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Restons - CCJ paperwork received

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  • Restons - CCJ paperwork received

    Hi everyone

    Thank you in advance for taking the time to read my post, and for any assistance. I appreciate that there are many similar posts and I have read several to try and get a basic understanding of my situation.

    I have today received the CCJ paperwork from the court in Northampton, the claimant being Restons. The debt relates to an unsecured personal loan from Halifax that I took out for £6.5k in 2012. The loan was offered and completed via my online banking account.

    As background, I entered into a DMP after defaulting on some debts after losing my job. I was unable to keep up with payments of my rent, basic outgoings and loan etc when I was unemployed and in receipt of JSA, and a DMP seemed my best option when faced with a barrage of letters and phone calls chasing payments. I did not want to avoid my debts as I willingly borrowed the money, but needed to take a longer time to repay them due to a huge change in my circumstances.

    It was a horrible situation which spiralled into depression, medication and a horrible few months. Since then, I have managed to find a job am off the medication and have been meeting my monthly DMP payments, taking gradual steps to become debt free. I, perhaps foolishly, assumed that all of my debts were being paid each month and I just needed to continue doing the same.

    I will hold my hands up and say I am not the best at checking my post and upon returning home from visiting family over Christmas and New Year I went through my unopened mail and discovered a letter from Restons dated 25/11/16 threatening court action and a deadline of 9/12/16 to respond to them (which I had missed). I forwarded this to my DMP provider but have not yet received a response on how to proceed. Today, I received the inevitable court forms from Northampton.

    When checking my recent DMP statements, I had made payments for this debt but more recently the payments made were zero. I am assuming this could be from when Cabot acquired the debt from Halifax. Again I take responsibility for not querying this previously but naively assumed I was making the required payments.

    So I am looking for any advice possible for the best way to now proceed. I rent accommodation, have no assets of real value, and minimal savings. Just to complicate things I will be moving abroad within the next 6 weeks to start a new job. Obviously I would like to avoid a CCJ if possible as I had started to see a gradual improvement in my credit rating - but accept that through my fault this may well now be inevitable.

    Any help is greatly appreciated.
    Tags: None

  • #2
    Re: Restons - CCJ paperwork received

    Hi drf86 & welcome to LB.

    First step is to acknowledge the claim with court asap.
    This will then give you a month or so to assess your legal position.
    For the time being, defend in full.
    If you live in England/Wales, do not contest jurisdiction.
    Do not enter a written defence.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Restons - CCJ paperwork received

      tagging [MENTION=87380]Diana M[/MENTION] [MENTION=48934]Debt Camel[/MENTION] xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Restons - CCJ paperwork received

        Originally posted by drf86 View Post
        Hi everyone

        Thank you in advance for taking the time to read my post, and for any assistance. I appreciate that there are many similar posts and I have read several to try and get a basic understanding of my situation.

        I have today received the CCJ paperwork from the court in Northampton, the claimant being Restons. The debt relates to an unsecured personal loan from Halifax that I took out for £6.5k in 2012. The loan was offered and completed via my online banking account.

        As background, I entered into a DMP after defaulting on some debts after losing my job. I was unable to keep up with payments of my rent, basic outgoings and loan etc when I was unemployed and in receipt of JSA, and a DMP seemed my best option when faced with a barrage of letters and phone calls chasing payments. I did not want to avoid my debts as I willingly borrowed the money, but needed to take a longer time to repay them due to a huge change in my circumstances.

        It was a horrible situation which spiralled into depression, medication and a horrible few months. Since then, I have managed to find a job am off the medication and have been meeting my monthly DMP payments, taking gradual steps to become debt free. I, perhaps foolishly, assumed that all of my debts were being paid each month and I just needed to continue doing the same.

        I will hold my hands up and say I am not the best at checking my post and upon returning home from visiting family over Christmas and New Year I went through my unopened mail and discovered a letter from Restons dated 25/11/16 threatening court action and a deadline of 9/12/16 to respond to them (which I had missed). I forwarded this to my DMP provider but have not yet received a response on how to proceed. Today, I received the inevitable court forms from Northampton.

        When checking my recent DMP statements, I had made payments for this debt but more recently the payments made were zero. I am assuming this could be from when Cabot acquired the debt from Halifax. Again I take responsibility for not querying this previously but naively assumed I was making the required payments.

        So I am looking for any advice possible for the best way to now proceed. I rent accommodation, have no assets of real value, and minimal savings. Just to complicate things I will be moving abroad within the next 6 weeks to start a new job. Obviously I would like to avoid a CCJ if possible as I had started to see a gradual improvement in my credit rating - but accept that through my fault this may well now be inevitable.

        Any help is greatly appreciated.
        Hi,
        Restons is a firm of " solicitors" they wont be the claimant, Cabot is more likely.

        What type of account was this, current account / overdraft/ loan/credit card?

        Have you acknowledged service of the claim?
        If not do so online, instruction are on the claim form. State intention to defend in full but do not enter and defence at this stage. Once acknowledged you will have 28 days from the issue date on the N1 claim form.

        nem

        Is the claim for £6.5 K now or has it reduced.

        Comment


        • #5
          Re: Restons - CCJ paperwork received

          Thank you so much for the help so far.

