** DISCONTINUED ** Claim form received Mortimer Clarke/Cabot

[poodlebetty]

Hi there
I've received a CCJ court claim form from the above to the tune of around £2500. Until last year I was using Payplan to pay this and other debts but then could no longer afford the repayments due to loss of job. I'm now a stay at home mum with 3 young kids so don't have any disposable income to pay this. I also don't really know what this debt is - suspect it is an Egg loan but not 100%. Is it worth me trying to fight it by requesting CCA? Or am I banged to rights because I was in a DMP and the last payment date would be only a year ago? The original debt/loan was taken out around 2007 - defaulted in 2009/10. Any advice would be helpful thanks.

[MIKE770]

First Steps

Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[MIKE770]

jaguar

[poodlebetty]

Thanks MIKE770 - having read through the first steps I notice it says that most debts from after 2007 end up being enforceable because the paperwork is available. Therefore wondering if it's just worth me avoiding more stress than necessary. Would they still be open to a settlement even after I've requested paperwork etc etc - Obviously I don't want to pay any but I begrudge ending up paying in full. Or is it a good idea to go down this route just to buy more time? I don't want to give up at the first hurdle but I want to be realistic about the best outcome. I also want to avoid a CCJ. Thanks for your help

[MIKE770]

have asked jaguars to pop in and adviise you!

[poodlebetty]

Hello - quick update - I have acknowledged the claim, sent a CCA request and a CPR 31.14 request - not had a response yet but it's still early days (they will have received Friday) - if I don't receive anything - what should I do?

[MIKE770]

usual not get paperwork at this stage, just state not received here at the time allow a few extra days, read other threads and you may see a pattern these companies take/

[MIKE770]

try to get help again for you

[MIKE770]

jaguarsuk

[jaguarsuk]

Thanks MIKE770 - having read through the first steps I notice it says that most debts from after 2007 end up being enforceable because the paperwork is available. Therefore wondering if it's just worth me avoiding more stress than necessary. Would they still be open to a settlement even after I've requested paperwork etc etc - Obviously I don't want to pay any but I begrudge ending up paying in full. Or is it a good idea to go down this route just to buy more time? I don't want to give up at the first hurdle but I want to be realistic about the best outcome. I also want to avoid a CCJ. Thanks for your help

Okay, so you can try to settle right up to and including on the day of the hearing.

Add 33 days to the date on the claim form and that is your deadline date for filing a defence. Plenty of post 2007 debts are unenforceable and therefore you are doing the right thing by asking them to prove you owe it, if they can then you'll have to settle and if not then off the toddle.

If you receive nothing back then you'll file a defence based on the Example Defence and then they need to source the documents before a possible hearing at your local court.

After filing a defence you'll have the opportunity to enter into mediation, which if you settled at that stage would be a legally binding agreement and not a CCJ. Any communication you send about settling to them directly should be headed "Without Prejudice" and you should seek "full and final settlement." If you do have to propose settlement you should remember they paid about 1p in the £1 for the deb, so about £25. Now they certainly won't settle for that, but they will probably take about half or 60% if you need to pay in instalments.

It is your claim and therefore nobody can tell you what is right to do, I personally want to know I'm banged to rights before I agree to anything. I do appreciate though that I'm very comfortable dealing with these sorts of things and that's not everybody. Do what is best for you.

[poodlebetty]

Thanks jaguarsuk that's very helpful - I too would rather know for sure. So is it possible to settle with instalments without getting awarded a CCJ - this I did not know and would be certainly more appealing should they come up with the paperwork. I want to avoid CCJ completely as these debts have already cast a long shadow. Would I actually physically have to attend court? Not sure how that would be feasible with 3 children (don't really want to ask family to babysit as they don't know about the debts). I am up for finding out for definite so I will wait for now. Just another quick one - if I do settle for a lower amount is it likely they'll be less inclined to be nice as I've asked for the CCA - also if they only offer a partial settlement is that ok as the default is almost 10 yrs ago anyway so won't be on my credit file?

Lastly - I also have letters from Wescott about various other debts on the same DMP we stopped paying - some small some larger - am I best contacting them now or waiting until things get more formal. I just don't want to deal with this legal stuff for another 3/4 to come off the back of them.....

Thanks so much for your help.

[jaguarsuk]

Thanks jaguarsuk that's very helpful - I too would rather know for sure. So is it possible to settle with instalments without getting awarded a CCJ - this I did not know and would be certainly more appealing should they come up with the paperwork. I want to avoid CCJ completely as these debts have already cast a long shadow. Would I actually physically have to attend court? Not sure how that would be feasible with 3 children (don't really want to ask family to babysit as they don't know about the debts). I am up for finding out for definite so I will wait for now. Just another quick one - if I do settle for a lower amount is it likely they'll be less inclined to be nice as I've asked for the CCA - also if they only offer a partial settlement is that ok as the default is almost 10 yrs ago anyway so won't be on my credit file?

Lastly - I also have letters from Wescott about various other debts on the same DMP we stopped paying - some small some larger - am I best contacting them now or waiting until things get more formal. I just don't want to deal with this legal stuff for another 3/4 to come off the back of them.....

Thanks so much for your help.

Yes, if mediation fails and they produce everything they need to win, then you can propose a Tomlin Order to settle (costs £100) in which is a schedule of how payments are going to be made to settle and this can be instalments or lump sum. Effectively that stays the claim, but gives the claimant the protection that if you do not adhere to the terms agreed they can apply to the court for a CCJ against you.

No you do not have to attend court, but it is always more favourable to go and perhaps you might have a bank appointment that day as far as family are concerned?

This is a process and they are not going to view you less favourably because you are asking for them to prove it. The people handling this are just office workers making their way through a process as well, they'll process the request and if at the appropriate time settlement is offered they'll try to get what is best for their client, but realistically what you'll accept. They don't really want this to go to a hearing and actually when it does they rarely actually attend.

This question is important: When did you last make a payment to this debt if the default was 10 years ago?

Personally I wouldn't do anything with the others, they may come and they may not, so why not let sleeping dogs sleep. If they come along, you'll just come back here and we'll work through it with you.

[poodlebetty]

jaguarsuk I was in a DMP with Payplan until last year when we stopped paying as I lost my job and it all became too much with a then small baby too So I guess technically the last payment was August last year but not to the original creditor to whoever it has passed to since then - hence why I don't really know for sure what this one is. Because of this recentish last payment is why I think I won't have a leg to stand on in court and why they will all Wescott included eventually come after me.

[jaguarsuk]

jaguarsuk I was in a DMP with Payplan until last year when we stopped paying as I lost my job and it all became too much with a then small baby too So I guess technically the last payment was August last year but not to the original creditor to whoever it has passed to since then - hence why I don't really know for sure what this one is. Because of this recentish last payment is why I think I won't have a leg to stand on in court and why they will all Wescott included eventually come after me.

Okay the reason it was important is that we now know the debt is not statute barred.

[poodlebetty]

jaguarsuk I was in a DMP with Payplan until last year when we stopped paying as I lost my job and it all became too much with a then small baby too So I guess technically the last payment was August last year but not to the original creditor to whoever it has passed to since then - hence why I don't really know for sure what this one is. Because of this recentish last payment is why I think I won't have a leg to stand on in court and why they will all Wescott included eventually come after me.

If only