Can anyone help me

**nemesis45** · 5th August 2015, 19:58:PM

Re: Can anyone help me

Originally posted by sarah01268 View Post

I received a letter this morning and have been worrying about it all day it was from restons solicitors and it reed
Dear madam
Re: Cabot Financial (UK) Limited v.yourself
Barlclaycard Littlewoods - Credit Card

Please note that the above account is now subject to a county court judgement granted July 39,2015

As such, you are now required to pay the outstanding balance of £1,228.50 by no later than August 17, 2015. Our bank details for payment transfer are:

bank
sort code
account number
please ensure our reference number is quoted when making payment.

Failure to make payment in full by the above date may result in the matter being returned to court for enforcement.

yours faithfully
Mr C Entwistle, Case Manager
pp Restons Solicitors Limited

I think the debt is one I was paying off 3/4 years ago I have paid half but I have moved twice since and I have not heard anything till I got this letter today. The debt was for a Barclaycard credit card from about 15 years ago when I was young and silly. But like I said I did start paying it and paid around half and move not had anything till today and now I'm really worried that they might just turn up. I would be very greatful if anyone can help. Should I just call and ask if I can pay it of weekly like before? When I was paying it before it was a man that use to come to my door and collect the payment every week.
Please help many thanks Sarah.

Good evening Sara, welcome to LB
I presume this judgement was July 29 2015?
Have you in the last 3 months received a County Claim Pack from the Northampton County Court Business Centre?

If the judgement has been so recently made and the court and the claimant seem to have your current address as you have received notice of the judgement.

If you don't pay as ordered the claimant can seek to enforce the judgement by various means such as an Attachment of Earnings Order or instructing bailiffs to recover the debt but you need now to contact Restons and make an offer of payment, unless you have any grounds to have the judgement set aside in which case you will need to have a defence with a reasonable prospect of success against the original claim.

Do you know how much you have paid off this debt, does the amount of the claim appear to be correct ?
nem

**FlamingParrot** · 5th August 2015, 20:05:PM

Re: Can anyone help me

Welcome aboard

It sounds like they have obtained judgment in default against you (a CCJ).

You say you moved, so I can only assume they issued a claim at your old address and when you failed to respond, they requested judgment.

If you had a valid defence to the claim, you could consider applying to have the judgment set aside. Default judgments are usually made forthwith, meaning the full amount is payable immediately, If you admit the debt and wish to repay the judgment instead of applying for set aside, you should apply for a redetermination. You need to do do this within 14 days of the judgment being made and there is no fee payable. If you leave it longer, you can still apply for a variation but you'll have to pay a fee.

To apply for redetermination, you need to prepare an income and expenditure statement and attach it to the letter below:

Date

To:

County Court Claim No:
Name of Claimant: Cabot Financial
Claimant’s Ref. No:
Name of Defendant: (your name)

Court Name:
Court Address:

Application for redetermination

Dear Sir /Madam

I would like to apply for the above judgment to be redetermined under Rule 14.13 of the Civil Procedure Rules. I understand that because the judgment was granted without a hearing I am entitled to have this redetermined at my local county court. As this application also falls within 14 days from the original order I understand that no fee is required.

I am applying on the grounds that I am suffering financial difficulties and I am unable to pay the instalment as ordered on xx/xx/xxxx. I have enclosed an up-to-date budget and list of creditors to help the court reconsider the judgment.

As you can see my budget shows I cannot pay the amount specified. I am therefore offering to pay £xx.xx per month towards this debt.

I look forward to hearing from you.

Yours faithfully

They have given you time to pay so you should be able to get this done before the 17th anyway (and you'd avoid the fee :grin

. They can't just "turn up", to enforce the debt they'd have to apply to the court for an attachment of earnings (if you are employed) or a warrant of control (to send bailiffs). If they applied for a warrant, you'd get a notice giving you at least 7 clear days (excluding Sundays) before any visit and you could apply to have the warrant suspended, however, if you do the above you shouldn't have anything to worry about. :thumb:

**sarah01268** · 5th August 2015, 22:19:PM

Re: Can anyone help me

Thank you for getting back to me so quickly. I have checked and the amount seems to be less than what it is ment to be so I'm not to sure what's happened.

**sarah01268** · 5th August 2015, 22:29:PM

Re: Can anyone help me

Thank you so much for getting back to me. I have not got the court name or address that is all I got that letter there is nothing about the court but does this letter mean it has been to court? I have not got the money to pay it in full. I'm willing to pay but my partner works and we struggle to make ends meet each week. Also I said I thought I was paying it the debt is lower than I have so I'm not sure it's the same debt? Kind regards Sarah.

