Court claim on debt just over 5 years old

[nemesis45]

Re: Court claim on debt just over 5 years old

Have been told if I do or don't admit any of it will get a ccj on it

If the solicitors or badly trained/paralegal said this it's abusive and crass.

If you want to make an offer in " full and Final Settlement" why not send it direct to Carboot and
point out the failings of its solicitors.

The F& F letter I use is on the basis that the offer is made as a "gesture of goodwill " and without admission of any liability.
Conditional upon the remaining balance is not to be sold or assigned to any 3rd party for collection.

I start at no more than 10-15% of the outstanding balance, to give you room to " negotiate."

No money should be paid until you have the creditors written acceptance in your hand.

nem

[Jtierney]

Re: Court claim on debt just over 5 years old

Thankyou both Nem and Kati.
Will write to Cabot today as only have until 18 Nov to sort this out.
When I first asked the Solictors if they will accept an early setelment fee. Was told NO full payment only is acceptable. This was two weeks ago.
Have spoken to same person twice now at Solictors and found him very unhelpful.
they only told me a settlement was acceptable today after I told them that if I pay in instalments I can only afford £8 a month ( as my stepmom will be paying settlement )
Because I'm a single parent with two kids in college who I support on my own as have an injunction out on father who will not pay me any maintenance. His excuse is it is classed as contact which his not allowed any with me.

[Jtierney]

Re: Court claim on debt just over 5 years old

Just curious as to what will happen if I do ignore Court Claim. As someone told me to do. But I am scared of bailiffs coming.
As WRIGHT HASSELL said I will get a CCJ either way if I accept debt and pay in in instalments. Or if I do nothing.

[Jtierney]

Re: Court claim on debt just over 5 years old

Have written to Caboot. But do not have much faith in getting an answer as they have not replied to the letter I sent in request for documents of case under CPR31.14 that was 13 days ago.

[nemesis45]

Re: Court claim on debt just over 5 years old

Have written to Caboot. But do not have much faith in getting an answer as they have not replied to the letter I sent in request for documents of case under CPR31.14 that was 13 days ago.

CPR 31.14 goes to the solicitors?
nem

[Jtierney]

Re: Court claim on debt just over 5 years old

I did send it to the solicitors but they replied back that CPR31.14 does not apply. But have requested the documents from Caboot. Who have not replied. And the solicitors will only accept an early settlement fee of £1250. From the £1450.

[Jtierney]

Re: Court claim on debt just over 5 years old

Looks like I am going to have to defend my case. Will it be a good idea to admit to the origonal debt amount and argue that the goods became faulty. That the rest was paid except the amount of the mattress.

[nemesis45]

Re: Court claim on debt just over 5 years old

Looks like I am going to have to defend my case. Will it be a good idea to admit to the origonal debt amount and argue that the goods became faulty. That the rest was paid except the amount of the mattress.

The problem here is Cabot has no interest in the dispute you had with the supplier, they have bought the debt in good faith and that's what they are chasing, your complaint was with the supplier not the lender.

If you want to make an F & F settlement send it direct to Cabot.

nem

[Amethyst]

Re: Court claim on debt just over 5 years old

How much was the bedstead and how much was the mattress originally ?

BTW Don't be worrying about bailiffs, they can't be instructed until after you have a CCJ against you - and the court can order you to pay by installments at x per month based on your income.

[Jtierney]

Re: Court claim on debt just over 5 years old

Total cash price was £1801.98. Had paid £750. Think the mattress was £950. Also the warranty that I was not happy about was £59.
The origonal amount left to pay was £1059.49
have been told that by solicitors that if I do not file my admittance etc by 19 Nov. Then a CCJ will be issued against me making the whole amount payable in one month. Then if I do not pay then bailiffs will be instructed

[Amethyst]

Re: Court claim on debt just over 5 years old

The solicitors need a slap then. You can file a defence. You can file an admission and offer to pay by installment or you can file a defence - or even a partial admission and defence. If the judgment does come out as a forthwith ( pay within a month) you can apply to the court to vary the order to installment payments ( known as re-determination). The solicitors are trying to scare you into paying in full. I don't think you can win, as the rules are a bit complex with these arrangements and the dispute should have been followed through at the time, but as its a matter of pay in full or make an admission and offer to pay, you may as well make a reduced admission and offer to pay and put forwards the mattress issues to the court. There is a small risk of additional costs by doing this if the Judge takes the defence through to a hearing. Do you have any evidence of the dispute with Dreams? letters/emails etc from that time ? If the Judge does agree there is a case to answer it might be needed in a witness statement later.

