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Restons CCJ - Honours Trustee Limited

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  • Restons CCJ - Honours Trustee Limited

    Hello, happy to be here with my first post!

    I appear to be in a bit of a pickle. I took a year long sabbatical from work under the impression that both of my student loans were deferred. Usually when deferring one, the other is deferred also, but it has transpired that as my debts had been sold on this didn't happen.

    I have returned to a non-communicative Honours Trustee Limited who have passed on my debt to Capita (I think this is the company mentioned today) and then Restons Solicitors who are acting on behalf of Honours Trustee Limited.

    I have a B132 form (Notice to a registered proprietor of the entry of an agreed notice) dated 27/11/2015. I also have the Interim Charging Order at Kings Lynn County Court dated 23 November 2015. I was supposed to appear at Kings Lynn Magistrates court on the 18/01/2016 but asked to change it to Sheffield County Court: they have given me a date 07/01/2016 which doesn't give me much time to figure out what to do.

    I spoke to Reston's today and offered to pay the debt with a debt management plan, something I am happy to do but I am very concerned about the CCJ acting like the dark-mark on my credit record even with the determination to pay off the debt.

    I asked Reston's for evidence of a contract to prove that the debt exists but they seemed to dismiss my request (which, incidentally they do have in writing) as previously, in my absence the County Court ruled that I am liable for the debt - I have this document somewhere, just not to hand. So my request for advice or assistance is as thus:

    *How do I represent myself at Sheffield County Court?
    *If there the claimant doesn't provide proof of a contract between myself and them how do they evidence a debt exists? - I know this is a bit sketchy as I didn't attend the court hearing but I did actually break my collarbone on the 28/09/2015 which pre-dates the CCJ; does this affect things?
    *I've researched a little bit, the difference between legal and lawful but I am unaware how this works in practice and would not be confident going to court with this, but, I also accept that I could be ready in two weeks with the right advice. Am I essentially challenging the right of Kings Lynn County Court to rule I am liable to pay a debt in my absence if there are extenuating circumstances which lead to the absence. And, if so, what sort of documents can I access to prove this? And is there a way to delay the day of the hearing?

    Right, a lot of words, I can upload pictures of the documents I have received from Restons and/or the courts.

    Understandably I'm a little concerned, worried in fact as I am under the impression that getting a CCJ on ones credit score is the death knell to anything credit based!

    Thanks in advance for any inputs.
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  • #2
    Re: Restons CCJ - Honours Trustee Limited

    As of today I have written a letter to Restons asking them to 'not object to my application to set aside the CCJ' - I was out of the country when it happened, and actually broke my collarbone a few weeks after getting back.

    I'm not sure if it will wash, but, I have also offered to pay the debt back at the schedule they requested (£50 a month). So, that letter has gone recorded 1st class tonight and I'll await their response.

    If someone could advise me though, I have read some of the threads here on folk challenging CCJ's with interest. But, should I offer, as the defendant to pay the £155 fee, or should I try and get them to pay it? I'm not too sure on who the responsibility rests.

    Thanks!

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