Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

**nemesis45** · 12th February 2015, 12:01:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

You will need to do an Income & Expenditure statement to submit to the court and the claimant.

List income from all sources.
List ALL Priority debts, Rent/Mortgage/utilities/ TV Licence/ council tax/food/clothing including an amount for childrens clothes/school meals/any court fines/ car insurance.
List no priority amounts paid out on a regular basis/ credit cards/ catalogue accounts/mobile phone accounts/ gym memberships etc

The difference between the two is tour disposable income (if any) you need this to be accurate.
if it's only a token amount of £1 pcm the court will take this into consideration.
There are I & E statement templates you can download from the net.

nem

**temmyangel** · 12th February 2015, 12:11:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

Thanks for your reply, I have submitted the income and expenditure to cabot and I made an offer of 10 pounds which was rejected by cabot and the court now decided that I should pay 30 pounds per month. i contacted the court and i was told to send an email for my case to be re determined

**temmyangel** · 12th February 2015, 23:01:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

Originally posted by nemesis45 View Post

You will need to do an Income & Expenditure statement to submit to the court and the claimant.

List income from all sources.
List ALL Priority debts, Rent/Mortgage/utilities/ TV Licence/ council tax/food/clothing including an amount for childrens clothes/school meals/any court fines/ car insurance.
List no priority amounts paid out on a regular basis/ credit cards/ catalogue accounts/mobile phone accounts/ gym memberships etc

The difference between the two is tour disposable income (if any) you need this to be accurate.
if it's only a token amount of £1 pcm the court will take this into consideration.
There are I & E statement templates you can download from the net.

nem

pls how do I join the open forum ?

**nemesis45** · 13th February 2015, 08:07:AM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

You are on the open forum, do you want to join VIP?

See Highlighted VIP on to right of the screen.

nem

**temmyangel** · 14th February 2015, 01:04:AM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

thank you so much

**temmyangel** · 14th February 2015, 01:14:AM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

I was told to send an email for my case to be re determined with good reasons. pls can anyone help on this

**nemesis45** · 14th February 2015, 11:48:AM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

The e-mail should be exactly the same what you told Cabot.

I & E statement and the offer of payment asking the court to change the order to reflect this.

nem

**temmyangel** · 14th February 2015, 12:54:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

thank you so much

**temmyangel** · 21st February 2015, 17:14:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

Please I need advice, I received an email from CCBC that my case has been transferred to Basildon court for redetermination , what do I do next?secondly i checked my credit report with the experian credit and i realised that there was no debt registered against my name from the original creditor (Vanquis), except by CABOT. Does it make any difference if it was registered by the original creditor or not. PLS I NEED ADVICE

**FlamingParrot** · 21st February 2015, 19:12:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

Originally posted by temmyangel View Post

Please I need advice, I received an email from CCBC that my case has been transferred to Basildon court for redetermination , what do I do next?

Presumably you've also been given a hearing date. Are you able to travel to Basildon and attend the hearing?

If the original court order was made without a hearing, then the redetermination has to be made at a hearing, that's why one has been scheduled. You should double-check your I&E form and be prepared to explain any expenditure that may sound excessive, for example, people who commute to London for work will be spending much more on transport than what the courts would normally consider 'reasonable'. If you travel a lot for work your petrol and car maintenance expenses will be high, etc.

The idea is to convince the judge that what you're offering is all you can afford to pay, bearing in mind you need to make sure you've got your priority payments covered (rent or mortgage, council tax, utilities, TV license and any tax debts, maintenance payments or court fines if applicable). Then you need to make sure you've got enough to provide for your family and have something to spare for unexpected outgoings, prescriptions, etc. I assume you've already done your I&E form but this is a rather useful tool for the purpose: https://nedcab.cabmoney.org.uk/quickfs.asp

It's up to you whether you'd like to upload your I&E form so we can take a look at it and weed out any possible obstacles (remove any personally identifiable info). :thumb:

Originally posted by temmyangel View Post

secondly i checked my credit report with the experian credit and i realised that there was no debt registered against my name from the original creditor (Vanquis), except by CABOT. Does it make any difference if it was registered by the original creditor or not. PLS I NEED ADVICE

When a debt is assigned the record has to be updated to reflect the new owner, the main thing here is to make sure the default date is correct so the default drops off 6 years after it was originally recorded. A lot of debt purchasers have a nasty habit of changing the original default date, :rant: this should be corrected.

