My Wife & Optima Legal

[bigalig2003]

Dear All

Hopefully this i stye correct thread?

My wife received a Judgement Order form from Northampton County Court for the sum of £1939 + £255 costs on behalf of Optima Legal now passed to MFS Portfolio Limited.

She received the order on the 13th May despite he fact that the order was drafted on the 8th May - she had 14 days to pay that amount in full. Full payment was due on the 22nd May -

Can anyone suggest any next steps please?

My wife suffers from depression and I want to avoid any stress for her as much as I can.

Thanks in advance.

[Kafka]

Re: My Wife & Optima Legal

Can you provide more details of the debt and the process leading to the judgment?
Did you defend the claim?
What does the judgment actually say?

[FlamingParrot]

Re: My Wife & Optima Legal

My wife received a Judgement Order form from Northampton County Court for the sum of £1939 + £255 costs on behalf of Optima Legal now passed to MFS Portfolio Limited.

She received the order on the 13th May despite he fact that the order was drafted on the 8th May - she had 14 days to pay that amount in full. Full payment was due on the 22nd May -

Can anyone suggest any next steps please?

A few questions if I may:
Did she ever receive a claim form?
Do you guys know what debt this is for?
If so, do you have any reason to dispute the debt?

If she never received the court papers, it may be possible to apply for the judgment to be set aside, but it would be necessary to show that the creditor had her current address and that there is a viable defence to the claim.

[bigalig2003]

Re: My Wife & Optima Legal

Hi there

Yes this is an old debt that my wife had and had a Tomlin order with Optima Legal - she fell behind with payments after having period s of unemployment in between. Rather than tackle Optima she let it slide hence this order was made.

Ive attached the first 4 pages so that it gives you an overview of the order.

All we need is a bit more time to pay off this debt - as ever these things never arrive at the right time?

Any help would e gratefully received.

[bigalig2003]

Re: My Wife & Optima Legal

Hi FlamingParrot

1) No claim form ever received - this just appeared?

2) The debt is from an old MBNA credit card she had - she knows she owes the amount but as she's now back in employment its just a matter of time before she can pay it all back!

Thanks in advance

[FlamingParrot]

Re: My Wife & Optima Legal

Hi FlamingParrot

1) No claim form ever received - this just appeared?

2) The debt is from an old MBNA credit card she had - she knows she owes the amount but as she's now back in employment its just a matter of time before she can pay it all back!

Yes this is an old debt that my wife had and had a Tomlin order with Optima Legal - she fell behind with payments after having period s of unemployment in between. Rather than tackle Optima she let it slide hence this order was made.

Ah, that would explain it. A Tomlin order basically stays proceedings as long as the terms of the order are kept to.

Ive attached the first 4 pages so that it gives you an overview of the order.

All we need is a bit more time to pay off this debt - as ever these things never arrive at the right time?

Any help would e gratefully received.

As the order was made without a hearing, it should be possible to apply for redetermination, however, she needs to do this within 16 days of the order being made. It is also possible to apply for a variation on form N245 after the 16 days have gone by, however, a fee would be payable.

She'll need to write to the court attaching a budget sheet, a good budgeting tool can be found here: NEDCAB budgeting tool

[FlamingParrot]

Re: My Wife & Optima Legal

From:

Name
Address
Postcode

Date

To:

County Court Claim No:
Name of Claimant: (creditor’s name)
Claimant’s Ref. No: (account reference number)
Name of Defendant: (your name)

Court Name:
Court Address:

Application for redetermination

Dear Sir /Madam

I would like to apply for the above judgment to be redetermined under Rule 14.13 of the Civil Procedure Rules. I understand that because the judgment was granted without a hearing I am entitled to have this redetermined at my local county court. As this application also falls within 14 days from the original order I understand that no fee is required.

I am applying on the grounds that I am suffering financial difficulties and I am unable to pay the instalment as ordered on xx/xx/xxxx. I have enclosed an up-to-date budget and list of creditors to help the court reconsider the judgment.

As you can see my budget shows I cannot pay the amount specified. I am therefore offering to pay £xx.xx per month towards this debt.

I look forward to hearing from you.

Yours faithfully