Frequently Asked Questions at Restons Solicitors

Court Action

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Why have I received a Claim Form?

If you have received a Claim Form it may mean that we have either not been able to agree a payment arrangement with you, that you have failed to make payments in line with an agreed arrangement or because we have not heard from you.

What will happen if I ignore the Claim Form?

If you do not respond to the Claim Form, we have instructions to request that a County Court Judgment (CCJ) is entered against you in default. The Court may order you to pay this balance by instalments that you may not be able to afford or in full immediately, known as forthwith.

The CCJ will be registered on your credit file for 6 years, and may impact your ability to obtain credit in the future. However, if you are in a position to repay the Judgment balance in full within one calendar month of the CCJ being entered against you, the CCJ may be cancelled and removed from your credit file altogether.

What happens if I file a Defence?

If you file a Defence this does not mean you will not have to repay the debt. Your Defence will be reviewed by our office who will attempt to contact you to resolve the issues you have raised.

If you do not respond or we are unable to reach a resolution, further court action may be taken against you. This could include an application being made to the Court to request that your Defence be struck out.

Our application may result in a CCJ being entered against you for the full amount stated on the Claim Form, with additional court fees and costs being awarded by the Court.

You have written to me at my previous address and I was not aware of the Judgment

Legal proceedings can be issued and a County Court Judgment (CCJ) entered at your last known address. It is your responsibility to make our client(s) aware of any changes in your own circumstances, such as a change of address.

If a CCJ is entered against you, the Court has determined your liability for your financial commitment and requires you to repay the outstanding balance.

Has my credit rating been affected?

If the balance relates to a defaulted Credit Agreement a Default Notice will already have been registered and a copy sent to you by the original creditor. This will remain on your credit file for 6 years and may negatively impact on your credit rating.

If a County Court Judgment (CCJ) has been obtained against you, it will remain on your credit file for 6 years from the date that it was entered against you and may also negatively impact your credit file.

A CCJ can still exist on your credit file after the Default Notice has been removed; this is because the Judgment may have been registered against you after the Default Notice has expired.

A CCJ can be marked as satisfied once it has been paid in full or a settlement agreed. If the CCJ is paid in full within 1 month of it being entered against you, it can be cancelled. If cancelled, the CCJ can be removed from your credit file altogether.


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