Capquest

[fidelandche]

Yes the debt is just in her name and no we have not informed them of her mental health illness.

No current protection but that sounds something we need to look into.

I will email the documents at some point tonight wjwh atworka, so you might get them during the middle of the night,do you need their witness statement as well?

[fidelandche]

Do I need to put something in the subject line so you know who they are from?

[Amethyst]

Midnights fine, but I'll be well asleep about halfway through shipping forecast....

Just put your username in the subject for me please, that'll be fine xxxx

Thank you. And try not to be worrying, there's always ways to get things sorted out one way or another.

[fidelandche]

Many thanks for all your help so far and we will try not to worry.

[Amethyst]

Here we are - for some reason I can't get it to turn up the right way on save so you'll need to right click and rotate when open in Adobe reader.... sorry xxxx scan.pdf

[Amethyst]

Sadly, everything does look in order.

PAra 4 of their witness statement contains an error though.

If that was correct there might be an argument for statute barred however the account statement and screen print both show the correct date - and the Default Date of March 2012 seems to be correct and this is often argued as cause of action date for SB. So I do think that argument is kerputt.

Did you receive documents in Feb 2018 as they state ?

This letter they exhibited dated 12/02

[fidelandche]

Hi

Not sure if the documents did come in February 2018, but I have a vauge recollection that something might have come.

So if everything appears to be in order, what is the next thing to do?

[fidelandche]

Hi,

As the court has not given us any instructions on how to reply to this claim, and it appears that everything is in order. What is our next course of action?

[Amethyst]

As it is an application it would be a case of filing and serving a witness statement in response if you wish to defend against the application and possibility of a summary judgment - any errors in the paperwork, and likely comment that the claim was originally an abuse of process to 'stop the clock' as they brought it without having had sight of any documents, and it would have become statute barred had they followed the proper procedures but whether the argument would carry any weight or not is anyone's guess really. Otherwise, unless you don't mind having the CCJ and setting instalment payments through the court based on circumstances ( when you could say in your WS that you admit and offer to pay etc) ... it will be a case of contacting the claimant to negotiate a settlement - either full and final or in instalment, and see if the claim can be either withdrawn or further stayed while payments are made. I would, with your particular circumstances, discuss that with them - your wife is likely to have to give her permission for them to talk to you in any case, I'm afraid I don't know how Restons behave in this regard so it may not assist in getting a decent settlement, so it is entirely your call. It's not a large enough debt for you to have to be worrying about charging orders and the like so hopefully you would be able to negotiate a sensible settlement without having the CCJ.

[fidelandche]

Ok, if we were to try to defend this, is there anything in their paperwork that I can use as defence? If so how do I go about writing the WS and is there a cost for this?

[fidelandche]

Ok, so this debt went to court on the 4th and today (only took nearly 14 days to be informed) found out that the claimant has got a general form of judgement or order (I think) granting them to chase for the debt with costs (so that's increased the debt by nearly half the amount!!) So the letter from the court states that my partner has until tomorrow to pay the outstanding debt.

So have spoken to the claimant and the account has been put on hold for 30 days. I have informed them of her mental health and they are sending out the DMHEF and a budget form to fill out.

So, as the debt is in her name, do we have to put my income? Taking into account that she has not worked for nearly 20yrs due to her mental health and only gets PIP, she is not entitled to ESA in terms of money, but gets contributions based ESA instead.

We fully understand that now this has to be paid and don't want a CCJ against her name, so will try to get a repayment plan sorted, but how is best to do this? If we put just her PIP, which is used to help her leave the home, I am guessing they could want to take most of it to repay the debt?

[fidelandche]

Ok, has anyone have any ideas of what should now be done?

[fidelandche]

Anyone with any idea on how best to approach this?

[Amethyst]

Ok, so this debt went to court on the 4th and today (only took nearly 14 days to be informed) found out that the claimant has got a general form of judgement or order (I think) granting them to chase for the debt with costs (so that's increased the debt by nearly half the amount!!) So the letter from the court states that my partner has until tomorrow to pay the outstanding debt.

So have spoken to the claimant and the account has been put on hold for 30 days. I have informed them of her mental health and they are sending out the DMHEF and a budget form to fill out.

So, as the debt is in her name, do we have to put my income? Taking into account that she has not worked for nearly 20yrs due to her mental health and only gets PIP, she is not entitled to ESA in terms of money, but gets contributions based ESA instead.

We fully understand that now this has to be paid and don't want a CCJ against her name, so will try to get a repayment plan sorted, but how is best to do this? If we put just her PIP, which is used to help her leave the home, I am guessing they could want to take most of it to repay the debt?

So the CCJ is for payment forthwith, this will mean a CCJ will be registered against her - as the CCJ is just hers, from her debt, then yes, the forms only want to contain her income/expenditure/benefits etc. You've already set things in motion dealing with that. They do have quite strict guidelines on affordability for debt repayment, and dealing with Health issues, so taking all of her PIP would be completely out of order.

The only way to avoid the CCJ being registered is to pay the CCJ in full ( or an agreed reduced settlement in full) before the 28 days from Judgment.

[fidelandche]

Thank you for that advice, most grateful