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  1. #1
    oxfordgirl's Avatar

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    Question CCJ and Charging Order from Restons on behalf of Cabot

    Hi Guys, I'm looking for some help help on a imminent CCJ and Charging Order from Restons on behalf of Cabot
    My husband opened a Halifax credit card in xxxx. All was OK for quite a few years, but as they steadily increased the interest, from 14% to 29.99%, the repayments became unmanageable, paying £300 to pay £15 off the capital sum, reaching £xxxx.
    The account was defaulted in xxxx, and Halifax added another xxxx interest added to the account after the default date. Referred to solicitors in Scotland,who accepted £15 a month, with no additional interest. Financially things became very difficult for us and this was all we could afford.
    Debt sold to Cabot in xxxx, who also took £15 a month, which continued until xxxx, when they referred it to Restons.
    Restons have accepted £10 a month up until now and we have paid each month. Restons have now issued a claim for the county court with a threat of a charging order.
    We think Restons have left us alone until now because we lived in rented accommodation.
    Just as Restons started hassling us, my mother died at the same and left me enough money to buy a small house. Foolishly we put the house in both our names even though it was my inheritance that paid for the house. We did discuss it at the time, but went ahead anyway. By telling Restons that we moved, they must have got wind that we now own our home, although we haven't told them.
    The debt stands at xxxx, which is about 10% of the value of the house. Obviously we don't want them to put on a charging order.
    Husband also had PPI on the Halifax debt, which we intend to reclaim.
    He is intending to complete an Acknowledgement of service today, it needs to be in by tomorrow, so we have 14 days to prepare a defence.
    He plans to accept part of the debt, which is based on overcharging of interest back at the default date and outstanding PPI. He also wishes to question the need for a CCJ when Restons have happily accepted £10 a month without question for the last two years. We have also told them that we will increase payments when our business gets going which we have told them will take us another two months. Also can we ask for more time to pursue the PPI claim.
    Finally as this default is over six years old, would the CCJ show on his credit file?
    Any ideas, would be very grateful.
    Many thanks
    oxfordgirl
    Last edited by oxfordgirl; 27th April 2017 at 18:29:PM. Reason: errors in formatting

  2. #2
    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    A quick question if I may.

    You said in your post that the account was referred to solicitors in Scotland at some point. Do you live in Scotland ?

    However you also say you received a county court summons not a Writ.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    If you read this forum link it will explain the steps you need to take > http://legalbeagles.info/forums/show...322#post418322

    You say you're going to file your Acknowledgement of Service so the next step will be to send a s. 77-79 CCA Request to Cabot with a copy of it to Restons solicitors.

    You also need to send a CPR 31.14 Request to Restons.

    The link I posted has template letters to get you started.

    Then you need to send a Subject Access Request to Halifax to get the full history of this account.

    When you get a moment post up (type out) the Particulars of Claim from the claim form to see what Cabot are claiming and why they think they have the right to claim it.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    A quick question if I may.

    You said in your post that the account was referred to solicitors in Scotland at some point. Do you live in Scotland ?

    However you also say you received a county court summons not a Writ.

    Di
    No, I am in England, the solicitors were just based in Scotland

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    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Thanks Di,
    Will get on to it right away

    Regards

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    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    What is the claim Issue Date (top right on the front page)?

    You have 19 days from that date to file the AOS and then you have 33 days from that date to file your husband's Defence.

    I note there was PPI on the account. Do you have any idea how much he would have paid in premiums over the years, and would he have been entitled to have made a claim (i.e. not self employed etc)?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    What is the claim Issue Date (top right on the front page)?

    You have 19 days from that date to file the AOS and then you have 33 days from that date to file your husband's Defence.

    I note there was PPI on the account. Do you have any idea how much he would have paid in premiums over the years, and would he have been entitled to have made a claim (i.e. not self employed etc)?

    Di
    The claim issue date is xx April. I realise we do not have much time to prepare his defence, so any help would be really appreciated.

