New Member. My County Court Defence Has Been Struck Out. Unsure What To Do Next?

[PurplePrin13]

Hi
Im new at posting on here but I have seen lots of posts with good advice so I am hoping someone can help me in the same way.
I have been taken through the CCJ process by Shoosmiths for a debt of £2700 that Cabot have been chasing me for. I initially defended the claim at Northampton County Court with advise I had found on the internet. I requested copies of the original agreement amongst other things. Cabot didn’t supply these in the requested time but months later sent me a photocopy of an application form for a Credit Card with Capital One which was filled out in 2001. Shoosmiths then sent me a letter saying they were transferring the claim to my local county court for my defence to be struck out and the hearing was on 8th of March for which I was sent a court letter to inform me. I did not receive any other letters or documentation like a directions questionnaire to complete before the hearing which I read that I should have??. As I am not used to how the court process worked I wasn’t really sure what the procedure was but I felt that I needed to tell the court that I didn’t feel that the documentation sent by Cabot was sufficient and after finding more information on the internet I wrote a letter to the court telling them that I felt that the form that I had been sent did not contain the information needed for pre 2007 credit agreements to be enforceable and also that a lot of the information was unreadable on the photocopy. Anyway to cut a long story short, and without wanting to play the violin, I couldn’t attend the court hearing as I have been in hospital for a month with a sepsis. To be honest Cabot was the least of my worries. The court hearing went ahead without me and wether it was because I did not attend the Judge did not seem to take any notice of my letter with my concerns about the credit agreement form but instead sent me a court letter informing me that it has been ordered that I pay for court costs and solicitors fees. These fees were £300 less than the fees Shoosmiths had told me that they were going to be claiming for. The court letter also does not mention the initial £2700 claim on the letter. So all I am asking really is does this letter mean that I have to pay Cabot £2700 along with the court fees that are on the letter? If I do this within a month will the CCJ not be registered? Or will Shoosmiths say I needed to pay the extra £300 costs for them to inform the court it is clear?
Im sorry to sound stupid its just I have no experience in this sort of thing and I dont want Cabot to register the CCJ if I have not paid them exactly what I have to. I honestly thought that the court letter would have the exact amount I would have to pay, to whom and by what date so now Im a bit panicky feeling I am going to do something wrong. I have also read that Cabot Financial (Uk) Ltd, which is who the debt is with is unregistered so why where they able to take me to court and have the defence struck out in the first place?? I will attach the letters for both before and after the hearing to this post so that its easier to understand what I am talking about and hopefully someone can explain to me what it means!
Thank you so much in advance.

[Amethyst]

Hi there, You are completely right to put your health first and it seems like you have tried to deal with this as best you can, it isn't easy even for people who deal with these claims all the time, so don't beat yourself up about it.

The bad news is that it seems costs have been awarded against you for the application and hearing that you didn't attend, and the actual judgment hasn't been made on the debt as yet - so that £1190 is in addition to the actual debt - but right now, the only sum needs paying is that £1190 costs. The Judge doesn't seem to have awarded summary judgment, just struck out the defence, I'm not sure if you can do anything in response to prevent judgment being awarded.

I think you should try to contact someone who can take over dealing with it without it ending up costing you more - there could be a case to defend and you've just been kyboshed by the court system and procedures and your ill health - it might be worth seeing if someone like Diana M can have a look at the case and see if her firm ( https://www.justbeagle.com/solicitor/visit/623139 ) could take it on and get it sorted out. I think you will be stuck with those costs though ! but if you can get those paid and manage to get the actual case defended you could still come out ahead ?

Do you know what you put in as your defence? ( or have a copy - and of their application too would be helpful)

On the question

So all I am asking really is does this letter mean that I have to pay Cabot £2700 along with the court fees that are on the letter? If I do this within a month will the CCJ not be registered?

It'll be that £2700 originally claimed, plus this new lot of costs of £1190, and any interest claimed - when judgment is awarded it will give the final figure on there for the debt judgment. So looking at nearly £4k overall xxxx but yes, basically, if you pay it within the month it wouldn't be registered on your file.