This could probably do with expanding - so don't copy it and bung it in or anything, it's just as a first idea to talk about your option.... I have deliberately tried to keep it simple and litigant in person'y'. So this is partial admission ( for the bedstead). CHECK MY MATHS - I AM PANTS AT MATHS !


1: I am in receipt of the claim in this case and am a litigant in person.
2. It is denied that the amount claimed is owed.
2: The claim is for a fixed sum loan agreement regulated by the consumer credit act 1974.
3: The agreement was a debtor-creditor-supplier agreement for the purchase of a bedstead and mattress through Dreams ......... Ltd.
4. The agreement was signed on 29th March 2010.
5. The total sum I have paid under this agreement is £350.49. In addition I made a payment direct to the seller, Dreams .......... Ltd, by way of deposit of £400. I therefore paid £750.49 towards the goods purchased. I also purchased a 10 year warranty at a cost of £59.00.
6. The Bedstead was approximately £1050.00. It is admitted that there is an outstanding sum of £299.41. I would like to offer to pay this by installments at a rate of £30 per month. I attach my financial statement.
7. The Mattress was approximately £950. It is denied that I owe any money on this part of the agreement.
8. I have been in dispute with the seller - Dreams.......... Ltd since June 2010. The mattress was not fit for purpose and had to be replaced.
9. It was first replaced on xxxxxxxxxxx 2010. It was replaced again on xxxxxxxxxxxx 2011 and when the replacement failed on xxxxxxx 2012 I requested Dreams take back the mattress under the Sale of Goods Act. They refused to do so as the 10 year warrantee I had purchased only applied to the first mattress and not any replacement. I believe therefore the policy was missold to me, as I believed the mattress was covered for 10 years, not until it went wrong and then I would not be protected at all.
10. I believed at that time I had paid for the bedstead part of the loan and witheld payment for the mattress until the matter was sorted. Dreams failed to take any further action and I disposed of the mattress in xxxxxxxxxxxxx. I have not been contacted by the company since xxxxxxxxxxxxx 2013 and believed the matter had been settled.
11. I was not aware at that time that the finance was given by a different company to Dreams and didn't know I had to deal with another company with regards the issues over the mattress. I have since discovered I could have made a claim against the creditor, Creation Finance, under section 75 of the Consumer Credit Act for the mattress being not fit for purpose.
12. I have not received any notification of assignment of the agreement to the claimant. I also did not receive any notice of default from the original creditor - Creation Finance.
13. If the court does find that I am liable for the full amount claimed I would respectfully request the court considers my personal circumstances when calculating installment payments.

[Jtierney]

Re: Court claim on debt just over 5 years old

Wow Thankyou so so much. I will get to work on this tonight.
But all contact I had with dreams was over the phone. So have no record of it.

[Amethyst]

Re: Court claim on debt just over 5 years old

Okay, that's a pity, but you can do a witness statement with a statement of truth if it becomes necessary . However I think the judge will just say that the issue with Dreams is nothing to do with Cabot or the debt.

[Amethyst]

Re: Court claim on debt just over 5 years old

btw after your defence has gone in and been sent to the claimants you will likely get another opportunity to negotiate a settlement. It's just a tactical move really.

[Jtierney]

Re: Court claim on debt just over 5 years old

Thankyou. But they refused my offer of £200. Then I said £500. As can borrow of my Stepmum as she offered. They said they will email me an in coming and expenditure form. Which have not received.
So if they offer me another settlement shall I wait and see what court says.