Help with CCJ. What to do next please.

[maddogwhite]

Hi i have recieved a county court judgment from Cabot finacial. i am currently in fiinacial difficulty and do not no what to do. I am currently claiming job seekers allowance till i find work and can not afford the £50 a month they are asking. I am behind on all my major bills so trying to find spare money at the minute is hard. What are my options please without them sending ballifs to my door, i am living in a council property no morgage.
regards
Andrew

[warwick65]

Do you remember getting a claim form from the court ?

Did you do anything at that point?


If you are on JSA you can apply to the court for a re determination of the amount you need to pay and if you are on means tested benefits ut is likely you will get help with the fees

[MIKE770]

give details of type debt and all the info you can

[maddogwhite]

Hi it was for a credit card dept from capital one who then sold the dept to Cabot financial. I responded to the claim. Sent the request to there solicitors etc to show me proof of the agreement. Next minute I now it has been dealt with in court without being notified off the solicitor. That is why I never sent the means tested form in.

[MIKE770]

you sent in your defence ? in the time frame, CPR31.14 Request to solicitors,,, CCA1974 request to the Owners?

[MIKE770]

@DianaM

[maddogwhite]

Yeap. And still got stung. Weather something went wrong I don't no.

[Diana M]

I responded to the claim. Sent the request to there solicitors etc to show me proof of the agreement. Next minute I now it has been dealt with in court without being notified off the solicitor. That is why I never sent the means tested form in.

How did you respond to the claim - did you file an Acknowledgment of Service stating that you intended to defend all of the claim (or maybe an admission of the debt) which was filed at court perhaps online with MCOL or by post?

Or did you simply ‘react’ direct to Cabot or their solicitors by phone/email/post with no communication with NCCBC/MCOL?

Who are/were the solicitors acting for Cabot?

Was it Mortimer Clarke, Restons, Shoosmiths or another firm?

When you asked Cabot (or their solicitors?) to show you the credit agreement did they say that the account/Claim would be put on hold while they contacted Capital One (original creditor) for the documents? Could this have been the reason you ‘downed tools’ on the Claim?

Was your request to show you proof a formal s77-79 CCA Request together with the £1 statutory fee?

Sorry for all the questions but it’s necessary to establish your legal position before making any suggestions on possible options.

I’m not putting words into your mouth, I’m simply trying to help you make an informed decision as to your next steps.

Try not to worry while this gets sorted.

Di

[maddogwhite]

Hi it was Mortimer Clarke for Cabot. I sent them the £1.00 for the cca request and followed the guides. I have another one which is on hold at present by following the same guide. That has been over 6 month on hold. Is there anyway to log back in to money claim with the ccj case to view its history and check everything was followed. I tried but now it won't let me see the case.

[maddogwhite]

Or sorry I forgot to say I had no reply back from the solicitors acting for Cabot.

[Diana M]

Or sorry I forgot to say I had no reply back from the solicitors acting for Cabot.

Can you clarify if Mortimer Clarke Solicitors would have known that you sent a CCA Request to their client/Cabot/Claimant? Did you send them (Mortimer Clarke) a copy of your CCA Request?

Or are you saying that you sent the s77-79 CCA Request direct to Mortimer Clarke?

Di

[Diana M]

I have another one which is on hold at present by following the same guide. That has been over 6 month on hold. Is there anyway to log back in to money claim with the ccj case to view its history and check everything was followed. I tried but now it won't let me see the case.

Maybe it’ll makes sense to start a new thread for this other claim in the hope that you can avoid another Default Judgment if things are heading in that direction.

Di

[maddogwhite]

Yes sent the solicitor a copy also. like i say i have done this before and everything was fine. After i done it alland never heard within 2 weeks i went back onto money claim and done the defence. Then i waited like you do.

[maddogwhite]

I do not think the defence has gone through on money claim due to a computer clitch or something, now i can not get onto there to check everything. I take it once ccj is served that you can not log back in can you. I was fuming when i got this letter for the ccj. I would have gone for a dept relief order to solve all of this but they will take my car with it being worth more than £1000.

[maddogwhite]

I have managed to log in to my claim here is what it says.
if you do nothing, judgment may be entered against you.

Claim Summary Claimant
Cabot Financial (UK) Limited

Claim Number
xxxxxxxx

Defendant
xxxxxxxxxxxxxxxx

Amount Claimed
£2,870.86

Court Fee
£105.00

Solicitor Costs
£80.00




Total Amount
£3,055.86

Issue Date
18/01/2018


Claim History Your acknowledgment of service was submitted on 01/02/2018 at 12:09:46


Your acknowledgment of service was received on 01/02/2018 at 14:02:19


A judgment was issued against you on 22/02/2018 at 19:20:31