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Response to what will happen next

from pendle (pendle_666@yahoo.co.uk)
The normal procedure when a claim form has been issued (by any creditor, not just a lender) and you put in a defence - then there is normally a hearing and a judge will give directions - instructions to both parties about what they are to do. Its at this point that your lender will have to justify their claim.

The judge makes a decision and will either grant judgement for the full amount claimed, or part of the amount or could even throw it out. Even if you offer a £1 a month, the lender, after getting a judgement could get an attachment of earnings order to force you to pay more, or in some cases, get a charging order on any property you might own or jointly own. You can get leaflets from your local court about the options open to you. The court also has leaflets on how court hearings work - they are very helpful.

Even though your defence is already filed, you can still see a solicitor. A lot of CABs do have links with local firms if your case requires more than the CAB can do, and I am surprised that your CAB didn't do this.

Solicitors needn't be as expensive as you think, and I would strongly suggest that you see one. This shortfall claim isn't just an inconvenience you know, it could affect you for many years if you let the lender get away with their claim.

Some solicitors give a free first interview, check out the Yellow Pages or ring a few of them up. Some firms will even let you pay in instalments if you tell them up front that you're strapped for cash.

(posted 8234 days ago)

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