Court claim received

[carts69]

Received a court claim for a debt which I'm pretty sure is 6 years old, can anyone advise on the options I have when replying to this.
it has come via Lowell & Bryan Carter, what steps do I need to take first, I read this can be done online? Thanks in advance

[taylor50]

Re: Court claim received

i got into financial difficulties and put my debts into the hands of Harrington Brooks i thought everything was being managed but apparantly a debt had not been included i asked Harrington Brooks to add this to my plan which they assured me was done, Mortimer clarke acting for the new claiment have now applied for a court order to deduct money from my wages, i have offered to send a direct debit to the claiment and i have contacted mortimer clarke and harrington brooks and the claiment none of them will get back to me or too each other, what do i do

[carts69]

Re: Court claim received

Nem, having sent a letter to lowells regarding chasing up the Tomlin, I have now received a notice of sums in arrears & an Annual statement, oh...and stating now that Fredricksons are managing this account.
this is weird because Lowell took this from Fredricksons in the beginning, why is this account being passed around, also I have the court date this month for this! What a mess, all I wanted was the Tomlin, which I thought was being setup, it's clearly not & now I don't know where I stand?

[carts69]

Re: Court claim received

Nem, not sure if you recall, but we briefly discussed my last debt which keeps changing hands, Capquest have it now it's for 2k, it is showing on noddle & defult date 1/7/10.
I have received a letter from them today with an offer of a settlement figure, (no figure mentioned though).
what would be my best plan of action on this one, ignore/write with a small monthly offer?

[carts69]

Re: Court claim received

Yes, but as stated the car is worth over the 1k mark allowed, more like 2k! I would probably be eligible apart from the car, but their are so many complications involved with my case, firstly how much of my benefits is my partner intitled to, do I just count my wages as income or include half my tax credits? Also as I have a gardening job...this time of the year I'm lucky to get work for 2 days a week, this is supposed to be 3 days all year round, any advice?

[Noah]

Re: Court claim received

The step change debt management tool is quite useful
http://www.stepchange.org/DebtRemedy.aspx

It asks you to input the figures , when you get to the expenditure page it gives guidelines as to what is accepted.

Personally for someone on a low income I think they are relatively generous and certainly manageable
I am not sure however if these would fit for a DRO

[nemesis45]

Re: Court claim received

Noah, I have considered the DRO, but firstly my vehicle is worth a little more than allowed, secondly..even though I'm on a low income I'm left with a little more than allowed each month, maybe my estimates are not correct, it seems difficult to work out my out goings, sum help would be great! But I know it can't be given on here!

Hello Carts, look at an average months expenditure the limits for DRO's set quite low.
I believe there is a Govt. site that gives specifics.

nem

[Noah]

Re: Court claim received

I looked up the amounts allowed recently, I think they were on the step change website and to me they appeared generous although clearly they did not give money for holidays etc. It did include generous provision for food and living costs as well as reasonable amounts for phone to etc although again it would be primary and not Armani

[carts69]

Re: Court claim received

Noah, I have considered the DRO, but firstly my vehicle is worth a little more than allowed, secondly..even though I'm on a low income I'm left with a little more than allowed each month, maybe my estimates are not correct, it seems difficult to work out my out goings, sum help would be great! But I know it can't be given on here!

[Noah]

Re: Court claim received

Carts
Did you look into the DRO as suggested

I ask because it would clear everything and the danger with a to Lin order is that if you miss just 1 payment they will go for judgement.

Obvioulsy there may be reasons why a DRO is not for you

[carts69]

Re: Court claim received

Thanks nem, I shall send a letter off asap! So is their a chance if this has not gone through and the courts have not been informed, I could still be due in court in March?

[nemesis45]

Re: Court claim received

Question regarding Tomlin order, I sent the signed forms back in middle of January, 2 weeks ago I received a letter from BC stating that they have handed the account back to Lowell, I'm just wondering if this is normal & why I've heard nothing else regarding the completion of the Tomlin forms, how long can this take to sort out, I know it's got to be sorted by the courts etc, but is it normal to be waiting this long?

Hello Carts
Lowell now has an in house firm of solicitors with the very creative name of " Lowell Solicitors " which no doubt has it's grubby hands on the TO and are trying to find out what it means.

It's worth writing to Andrew Bartle Chie Operating Officer of the Lowell Group and require and explanation of the delay.
If Carter hasn't filed the TO with the court for it to be sealed it could be the reason for the delay.

I would in normal circumstance expect around 14 working days for this to be completed.

nem

[carts69]

Re: Court claim received

Nem, any chance you could advise on how long the Tomlin order should take to setup, re my previous post? Thanks

[carts69]

Re: Court claim received

Question regarding Tomlin order, I sent the signed forms back in middle of January, 2 weeks ago I received a letter from BC stating that they have handed the account back to Lowell, I'm just wondering if this is normal & why I've heard nothing else regarding the completion of the Tomlin forms, how long can this take to sort out, I know it's got to be sorted by the courts etc, but is it normal to be waiting this long?

[nemesis45]

Re: Court claim received

Nem, thanks for that! Now.. This current debt, any ideas what course of action I should take at this stage, simply sit & wait or something else?

It seems that is all you can do for now Carts.

nem