For the purpose of court procedure, the data on your credit file is completely irrelevant.

**temmyangel** · 22nd February 2015, 14:27:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

Originally posted by FlamingParrot View Post

Presumably you've also been given a hearing date. Are you able to travel to Basildon and attend the hearing?

If the original court order was made without a hearing, then the redetermination has to be made at a hearing, that's why one has been scheduled. You should double-check your I&E form and be prepared to explain any expenditure that may sound excessive, for example, people who commute to London for work will be spending much more on transport than what the courts would normally consider 'reasonable'. If you travel a lot for work your petrol and car maintenance expenses will be high, etc.

The idea is to convince the judge that what you're offering is all you can afford to pay, bearing in mind you need to make sure you've got your priority payments covered (rent or mortgage, council tax, utilities, TV license and any tax debts, maintenance payments or court fines if applicable). Then you need to make sure you've got enough to provide for your family and have something to spare for unexpected outgoings, prescriptions, etc. I assume you've already done your I&E form but this is a rather useful tool for the purpose: https://nedcab.cabmoney.org.uk/quickfs.asp

It's up to you whether you'd like to upload your I&E form so we can take a look at it and weed out any possible obstacles (remove any personally identifiable info). :thumb:

When a debt is assigned the record has to be updated to reflect the new owner, the main thing here is to make sure the default date is correct so the default drops off 6 years after it was originally recorded. A lot of debt purchasers have a nasty habit of changing the original default date, :rant: this should be corrected.

For the purpose of court procedure, the data on your credit file is completely irrelevant.

Thanks so much, I had already submitted my I&E to the court and the hearing is in Basildon where I live, though I was just sent an email that the redetermination will take place in Basildon court, nothing more than that. For the redetermination, do I need someone to go with me when the date is fixed or should I go on my own and how do I prepare my self. PLEASE I NEED ADVICE ON THIS. THANKS

**FlamingParrot** · 22nd February 2015, 17:41:PM

Re: Court Claim - cabot financial uk ltd / vanquis - 22-12-2014

Originally posted by temmyangel View Post

Thanks so much, I had already submitted my I&E to the court and the hearing is in Basildon where I live, though I was just sent an email that the redetermination will take place in Basildon court, nothing more than that. For the redetermination, do I need someone to go with me when the date is fixed or should I go on my own and how do I prepare my self. PLEASE I NEED ADVICE ON THIS. THANKS

The hearing is likely to be rather informal and last just around 10 minutes, the other side probably won't even bother sending anyone to represent them. If someone goes with you, it would be just for moral support, unless they were legally representing you. The main purpose of the hearing is to go through your I&E. You may be questioned about some items of expenditure, depending on what you've shown on there.
You may want to have with you statements and other documents to back up your I&E form, you probably won't need them but it's always good to have them just in case.

To prepare, think about anything that may be brought into question and be ready to explain why you really need to spend £xx on xyz, for example why your mobile bill may be a bit high, etc. You are trying to reduce the monthly payments from £30 to £10 so you really need to go into the fine detail more than if you were, say trying to reduce them from £100 to £10. You need to show there's no way you'd have the extra £20 a month to offer your creditor. As ever, it'll depend on the judge, some may just take a quick look at your form, it's best to be prepared for the worst. :thumb:

Court Claim - cabot financial uk ltd / vanquis - 22-12-2014