do i have ANY defence

[charliealfie]

Hi All - plead for any help out there - received "judgement for claimant (in default) yesterday - done a bit of research did not get a claims form / pack - do i have any chance of fighting this at all, national debt line advice i complete for N245 and get payments reduced

there is probably a million things i should have done but i did not, sum is less than 10k, and aktiv capital should ring a bell as they appear a lot on this website

any advice would be appreciated

cheers

Charliealfie:doggieyes:

[Celestine]

Re: do i have ANY defence

Well if you didn't receive the claim form then you can apply to set aside the judgment, however, you will need to demonstrate that you could have defended the claim had you received it.
So a bit more detail please about the nature of this debt? Who was the original creditor? Have you ever sent a s.78 request? Is it over 6 yrs since you last paid this debt account?

[charliealfie]

Re: do i have ANY defence

Hi Celestine i will try and give as much info as possible

original creditor was Virgin credit card taken out circa Feb 2007; made redundant April 2012 so last payment would be around this time i will have to check the paperwork; received a letter dated May 2013 from Aktive Kapital telling me they want to help sort thing out, attached was a letter from MBNA dated April 13 saying they have sold my debt to another company and transferring ownership and rights to collection to Aktive Kapital (i have copies of these); unfortunately i did speak with Aktive, not sure if the call was recorded but they were asking for a payment and i stated i will call them back, i did not call back, for what its worth by this time things were spiraling out of control as everything was getting in arrears as i could not find employment; Aktive did send several letters and even 1 i think from sister company tempest somebody, i will have copies of these somewhere but it will take some time to locate; received a letter from Judge & Priestley dated 19 Feb 2014, it was my intention after reading on your website to file for CCA but i did not, unfortunately other things to taking over i and forgot (my dad was ill at the time); the next thing i know i have Judgement for claimant (in default) dated 26 Mar 2014 stating i must pay forthwith £7920.72, unfortunately i was at work so could do nothing on the day, i took yesterday afternoon off to look into it, spoke with National debt-line they advise i complete for N245, i have done a printed version but there is no space on the form to complete everything, there is also no guidance to use a separate sheet - i have not sent or spoke with anyone else about this matter - i am now a complete panic on what to do and if indeed i have any time - speaking about Consumer credit agreement i have the original sent to me in Feb 07, its like a small booklet, don't really understand it - for whats it worth i know i have ignored all of this and it come to this state, panic and scared are the first words spring to mind, i have not asked for CCA as stated in other threads or S78 as mentioned above

any how what is the best possible advice based on the above you could give, do i have any defense, do i owe the money, do i complete and send N245 - for whats its worth i have cleared most of my priority debts off over the last year, gas water etc in arrears etc

thanks in advance for any help

cheers

Charliealfie

[Amethyst]

Re: do i have ANY defence

As the debt is so recent (opened 2007, last payment in 2012) then is it likely the paperwork would be available and correct. It was applied for online and you have the copy of terms you were sent when you opened the account.

You also don't have any specific disputes over the amount of the debt ?

Therefore I agree that the N245 to vary the judgment to an instalment order.

The N245 is http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

What extra spaces do you need ? The Income Expenditure form is quite basic I know but has the essentials in. Any bits you need help with post up and we'll try help.

Do you own your own home?

[charliealfie]

Re: do i have ANY defence

Hi Amethyst and good morning, thanks for the advice, can i send you an excel version of my income expenditure, if so tell me how i do that. can you please review and tell me ITEMS XYZ should be lump together and inserted in Box ABC of the official form - in truth when i complete a sample version of the correct form it shows i have a fortune left each month, this is clearly not the case that is were i am struggling - as a matter of interest will it be accepted? or am i in for more trouble and hassle - i will send it off today some how

to answer your question i know i owe the money and yes i do own a house or the bank does

cheers

Charliealfie

[charliealfie]

Re: do i have ANY defence

Hi Amethyst sorry to bother you again, how long do i have to get this N245 form sent off and should i contact the court and tell them what i am doing?

cheers

Charliealfie

[Amethyst]

Re: do i have ANY defence

Yes of course, my email is admin@legalbeagles.info but I won't be able to look at it properly until tomorrow as I'm out for the rest of the day today, sorry. I know what you mean on the court forms though, mostly its because you have separated out your expenditure too much and need to join some bits together.

7 days for the N245 is best so we'll get it sorted to send by end of play tomorrow.

