Received judgement - forgot to enter defence

[al_jh]

Issue Date: 11th feb
Amount approx: £2092
Claimant: CABOT FINANCIAL
Solicitor: WRIGHT HASSALL
Original Creditor: CAPITOL ONE
Particulars of Claim: the claimants claim is for debts arising from consumer credits act 1974 agreements. the claimant is an assignee of the following debts, notice having been given to the defendant in writing. amount 1907.71. despite demands for payment the sum remains due. the claimant therefore claims the sum.
Is the debt Statute Barred? no
List any letters you have sent: CCA and CPR request
Any Other Info: Acknowledgement of service received at court 15/02/16. Letter received from Wright Hassall dated 23/02/16 stating that they note the value of the claim is less than £10,000 and likely to be allocated to small claims track and is therefore likely that CPR r.31.14 will not apply. Letter sent by Cabot dated 16/03/16 stating they had no information on file but they had requested details. Stated account on hold and credit agreement unenforceable. Received judgement from Northampton 16/04/16 stating I had not replied to the claim form and must pay £50 a month by instalments till debt paid. Think I have missed putting defence in date wise. Have been dealing with a family matter for a couple of weeks as a priority.

[charitynjw]

Re: Received judgement - forgot to enter defence

Apologies, wrong info given.

[charitynjw]

Re: Received judgement - forgot to enter defence

I'll try again, lol!

What exactly are you querying here?

[nemesis45]

Re: Received judgement - forgot to enter defence

Hi Welcome to LB,
You had 28 days from the date of issue of the claim failure to enter a defence leaves the claimant free to apply for judgement by default.
What do you want to do about this?
Options:

1. Bite the bullet and pay as ordered ( if you don't pay then the claimant can use various methods to enforce the judgement)

2. Apply for the judgement to be set aside ( Fee £225) You need solid grounds for the application and you will need to have a defence to the original claim " that has a reasonable" chance of success.

nem

[al_jh]

Re: Received judgement - forgot to enter defence

Hi Welcome to LB,
You had 28 days from the date of issue of the claim failure to enter a defence leaves the claimant free to apply for judgement by default.
What do you want to do about this?
Options:

1. Bite the bullet and pay as ordered ( if you don't pay then the claimant can use various methods to enforce the judgement)

2. Apply for the judgement to be set aside ( Fee £225) You need solid grounds for the application and you will need to have a defence to the original claim " that has a reasonable" chance of success.

nem

Hi Nem
Many thanks for your reply. What cheeses me off more than anything is that I am so focused at the moment dealing with a family issue that I just totally forgot about dates. Also having Cabot say that they have no details of any agreement onboard as well!! What are classed as solid grounds and reasonable chance of success in setting aside?

[al_jh]

Re: Received judgement - forgot to enter defence

Hi Nem
Just another quick question. If I do have to bite the bullet and pay, I am not in a financial position to pay the monthly amount that is being asked. Would I be able to apply to the court and seek a reduction in monthly payments.
Many thanks for your advice and help.

[nemesis45]

Re: Received judgement - forgot to enter defence

[QUOTE=al_jh;641867] Nem
Many thanks for your reply. What cheeses me

Ok we can't claim that you did not receive the claim as issue was acknowledged.

Much would depend on " how serious " the family problem was and how it affected your actions or lack of action e.g. you could have asked for an extension of time to file using the family problem as a reason for the request.

It appears that the claimant did not have the document request via sect.78 CCA 1974 and was at the time of judgement was technically unable to enforce the debt. A possible defence imo.

nem

[nemesis45]

Re: Received judgement - forgot to enter defence

Hi Nem
Just another quick question. If I do have to bite the bullet and pay, I am not in a financial position to pay the monthly amount that is being asked. Would I be able to apply to the court and seek a reduction in monthly payments.
Many thanks for your advice and help.

Yes, you will have to prepare an " exhaustive" income and expenditure statement, but the old saying " they cannot have what you do not'"
nem

[al_jh]

Re: Received judgement - forgot to enter defence

[QUOTE=nemesis45;641872]

Nem
Many thanks for your reply. What cheeses me

Ok we can't claim that you did not receive the claim as issue was acknowledged.

Much would depend on " how serious " the family problem was and how it affected your actions or lack of action e.g. you could have asked for an extension of time to file using the family problem as a reason for the request.

It appears that the claimant did not have the document request via sect.78 CCA 1974 and was at the time of judgement was technically unable to enforce the debt. A possible defence imo.

nem

Hi nem
Family matters are always difficult for others to judge as they are always paramount to you and do take over your life at times.
I was thinking that Cabot not having any relevant documentation at the time the claim was made might be the way to go. If I do decide to go that route in trying getting it set aside, how does the £200+ payment to court work.
Many thanks

[nemesis45]

Re: Received judgement - forgot to enter defence

[QUOTE=al_jh;641875]

Hi nem
Family matters are always difficult for others to judge as they are always paramount to you and do take over your life at times.
I was thinking that Cabot not having any relevant documentation at the time the claim was made might be the way to go. If I do decide to go that route in trying getting it set aside, how does the £200+ payment to court work.
Many thanks

The £225 fee is now the standard charge for an application to the court (form N244) there are fee remissions available but qualification is quite tough.

nem

[al_jh]

Re: Received judgement - forgot to enter defence

Hi nem
Thanks for your time. I will ponder this over the weekend and weigh up paying £225 for the application and risk losing money I well can't afford, or just taking the judgement on the chin. If I get in touch with court requesting lowering payments, could I do that by email to Northampton or does it have to be more formally by letter. Cheers.

[nemesis45]

Re: Received judgement - forgot to enter defence

Hi nem
Thanks for your time. I will ponder this over the weekend and weigh up paying £225 for the application and risk losing money I well can't afford, or just taking the judgement on the chin. If I get in touch with court requesting lowering payments, could I do that by email to Northampton or does it have to be more formally by letter. Cheers.

More formally in writing using signed for post.

nem