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Approx 15 years ago I had a debt to Capquest Financial which they took to court and I was ordered to pay £2.00 per month, which I have paid every month by direct debit ever since.They are now saying the Court Order has expired and want me to fill in a income and outgoing expenses form so they can adjust payment to what they think. Does a Court Order actually expire or are they just trying it on?
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As your circumstances were such that the debt was ordered to be paid at a 'nominal' amount' at that time, it is reasonable for any company to ask for details of your financial situation now. They are within their rights, so it would be best to comply with the request, or possibly face additional costs. After all, after 15 years your financial situation may have improved and it is the job of the court to try and be fair to both sides. You have had the benefit of that for 15 years. -
It might be an idea to send them a CCA request, see what they send you, make sure you get Proof of Posting.
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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