    He is pretty certain that he had PPI on the account, but never claimed as he was self-employed, and should never have been sold it. We tried to claim on another loan at the time, and they refused to pay out. we do not have any figures on how much he paid, but the account was active from xxxx to xxxx. Are there any other charges he can claim as well, such as late payment, extra interest, etc.

    The particulars of the claim:

    The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax
    dated on or about xxxx and assigned to the Claimant on xxxx
    Particulars a/c no xxxx xxxx xxxx xxxx
    Date Item Value
    xxxx Default Balance xxxx
    xxxx Post Refrl Cr xxx
    Total xxxx

    Cabot actually took over the account on xxxx and passed it to Restons on xxxx. I don't know if this is relevant.

    Kind regards
    oxfordgirl
    Last edited by oxfordgirl; 27th April 2017 at 18:34:PM.

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    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    The particulars of the claim:

    The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax
    dated on or about xxxxx2002 and assigned to the Claimant on xxxxx 2015
    Particulars a/c no xxxx xxxx xxxx xxxx
    Date Item Value
    xxxxxxx2015 Default Balance XXXXXXXXX
    xxxxxx2017 Post Refrl Cr XXXXX
    Total XXXXXX

    I think it may well be relevant

    What is the exact name of the Claimant on the claim form?

    You say Cabot took over the claim in 2012 (how do you know that?) yet the POC state that it was assigned to the Claimant in 2015.

    Have you sent a SAR to the Halifax like I suggested (at least I think I may have done)?

    Di
    Last edited by Amethyst; 13th May 2017 at 12:41:PM.
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    I think it may well be relevant

    What is the exact name of the Claimant on the claim form?

    You say Cabot took over the claim in 2012 (how do you know that?) yet the POC state that it was assigned to the Claimant in 2015.

    Have you sent a SAR to the Halifax like I suggested (at least I think I may have done)?

    Di
    Hi Di,

    The exact name on the claim form is:
    CABOT FINANCIAL (UK) LIMITED
    1 KINGS HILL AVENUE
    KINGS HILL
    WEST MALLING
    ME19 4AU

    We have a letter from Halifax dated xxxx which states
    ' We are writing to notify you that Halifax has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance) to Cabot Financial (UK) Limited effective xxxx.' and includes the balance it was sold for.
    We also have a letter from Cabot also dated xxxx which states they have bought the debt.
    May I ask what POC stands for?
    I have been working on the letters for Restons and Cabot this morning and would like to ask if the particulars of the claim is the same as a formal demand and should he ask for that. He also has a default notice dated xxxx, stating an outstanding balance of xxxx, which includes interest of xxxx. Presumably we don't need another one.
    I about to start the SAR to Halifax, do you have a suitable link that I could use.
    Many thanks for your help so far.

    Regards
    oxfordgirl
    Last edited by oxfordgirl; 27th April 2017 at 18:26:PM.

  10. #10
    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    How odd.

    I saw your last post earlier but then it vanished (it showed as "deleted post") but now it's back. Did you edit it or something?

    Anyway if that happens again and you need to contact me please feel free to send me an email - it's in my signature below. I don't use the PM facility.

    I would advise you to edit the actual dates and amounts to show as XXX XXX XXX since some debt purchasers and their solicitors do prowl internet forums so you don't want to be identified. That's what I was going to suggest before it disappeared.

    You have 33 days from the claim Issue Date to file the Defence, so you have time to set this up properly. The deadline will be 4 pm on Monday 15th May since Day 33 lands on a weekend.

    Since this is a £14k claim it will be allocated to the Fast Track where the proceedings last for 30 weeks from allocation to Trial (or longer if there are any legal interruptions). This means you're unlikely to get to the end before next Christmas.