**FlamingParrot** · 5th August 2015, 23:19:PM

Re: Can anyone help me

Originally posted by sarah01268 View Post

Thank you so much for getting back to me. I have not got the court name or address that is all I got that letter there is nothing about the court but does this letter mean it has been to court?

You can search the CCJ record online to look for any judgments: http://www.trustonline.org.uk/search-yourself

Originally posted by sarah01268 View Post

I have not got the money to pay it in full. I'm willing to pay but my partner works and we struggle to make ends meet each week. Also I said I thought I was paying it the debt is lower than I have so I'm not sure it's the same debt? Kind regards Sarah.

If you were able to pay in full within one month, the CCJ would be wiped off the record, however, if you are not able to do so you can apply for redetermination as I posted above, but you have a limited time to apply. :clock:

**nemesis45** · 6th August 2015, 07:03:AM

Re: Can anyone help me

Originally posted by sarah01268 View Post

Thank you so much for getting back to me. I have not got the court name or address that is all I got that letter there is nothing about the court but does this letter mean it has been to court? I have not got the money to pay it in full. I'm willing to pay but my partner works and we struggle to make ends meet each week. Also I said I thought I was paying it the debt is lower than I have so I'm not sure it's the same debt? Kind regards Sarah.

Good morning,

Normally I would say check trust online for a record of the judgement but as you have not received a copy of the judgement order this will not have been recorded yet as you have 28 days to pay in full and the judgement will not be recorded anywhere.
You have also 14 days to apply for redetermination.

nem

There is also a considerable backlog of cases throughout the court system.

**sarah01268** · 6th August 2015, 09:00:AM

Re: Can anyone help me

Thank you so much for your help but I don't no what a redetermination is or what it means? What's the next step if I can't pay it in full in a month because I really can't I would need a weekly payment plan or something like that.

**nemesis45** · 6th August 2015, 09:08:AM

Re: Can anyone help me

Originally posted by sarah01268 View Post

Thank you so much for your help but I don't no what a redetermination is or what it means? What's the next step if I can't pay it in full in a month because I really can't I would need a weekly payment plan or something like that.

Hello Sara,

A case can be reviewed by a court is and application is made within 14 days of the date of judgement.

Given all you say it seems that you would rather make an arrangement to pay what you can reasonable afford, if that is the case write to the claimants solicitor and explain that there is absolutely no prospect of payment in full and only very limited fund available to make weekly or monthly payments.
It would help with this if you have an income and expenditure statement showing your net income and it's source and listing all priority debts and all other commitments such as catalogue accounts etc.

nem

**FlamingParrot** · 6th August 2015, 10:07:AM

Re: Can anyone help me

Originally posted by sarah01268 View Post

Thank you so much for your help but I don't no what a redetermination is or what it means? What's the next step if I can't pay it in full in a month because I really can't I would need a weekly payment plan or something like that.

To explain, if a creditor takes you to court you should be notified of the fact and given an opportunity to either defend the claim or admit it and make an affordable offer to repay it, however, because you have moved, the claim form was probably sent to your old address so you couldn't respond to it. In the absence of any response from the defendant, the claimant can request default judgment as in your case.

Default judgments are initially made for the full amount to be paid immediately, however, you can apply to make monthly instalments instead. If you do it promptly, you can do it without having to pay a fee, by writing a letter such as the one I posted here: http://www.legalbeagles.info/forums/...661#post565661

The letter needs to be accompanied by an income and expenditure statement to back up your monthly instalment offer. You don't have to pay in full within 28 days, however, if you are able to do so then the CCJ will disappear, is as if it never happened. To summarise, your options are:

To apply for set aside if you think you would be able to defend the claim, for example if you hadn't made any payments in more than six years, it would be SBd. The application would cost you £155 unless you qualify for fee remission. . If successful, the CCJ would go but the claimant could re-issue the claim, hence the need for a solid defence; or
if (1) above is not an option and you don't want a CCJ on record, to pay in full within a month, in which case the CCJ would disappear completely; or
if you can't afford to pay in full, you can apply for a redetermination as noted above. There is no fee payable but you have to act promptly; or
if you miss the deadline for a redetermination, you can still apply for a variation of the terms of the judgment so instead of it being payable immediately, you can pay in monthly instalments you can afford. You'll need to fill in an N245 form and pay a fee (currently £50): http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

**sarah01268** · 6th August 2015, 11:05:AM

Re: Can anyone help me

Thank you so much for that you have made it so much clearer. If I pay monthly will I still have a ccj?

**Amethyst** · 6th August 2015, 11:06:AM

Re: Can anyone help me

Yes.

**sarah01268** · 7th August 2015, 08:25:AM

Re: Can anyone help me

Thank you and everyone else for their help I'm really greatful.

Can anyone help me

Can anyone help me

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