Okay with regards to your house. SOMETIMES with debts of this size and low installment offers the claimants could apply to hold security over your property. This is basically a second charge on your home which sits there as you make installment payments, and if you miss a number of payments they could go back to court to ask for a sale order. That's is why it is important to get your installments affordable from the start. If later you circumstances change you can go back to court to ask to reduce or increase payments. Once the debt is paid the charge can be removed. Or if you sell your house the claimants get their cut from any equity after the mortgage company have been paid off. Not definiate it will happen, but just so you are informed of the possibility.

It isn't anything to worry about though ok.

[charliealfie]

Re: do i have ANY defence

Hi Amethyst & Celestine - thanks you for all your support and help - whether i have done the right thing or not, i filed the N245 today, paid the fee via phone and got some help in filling in the form - the debt is 8k, i offered £45/m - based on all my paperwork and calculations this leaves me with £23/m left even though i do earn good money its all spoken for with other debts / arrears being paid - the offer is the truth at what i can afford, if i pay more something will fall behind - can you both please give a reality check on whether i will be successful, who makes the absolute final decision and it is enforceable etc etc

what are the claimants options and how does the courts view them?

cheers

Charliealfie:doggieyes:

[Celestine]

Re: do i have ANY defence

£45 is a fair offer and should be accepted xx

[charliealfie]

Re: do i have ANY defence

Hi Celestine sorry i know your busy - if its agreed and i pay each month is that the total end of the matter unless i default - they cannot chase any further etc etc

cheers

Charliealfie

[Celestine]

Re: do i have ANY defence

No, not necessarily I'm afraid. It's highly unlikely, but sometimes creditors apply for charging orders then sale orders even when the debt is being paid off at the agreed rate.
But I stress, on a relatively small debt amount, especially if it is being paid off, the worst option they could go for would be a charging order. I can't see any sane Judge consequently granting a sale order under such circumstances. so please don't worry too much on that account.

[charliealfie]

Re: do i have ANY defence

Hi Celestine / Amethyst - Urgent help please please - following on from the thread above i have now received this morning i the post "notice if issue if warrant of execution" for bailiff to seize goods issued by Telford County Court. in summary either pay the amount before 11th April or the bailiff will call to seize goods. i sent off the form N245 on 3/4/14 recorded delivery, and paid the fee over the phone the same day - the execution is dated 4th April 2014

obviously there has been a cross over in post - what are my options / actions to avoid the van coming? i am on the verge of giving up and letting them take what they wish

Cheers

Charliealfie:doggieyes:

[Amethyst]

Re: do i have ANY defence

Judgement for claimant (in default) dated 26 Mar 2014


To have issued a warrant of execution off the back of a Judgment dated 26th March is a little bit quick, but they are allowed to apply for a Warrant on the day of the judgment if there are no terms other than payment forthwith. Usually you have 30 days to pay under a forthwith order though so the Warrant of Execution shouldnt really be issued until 30 days after the judgment. I need to check rules on that though.

Regardless, filling in and submitting (as you have done ) the N245 should stop that action.

If you’re threatened with bailiffs

The person or business you owe money to may use bailiffs to collect the money.

They’ll have to apply to the court for a ‘warrant’, which will give the bailiff the right to visit your home or property.

You’ll be given 7 days to pay before they visit.

You may be able to stop the bailiff from visiting, by filling in the N245 application form.

Say on the form how you’ll repay the money - eg weekly or monthly payments.

If your offer is accepted, the warrant will be stopped as long as you keep up with the payments.

and from Stepchange

How to suspend a warrant

If a creditor has applied for a warrant of execution you’ll receive a notice from the courts informing you that a warrant has been issued and giving a date when they will visit your house. This notice will normally give you at least seven days’ notice.

You can make a combined application to the courts to have the warrant of execution suspended and change the payment to an affordable amount, using an N245 form.

If you don’t apply for the notice to be suspended, bailiffs will be able to attend your home on the date stated and remove goods to sell on. You can prevent this by paying the amount in full.
- See more at: http://moneyaware.co.uk/2012/10/bail....hAbebzfa.dpuf

[charliealfie]

Re: do i have ANY defence

Hi Amethyst thank you for your words of comfort - but what can i do? i am at my wits end.

cheers

Charliealfie

[Amethyst]

Re: do i have ANY defence

You've submitted your N245 which is the right thing to do, so give the court a call on Monday to check they have received it (and logged it properly) and that it halts the warrant of execution.