    Here is an idea of what lies ahead for you/your partner > https://www.justice.gov.uk/courts/pr...rt28/pd_part28

    Di
    Last edited by Diana M; 27th April 2017 at 18:22:PM.
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    Hi Di,

    I have been working on the letters for Restons and Cabot this morning and would like to ask if the particulars of the claim is the same as a formal demand and should he ask for that. He also has a default notice dated xxxx , stating an outstanding balance of £XXXXXXXXXX, which includes interest of £XXXXX. Presumably we don't need another one.
    The Particulars of Claim basically state what the Claimant is claiming and why they think they have the right to claim it.

    The general purpose of a Defence is to 'react' to that and ask them to prove it.

    In order to do that (react) you'll need to know what they are on about. It's the Claimant's job to prove their case so don't do their job for them.

    For example if you have a Default Notice in your possession that doesn't stop you asking them to produce one of their own. They may not have it. They may reconstitute one with wonky information on it which you can tear to shreds.

    I'll answer your other questions tomorrow. Try not to fret so much

    Di
    Last edited by Amethyst; 13th May 2017 at 12:07:PM.
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Thank you Di for all your help today. I'll look forward to hearing from you tomorrow, meantime I'll digest all the info from today.
    My thread got deleted by accident today along with my account. All has been corrected now.
    Caused a few hours of panic.

    Regards
    oxfordgirl

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    How odd.

    I saw your last post earlier but then it vanished (it showed as "deleted post") but now it's back. Did you edit it or something?
    Quote Originally Posted by oxfordgirl View Post
    My thread got deleted by accident today along with my account. All has been corrected now.
    Caused a few hours of panic.
    my fault (sorry) ... I was getting rid of multiple spam posts and clicked this thread too 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

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    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Thanks for getting it sorted so quickly

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Morning
    I need to clarify which documents I can ask for on the CPR 31.14, based on the Particulars of the Claim:

    The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax
    dated on or about xxxx and assigned to the Claimant on xxxx
    Particulars a/c no xxxx xxxx xxxx xxxx
    Date Item Value
    xxxx Default Balance xxxx
    xxxx Post Refrl Cr xxx
    Total xxxx

    I'm not sure, but I think it should be:

    1. Contract
    2. Default Notice
    3.Assignment
    4. Formal Demand
    5. Post Refrl Cr

    Can you advise please
    Kind regards
    oxfordgirl

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax dated on or about xxxx and assigned to the Claimant on xxxx
    Particulars a/c no xxxx xxxx xxxx xxxx
    Date Item Value
    xxxx Default Balance xxxx
    xxxx Post Refrl Cr xxx
    Total xxxx
    Pretty sparse PoC there oxfordgirl ... it seems (to me) that they don't want you being able to ask for much at all

    You can request the contract, the notice of assignment and a default notice.
    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

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Kati View Post
    Pretty sparse PoC there oxfordgirl ... it seems (to me) that they don't want you being able to ask for much at all

    You can request the contract, the notice of assignment and a default notice.
    Another interpretation of the scant POC is the Claimant might not know the history of what went on and when so couldn't plead it.

    This claim will be allocated to the Fast Track where disclosure can be forced. In effect it's mandatory not discretionary (unlike Small Claims).

    They've referred to the assignment so I would ask for the Deed of Assignment and the Notice of Assignment although they have not mentioned the Notice of Assignment so they may refuse.

    They've mentioned a Default balance (the amount outstanding after the account was defaulted) but not actually mentioned the Default Notice so in theory you can't ask for the DN under CPR 31.14.

    In fact I would be using Part 18 at this stage.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    You mention that we might be better to use Part 18 at this stage rather than CPR 31.14. Could you possibly explain the difference and guide me to what I need to do next.
    This is a world completely new to me, so sorry if I seem to be very naïve in the matter.
    I suppose I am worried as time is getting short with the bank holiday weekend post.

