Ask a Law Question, Get an Answer ASAP!
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
The problem is they have issued the claim last month - you will definitely need to respond to the proceedings otherwise the claimant company can and will obtain judgment in default, meaning a court order requiring you to pay. If you did not pay then you end up with a CCJ on your record for 6 years during which time they can enforce it in a number of ways. The court will have written to you at the address the claimant used. You should have the response pack from the court to be able to defend the claim or admit to what you owe. You say that you "replied and objected" but I don't know if you mean you replied to the court or the claimant. You do need to reply to the court. They have probably written to your last address. They are supposed to have sent you a letter before action to give you 14 days to pay before they took court action. If they can prove they sent this then they are not in breach of the pre action protocol. So what this comes down to is whether you have replied to the court or not. The claim was only issued on 24th May according to your question - it would be deemed served on you on 26th - you then have 14 days to reply to the court so that's by 9th June which is next week. You need to respond otherwise they will win by default.
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
No, as long as you have filed the defence then this will be a disputed claim. It's only if they win and you do not pay the judgment after 30 days that the CCJ goes on your credit record. But it sounds like you have replied and defended the claim which is fine. The case will progress - the court will send you a questionnaire in the post shortly to ask for details of the dispute. You should write to the claimant to try and settle this now.