Court Payment

[silvertaff]

I have a Court Summons regarding damage done to a downstairs flat from my property. If I offer to pay the requested amount in instalments rather than in full before the Court Hearing will I still be subject to a CCJ?

[EDDIE51]

If the summons has already been issued , it will stand unless the person who raised the complaint agrees to withdraw it.
You can ask them but I can't see why they will agree, as withdrawing the summons means they can't be certain of getting paid.

[Flonska]

Rather than simply making an offer you could start making actual payments to show your intention in the hope that the case will be withdrawn but the instalments you pay would have to be very substantial to persuade the plaintiff to withdraw. Like Eddie, I think the CCJ is likely to be registered unless you attend and can persuade the Registrar otherwise. If you have reduced the debt to a small amount you may be offered the opportunity to pay the outstanding sum within say 7 - 14 days and the CCJ held off for that period. I suggest that this is a slim hope and should not be relied upon.

[EDDIE51]

Also the plaintiff who started the case does not get the court fee refunded if they withdraw the case, so they have nothing to lose by going ahead with it . But as I said, if they withdraw the summons they can't be sure of getting paid.
Once the CCJ is paid you can apply to have a note put on your credit record that it has been satisfied in full.So it should not affect you in the long term.

[Flonska]

Even if you pay off the debt and the CCJ is marked on your credit file as "satisfied" the record will show on your credit file for 6 years. You are, of course allowed to add a "notice of correction" to the file if you wish. Others who make credit decisions about you are obliged to read any notice posted. The Credit Reference Agencies will tell you how to go about this and what you can/cannot say in the notice.

[silvertaff]

Thanks, all.