    Thanks again
    oxfordgirl

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    @Diana M ??
    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
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    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    I suppose I am worried as time is getting short with the bank holiday weekend post.
    Even if you posted your Request letters today they won't arrive at the solicitors (Restons) or their client (Cabot) until after the Bank Holiday since their offices will be closed so no need to feel rushed.

    It's the content which matters.

    Can you confirm that your husband has already logged into MCOL and filed his Acknowledgement of Service to say he intends to defend all of the claim (and did not entered anything in the "Defence" box)? He has 19 days from the claim Issue Date to do that in order to prevent a Default Judgment against him.

    Quote Originally Posted by oxfordgirl View Post
    He is intending to complete an Acknowledgement of service today, it needs to be in by tomorrow, so we have 14 days to prepare a defence.
    He then has 33 days from the claim Issue Date to file his Defence unless he agrees an extension of time with the other side.

    I know you're anxious to solve this problem for him because you fear a Charging Order on your home which was purchased with an inheritance after your mother died. (Hence your thread title.)

    You also said that you put the property in joint names so even if he lost this case the 'charge' should be a Restriction not leading to an Order for Sale. A creditor can't punish you for someone else's debt.

    There can be no Charging Order or Restriction until the Claimant gets a CCJ against him and they're a long way off from getting that.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    You mention that we might be better to use Part 18 at this stage rather than CPR 31.14. Could you possibly explain the difference and guide me to what I need to do next.
    This is a world completely new to me, so sorry if I seem to be very naïve in the matter.
    It's easy to feel you're naiive when it comes to complicated legal matters. It's like being in a foreign country where you don't speak the language.

    There are endless CPRs and they apply to different legal scenarios. Each case is different. It's not really possible to prescribe exactly what to do without knowing the full history and/or seeing the paperwork.

    You've posted up a good background including the fact that there was PPI on this account for some years (where misselling may be an issue since you say your husband could never claim on the policy).

    I suggested that you edited the exact sums involved and the dates of letters/Notices in order to protect your husband's identity.

    Quote Originally Posted by Diana M View Post
    I would advise you to edit the actual dates and amounts to show as XXX XXX XXX since some debt purchasers and their solicitors do prowl internet forums so you don't want to be identified.
    Of course now that you've done that I can no longer see the information

    I'm not sure I can deliver a tutorial on the difference between CPR 31.14 and Part 18 Questions in one post (it's taken me years to understand it myself ) so if you want my input feel free to send me an email to di@joannaconnollysolicitors.co.uk (our initial advice is always free) because as I explained in post # 10 this forum's site rules don't allow me to give advice by PM.

    Your husband's privacy is paramount.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  22. #22
    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    My husband has filed his AoS. He opted for the box to defend part of the claim as he felt it was the right one to do. He did not enter anything in the Defence box.
    He ticked the 'part of claim' box because he felt it was the right thing to do, to pay his debts but only what he truly owes and not the fictitious values they have come up with.
    Was this the wrong thing to do, can he change it and will it make any difference when it comes to preparing his defence?
    Many thanks
    oxfordgirl

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    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    My husband has filed his AoS. He opted for the box to defend part of the claim as he felt it was the right one to do. He did not enter anything in the Defence box.
    He ticked the 'part of claim' box because he felt it was the right thing to do, to pay his debts but only what he truly owes and not the fictitious values they have come up with.
    Was this the wrong thing to do, can he change it and will it make any difference when it comes to preparing his defence?
    Oh dear, I fear that was not the right thing to do.

    If he has entered that he only intends to defend "Part of the claim" then the court may consider that as an admission of liability so all they need to do is decide on quantum (how much he should pay).

    This means he may get a CCJ.

    It's not easy to undo what he's done.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


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  24. #24
    Amethyst's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Not sure how it works, but if you enter on the acknowledgment you intend to defend in full you are able to change and admit the full or part claim when it comes to defence, so would that work the other way Di ? I think the defend part is just a tick box ? no amounts entered ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  25. #25
    MIKE770's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    CPR14 might be useful here just wondering???

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