Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

I rang the claimants just to see what the feasibility was of making an arrangement to pay and they basically said it was in the hands of the court now.

Is there any other way of arranging apart from a CCJ?

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Can I download another n181 form and try and settle before the hearing?

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Quick bump for any further advice.

I need to contact the court by the 3rd with a revised defence or admission.

[Kati]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

[MENTION=55034]nemesis45[/MENTION]??

[nemesis45]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Can I download another n181 form and try and settle before the hearing?

You can try yes.

[nemesis45]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Quick bump for any further advice.
@Kati has given me a nudge to look in.
I need to contact the court by the 3rd with a revised defence or admission.

If you are sure yes you can get the admission an offer of payment to the claimant
and to the court by signed for post.
Make sure any offer you make is reasonable, affordable and sustainable.
nem

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Thank you Nemesis.

if I have any questions filling the n181 in, I will post here.

thanks guys, really appreciate the help.

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Is the admission form I need to fill in a N9a?

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Well, I wrote to the Claimants, asking for the debt to be dealt with by a Tomlin Order (and also wrote to the court explaining this, with a copy of the letter I sent, stating I was trying to settle before the case was brought to court) along with an income and expenditure sheet, and an offer of regular payment.

The claimants solicitors have replied, acknowledging my letter, but stating that since I haven't returned a new defence (as requested by the court), they will be pushing the court for a judgment.

[nemesis45]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Well, I wrote to the Claimants, asking for the debt to be dealt with by a Tomlin Order (and also wrote to the court explaining this, with a copy of the letter I sent, stating I was trying to settle before the case was brought to court) along with an income and expenditure sheet, and an offer of regular payment.

The claimants solicitors have replied, acknowledging my letter, but stating that since I haven't returned a new defence (as requested by the court), they will be pushing the court for a judgment.

I see Amethyst told you about a revised / new defence back in post #56 did you do this?

nem

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Received the judgement today unfortunately.

It's dated the 7th of December but says full payment to be made (£11k.....) by the 7th December 2015. Im assuming you get 28 days to pay in full so it means 7th Jan?

Should I write to the court for s revised date?

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Also just realised the court have my date of birth as being July not August. The judgement is dated 7th December 2015, the payment due date is 7th December 2015 but the post mark is the 16th, hence why I only received it yesterday.

[Amethyst]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

You now need to apply to the court to vary the order. http://www.legalbeagles.info/forums/...judgment-order

Use form N245 to ask for a varied order. Do this within 7 days there is no fee ( as far I I know but check with the court)

Fill in all the details about your income and spending. Remember to write in the amount you can afford to pay.

You may have to pay a fee to apply for a varied order. You can find out how much you will have to pay from the ‘EX50 Civil and family court fees’ leaflet. You can find out if you can get a fee remission on leaflet EX160. ( at the moment I believe it is £50 )

Keep a copy and send the form and fee to the court. The court will send the form to the claimant, who will decide whether to accept your offer of payment.

If the claimant accepts your offer, the court will make an order for the instalments you agreed to pay.

If the claimant does not accept your offer, the court will look at the information you gave and tell you how much to pay and when.

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

This is the judgement



I spoke to the court, querying the fact that my DOB is wrong and that it took the court 9 days to get the judgement to me.

The lady says that claimant hasn't yet paid to enforce the judgement, and that I need to contact them regarding payment offer. If I empty my savings and withdraw a lot of my pension, I can maybe settle this, but I guess I need to negotiate with the claimant to stop them enforcing the judgement to give me chance to do so. The bank holidays and delays so far are not helping.

Any other advice appreciated.

[Kieranzxt]

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

The CCJ still hasn't been enforced by the claimant. Is there a time limit on enforcing it?

I'm in the process of negotiating with Robinson Way regarding payment by instalments.

The court tell me that if we can't agree, the court will decide. Either way, a variation will be have to be made to the order at a cost of £50.