          First step, I will acknowledge online.

          I had a current account with Halifax, the debt is a loan that I took out with them online. Amount being claimed is £6,788 (not including court fees etc).

          Comment


          • #6
            Re: Restons - CCJ paperwork received

            Originally posted by drf86 View Post
            Thank you so much for the help so far.

            First step, I will acknowledge online.

            I had a current account with Halifax, the debt is a loan that I took out with them online. Amount being claimed is £6,788 (not including court fees etc).
            Ok ne we know it's a loan, the first steps after acknowledging the claim.

            1. A request under the provision of the Consumer Credit Act for a copy of the loan agreement (CCA Request) template in the green box above. There is a £1 Statutory Fee to pay use a Postal Order for this and mark it " For Statutory Fee Only" and send by signed for post.

            2. A request made under the provision of Civil Procedure Rule 31.14 (no fee) this is for the documents mentioned in the particulars of the claim. This goes to the solicitors by signed for post. Template in the green box.

            3. Please type in the particulars of claim word for word so we know exactly what we are dealing with.

            nem

            - - - Updated - - -

            Originally posted by drf86 View Post
            Thank you so much for the help so far.

            First step, I will acknowledge online.

            I had a current account with Halifax, the debt is a loan that I took out with them online. Amount being claimed is £6,788 (not including court fees etc).
            Ok ne we know it's a loan, the first steps after acknowledging the claim.

            1. A request under the provision of the Consumer Credit Act for a copy of the loan agreement (CCA Request) template in the green box above. There is a £1 Statutory Fee to pay use a Postal Order for this and mark it " For Statutory Fee Only" and send by signed for post.

            2. A request made under the provision of Civil Procedure Rule 31.14 (no fee) this is for the documents mentioned in the particulars of the claim. This goes to the solicitors by signed for post. Template in the green box.

            3. Please type in the particulars of claim word for word so we know exactly what we are dealing with.

            nem

            Comment


            • #7
              Re: Restons - CCJ paperwork received

              CCA Request || CPR 31.14 Request

              Comment


              • #8
                Re: Restons - CCJ paperwork received

                Apologies yes the claimant is Cabot.

                Particulars of claim:

                The Claimant claims payment of the overdue balance due from Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Nov 21 2012 and assigned to the Claimant on Jun 24 2016.

                PARTICULARS a/c no ************

                Date - 24/11/2016

                Item - Default Balance

                Value - £6788.72

                Post Refrl Cr NIL

                Comment


                • #9
                  Re: Restons - CCJ paperwork received

                  How much have you been paying this debt before it stopped for some reason?

                  How large are the other debts in your DMP? Who is running your DMP? What is your monthly DMP payment?

                  Was there any PPI on this debt?

                  Comment


                  • #10
                    Re: Restons - CCJ paperwork received

                    My overall DMP has around £17k remaining. I am currently working away so do not have the total amount paid towards the Cabot debt to hand.

                    My DMP is with Stepchange, I have spoken to an advisor who basically just said to fill in the admission form and they will send with my budget. Any advice with this would be appreciated!

                    I have not checked for PPI on the debt, can anyone suggest a straightforward way of doing this?

                    I have acknowledged the claim, and have drafted the CCA and CPR requests that are ready to go but am not unsure how to proceed based on what Stepchange have said?

                    Once again thank you to everyone who has taken the time to assist me.

                    Comment


                    • #11
                      Re: Restons - CCJ paperwork received

                      Hi everyone

                      I have received a reply from Restons this morning, the content of the letter as below:

                      We acknowledge receipt of you recent request pursuant to CPR 31.14.

                      We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."

                      We would also remind you that CPR 31.14 states :-

                      "A party may inspect a document mentioned in -

                      (a) a statement of case
                      (b) a witness statement
                      (c) a witness summary; or
                      (d) an affadavit"

                      You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

                      Although your letter states that you require the requested documents in order to file a Defence/Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what he claim relates to, namely:

                      a) the date the account was opened
                      b) the account number
                      c) the outstanding balance
                      d) the name of the original creditor
                      e) the fact that the account has been assigned to the Claimant and when it was assigned.

                      We trust this clarifies matters.


                      As always, any help with this is greatly appreciated.

                      Comment


                      • #12
                        Re: Restons - CCJ paperwork received

                        usual template response from them, but until allocation they should (will not no doubt) supply

                        Comment


                        • #13
                          Re: Restons - CCJ paperwork received

                          Hi everyone

                          No reply yet from Cabot to my CCA request.

                          My defence is due within the next few days, would anyone please be able to point me in the direction of a defence that I could use as a guide to amend for my own situation?

                          Many thanks

                          Comment


                          • #14
                            Re: Restons - CCJ paperwork received

                            Originally posted by drf86 View Post
                            Hi everyone

                            No reply yet from Cabot to my CCA request.

                            My defence is due within the next few days, would anyone please be able to point me in the direction of a defence that I could use as a guide to amend for my own situation?

                            Many thanks
                            Hi Template for you to amend to suit your case are in the green box above.

                            nem

                            Comment


                            • #15
                              Re: Restons - CCJ paperwork received

                              Defence Example

                              Comment

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