what should i do?

jimbo · Joined: 29 May 2007 Posts: 1

I have revived an email from debt managment company, Telling me that someone is coming round to hand a court summons to me. I have set up a payment plan with them and it was meant to start on the 4th of may. I asked them a few times if they could change it to my pay day which is the 27th. I was not in anyway avoiding paying them, just needed to change the date. Firstly i wondered if they can just come round and hand me a summons or does a court issue them. Secondly is it right for them just to pursue in this manner just because i needed to change the payment date and the only problem would have been is the payment being 3 weeks from the date they set. Is there anyway to stop litigation either by contacting the company i owe the money too or another way. The balance is only £195.

John · Posted: Tue May 29, 2007 2:48 pm Post subject: What you should do

Dear Jimbo.

Thank you for your post.

What you should do is contact the Debt Collection Agency and advise them of the reason you have had to change your payment date. They may then sanction another repayment programme, to which you should adhere.

Some collections agencies may use very strongly worded letters to get people to respond to their correspondence as they know (historically) that the 'friendly-friendly' approach to debt collection does not always give them the same results.

You must act on this letter rather than ignore it. Offer them the maximum you can and ask them to freeze any interest that may be accruing on the account. This may well stop them from using the County Court system to recover the money.

If you do receive a County Court Claim (formally known as a County Court Summons) it will be sent by the Court, not the Creditor.

You will receive the following documents on blue paper:-
1. The 'Claim Form' - containing details of the creditors claim and possible additional costs.
2. An 'Admission Form' N9(a) (as it is known) - for you to complete. You will need to detail your income and expenses, be realistic. There is a section for you to make an offer of payment if you are not in a position to pay the amount in full.
3. Defence and Counter-claim form N9(b) - you must only complete this if you dispute the claim.
4. An 'Acknowledgement of Service' - for completion and return if you need more time to respond. A Claim form MUST be dealt with within 14 days. Should you need more time, you should return the Acknowledgement of Service at once.

If you need help in completing the form you may wish to take it to your local Citizens' Advice Bureau.

Alternatively, you can also submit your Admission Form on-line. Instructions on how to do this will be shown on the Claim Form.

I hope this information helps you.

Regards.
John McKeown - ClearDebt Insolvency Advisor.