJ, are these agencies obliged to remove the CCJ from my credit record? Is there a standard letter that I should send or do I just explain the circumstances? Do you know the timescale from notifying them to removal from their records?

Sorry for all the questions, I just need to get my next steps straight in my head!

Expert:  Jo C. replied 1 year ago.
Do you have the phone number of the person with conduct? Dont give it to me but do you have it?
Customer: replied 1 year ago.

Is the person with conduct the debt collection agency? If so, then yes. I also have the creditors number, but they claim that it is out of their hands now and refer back to the debt collection agency

Expert:  Jo C. replied 1 year ago.
Yes, they will do that. They might still take payment in full though.
Since nothing can happen until tomorrow anyway, I would do nothing but call them in the morning and make an offer to pay in full if they withdraw.
If they agree then that is great.
If not then you would have to admit the claim.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

Thanks Jo.

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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