Settled by consent order Cabot CCJ

**Amethyst** · 11th December 2018, 14:03:PM

Hi Womble

No it hasn't gone too far, first job is to acknowledge the claim (Acknowledge Claim) with intent to defend in full so that you have the full time allowed to decide what to do - defend or negotiate an installment plan.

If you can do that then type out the particulars of claim on the claim form, and tell us when you last made any payment or defaulted on the Aqua card please we can have a look at what you want to do. It sounds like it might be quite a recent debt so is likely to be enforceable and valid.

You still have opportunity to negotiate to pay this by installments, depending on your circumstances, you may be able to get Cabot to agree to keep this claim on hold while you make said installment payments - a CCJ helps no one - it doesn't help Cabot get the money any quicker and it doesn't help your situation improve so that you could make bigger installment payments. Remeber Cabot don't know anything about your circumstances or situation unless you tell them, so up to this point you are simply a name and ££ on a list of debts they've purchased from Aqua... so once we've got the full picture a letter to them is a good idea.

Did you receive a letter of claim before you received the court forms which you just ignored? ( understandable - but just to check if they did follow the process )

**Womble33** · 18th December 2018, 11:50:AM

Hi Amethyst,

Thank you so much for your reply. Truth be told I'm not coping with this very well and keep having melt downs every time I try to deal with it. However I know it is not going to go away and I have to take some sort of action.

I have completed the Acknowledgement of service and ticked 1. I intend to defend all of this claim. This is going in the post today. (The issue date on my claim form is 07/12/2018).

Here are the Particulars of Claim:
By an agreement between SAV Credit Re Aqua & the Defendant on or around 23/05/2016 ('the Agreement') SAV Credit Re Aqua agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3931.13 2. Costs

I have managed to view my credit report and I have found out that the date of default is the 29/06/2018.

I have checked through all of my letters and I think yes I did receive a warning. It was from Mortimer Clarke Solicitors, dated 02/11/2018. The letter said 'If you do not contact us within 30 days from the date of this letter, Cabot may ask us to issue court proceedings and then we will ask the court to order a county court judgment against you.' Then there is a long form included which I could have filled in and sent back to them with all my incoming and outgoing expenditure, to arrange a payment plan. Really wish I could turn back time

I really hope you are able to help me further as I do not know what I should do next.

Thanks,
Womble

**Amethyst** · 18th December 2018, 12:15:PM

Can you get signed up and logged in on Moneyclaim online at all ? You might feel more in control if you can do that and put the acknowlegdment in that way, so you can see it's done and have a receipt. If you prefer to stick to paper then I might send it by recorded delivery to the court, just considering we're a bit near Christmas posting deadlines and whatnot to make sure it gets there.

So while you're at the post office you can send a couple of letters to get more information about the debt which will be helpful when you do your defence later. The problems they have responding may also help you to negotiate an out of court installment arrangement, but it is best to send them first to find out what you full position is.

CCA Request - get a £1 postal order from the post office and send with this letter to CABOT

CPR 31.14 Request - change to ask for agreement, notice of default/termination and notice of assignment and send to Mortimer Clark (if they are acting as the solicitors ? maybe Restons?) should say on claim form anyway.

Subject Access Request Letter to send to AQUA - just asking for any/all data held about you.
aqua Customer Services
PO BOX 173
Sheffield
S98 1JW

Thanks for typing the particulars of claim out

As they are claiming SAV Credit re Aqua the agreement they produce should be with SAV Credit - however in 2016 Sav Credit had changed its name to Newday (in 2014 ) so it won't be. So that's a plus for the defence

Don't worry about the pre-action letter, one debt collection letter looks very much like another and once you start ignoring them it becomes a bit of a habit lol. It does seem very quick to have gone for court action after you defaulted on the account though, you only defaulted in June 2018? after taking it out in 2016. So there hasn't been a great deal of debt collection going on in between default and court has there.

Considering your situation and that this debt is very likely to be enforceable I think we should also write to Cabot ( next week probably) on a without prejudice basis making an out of court installment settlement offer - can you complete that reply form income and expenditure sheet and see where you think you might stand on AFFORDABLE payments ( so make sure you include everything in your expenditure so it's affordable long term ) - then a letter marked 'WITHOUT PREJUDICE' asking if they'd accept X per month until your situation improves ( so review 6 monthly ) under a 'Tomlin Order' (for their security but you don't get the CCJ against you ) and detailing your health issues and huge affect a CCJ would have etc.... might be an idea. Do you own your own house ?

**Womble33** · 2nd January 2019, 22:48:PM

Hi Amethyst,

I didn't realise that you could do the acknowledgement via the Moneyclaim online, thanks for the info.
I used this service to acknowledge on the 18th December.
I also posted the CCA Request, the CPR 31.14 Request and the Subject Access Request letters on 21st December.
I have not had any response from any of those letters as of yet.
I posted a letter to Cabot on 28th December, marked without prejudice, making all the points that you suggested.
Ive not had a reply back yet, hopefully this is because it has fallen over the Christmas and New Year period.
Oh and I do not own my own house, I am renting right now.
I'm not sure what to do right now, should I wait a few more days? The date of issue on the court form is 07/12/18, so the date to admit any type of defence is any day now.

Thanks,
Womble

**Womble33** · 7th January 2019, 19:42:PM

Hi,

I have today received some letters in the post from Cabot and Mortimer Clarke.

In response to the CCA Request I sent to Cabot I got a letter back today saying that they currently do not have the relevant information on file and that they will be requesting a copy of the credit agreement from the original lender (Aqua). They say it will take some time but will write to me within 12 days with an update.
They then invite me to call them to work out a payment plan whilst they are sourcing the paperwork and remind me that 'Even if we are unable to supply your paperwork this account will remain on your credit file for six years from the date the default was registered'.

In response to CPR 31.14 Request that I sent to Mortimer Clarke I got a letter from them today saying that 'We believe that you may have already inspected the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.'
They then ask me to confirm which documents I have in my possession to avoid duplicate inspection.
They say they have requested a copy of the original agreement and default notice and will inform me when they are in receipt.
They confirm that their client (Cabot) is willing to agree to the extension of 28 days for me to file my defence.
Then this is written 'Pursuant to CPR 15.2(2) please notify the court in writing of the agreement'.

I do not know what CPR 15.2(2) is?!

I am now going to complete my defence and send it recorded delivery in the morning as my deadline is 9th!
I'm not sure what to write in the defence, there is an example letter that I have seen on the forum, so I will use and adapt that. Hopefully this is the right thing to send!

If anyone can offer me any advice on what to do next I would really appreciate it.

Thanks,
Womble

**MIKE770** · 8th January 2019, 09:16:AM

usual response from them regarding CPR 31.14 ignore for now they know they may have to supply at a later stage do not respond to their request for you to state what paperwork you got as they are trying to say you requested items you already got , ignore their comment but file the letter for later use if necessary

**Womble33** · 8th January 2019, 09:25:AM

Thank you, will do

**Womble33** · 13th March 2019, 14:45:PM

Hi,

I managed to avoid a CCJ and Mortimer Clarke agreed to do a Tomlin Order with me. (Thank you for your advice Amethyst).
They did change it for me to pay more than I suggested but not by much. Which I will take this any day rather than getting a CCJ.
So I signed the Tomlin Order in February and today in the post I received a document from the Court. 'General Form of Judgement or Order'
The wording is:

IT IS ORDERED THAT
1.The application has been approved by consent in the terms sought.
2.Because this order has been made on the application of a party without notice of the hearing being given, any other parties have the right to reply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within seven days of service of this Order.

I'm not sure what I am supposed to do next, I've tried to contact Mortimer Clarke twice but I have been put on hold and disconnected both times?!
Does the wording on this court document sound as it should? Do I need to do anything?
Also am I right in thinking a Tomlin Order doesn't appear on your credit file?

Thanks
Womble

**Amethyst** · 13th March 2019, 14:54:PM

The consent order has been accepted by the court, so all you need do now is comply with the terms that were agreed. Have you started the payments ? There shouldn't be a CCJ no - presumably the Tomlin order keeps the claim on hold unless the terms are breached ? If you're not sure you can post up a redacted copy of the consent order and schedule to check.

**Womble33** · 13th March 2019, 15:05:PM

Hi Amethyst,

I did ideally want to upload the documents but I'm struggling, it says the size is too big.
What's the best way to upload?

Thanks,
Womble

**Amethyst** · 13th March 2019, 15:13:PM

Email me ( or if doing pics on phone, screenshot the image first and upload the smaller screenshot )

admin@legalbeagles.info

**Womble33** · 13th March 2019, 15:50:PM

Hi Amethyst,

I have managed to upload! I have not made any payment yet, but will do now if all is in order. I'm not sure who I make payments to but I am going to try and get through to Mortimer Clarke again or email them.
I know I have a default on my credit report now from Aqua for 6 years but will this Tomlin Order be registered on my report?

Thanks,
Womble

Attached Files

**Amethyst** · 13th March 2019, 16:12:PM

Yeyyy ! Screenshotting works .....

Nope the Tomlin order won't show.... and the default will fall off after the 6 years from the default date. They might put that it's under an arrangement but more likely it'll just sit showing as a D until it falls off.

So what you need to do before the 18th is make that first payment of £40 - if you can't get through to MC then give Cabot a call and tell them you want payment details to make payments pursuant to the consent order ( and tell them you can't get through to MC ). They should give you bank details to set up a standing order - I don't know when you get paid etc but set up the SO to go out the day after, if you don't get paid until the 1st then just set it up for the 2nd and if you possibly can make your first payment a double payment so you are ahead of yourself in case something goes wrong one month. Soon as you made your first payment write to MC and Cabot with evidence of the payment and a copy of the order so they can confirm payments are being made correctly. All helps if anything goes wrong later. 104 months is a long time so if things improve in a year or so you could look at offering a full and final settlement to bring it to an end.

If you do miss a payment then they can go back to court and lift the stay and request a judgment, which obvs would be a pain in the bum to deal with so it's imperative you get things set up so it works for you and removes any risk of that happening.

**Womble33** · 13th March 2019, 16:35:PM

Hi Amethyst ,

Thank you for looking over the documents. I will follow all that you said and I definitely won't be missing a payment. This has been pretty stressful

I will hopefully be able to pay more in the future to get the debt paid back quicker.
Thank you so much for all of your help and guidance along the way, without the help of this site and people like yourselves, I would no doubt have ended up with a CCJ.

Thanks,
Womble

Settled by consent order Cabot CCJ