County court money claim

[Amethyst]

Re: County court money claim

I remember something to do with Northampton county court. But unfortunately was just ignored. So probably only got myself to blame for all this coming on top of me! 😐

It might be a good idea to find out how old this is, unless there's any dates of the judgment on the form ?, check your credit file with Noddle or you can check the Register of Judgments at trust online. You could also give the claimant a call and ask them what the original judgment is for as you have had nothing prior to receiving this letter, and could they send you information - -- or, if you don't fancy that, you could give the court a call with the claim number - but they are unlikely to have any more information than the claimant, date of judgment and amount.

You MUST respond to this in one way or another ( as not to do so is an offence ) so you need to get as much info as possible to know whether you might be able to have the judgment set aside and fight it, get the order varied, or try and negotiate some sort of settlement with the claimant to avoid the AoE.

As Di says, we need to know a bit more to be able to help at all xxx

[Diana M]

Re: County court money claim

You MUST respond to this in one way or another ( as not to do so is an offence ) so you need to get as much info as possible to know whether you might be able to have the judgment set aside and fight it, get the order varied, or try and negotiate some sort of settlement with the claimant to avoid the AoE.

As Di says, we need to know a bit more to be able to help at all

That's what I'm thinking Amethyst.

The court order is based on an Application for an Attachment of Earnings in the name of Hoist Portfolio Holdings Ltd named as the Claimant.

We need to know whether the original CCJ was obtained by Hoist or Santander.

If it was Santander (not Hoist) we need to know whether Hoist were lawfully assigned the debt and have the lawful right to collect it via an AOE or any other enforcement measure.

Maybe they have but it's always good to check these things

Di

[Smurphy90]

Re: County court money claim

I'm looking at a way to get hold of the claimant.. Not having much luck or knowing really who I need to contact.. Could anyone give me some suggestions? I'm hoping my best bet will be to speak to them to see if we can come to some kind of payment plan??

[Amethyst]

Re: County court money claim

Howard Cohen sols would be the ones to talk to first - 0113 244 0597
Hoist is 0161 935 2233

I would try and find out what it is first though before going in with any offer, unless you have an idea already ?
Also don't get talked into making any offer that isn't affordable long term - you can apply to the court to have the judgment varied - depending on your circumstances - or set aside if you think you could defend the claim - tricky to knowif you'd be likely to be able to do that without knowing what the claim is for though.

[Smurphy90]

Re: County court money claim

I just don't want anything further to happen that's what I'm worried about. I wouldn't even know where to start with a response to them. I know I've been stupid by ignoring and ignoring so feel I should just get a plan set up of possible and get gone! How could I respond to them at this moment in time? I don't want to have to send work details to them either really!

- - - Updated - - -

The claim is for a Santander credit card I had at least 5/6 years ago have no paper trail from having it before/during/after.. Just ignored all letters ever sent to me. Then was getting contacted from Robinson way and it seems to keep just getting passed on and on.

[Amethyst]

Re: County court money claim

Okay well this is your chance to get this sorted once and for all. Doing nothing isn't an option.

Give Howard Cohen a call tomorrow, say that you have just received a letter regarding a court judgment, and this is the first you have heard about it. Would they kindly send you an email with details of the claim and original creditor, and original claimant, so you can make enquiries and consider whether to apply to the court to have the judgment set-aside. Then let us know what they say.

Re negotiating, they would have to go back to Hoist to agree any settlement offer - and they might accept a lower offer if you could afford to pay a lump sum ( they'd rather that than installments for 10 years or the hassle of an AoE )

You will need to complete the form quite soon but it's best to know what your options are first.

It is unlikely to be statute barred ( as the judgment was probably a fair few months ago ) and you defaulted 5/6 years ago, they probably got the judgment in before it went statute barred, could be a year ago even that they got the CCJ.

Do you recall when you opened the Santander card account ?
Do you recall if you had any PPI on the account ?
Any disputes on the account - or simply a change in circumstances that led to default ?

Do you have other debts you need to be having a look at to ensure you don't end up with more of this kind of letter on your doormat?

[Smurphy90]

Re: County court money claim

Think I opened the account about 2010. Have no other debts was just young at the time and stupidly paying for it now especially with having two children, rent to pay, shopping and everything it's very stressful!

I will call them tomorrow ask if they can send me all details of the claim. Not likely I'll be able to afford one lump right now but possible I could pay instalments and then hopefully pay the balance off once it comes down??

Really can't remember much about the account!

[Amethyst]

Re: County court money claim

Don't worry, we have all been there ( which sounds like something we'd just say - but seriously most of us on here have been in your exact position and likely a whole shedload worse - so really don't worry - we do understand !)

Main thing we need to figure out your options is when the judgment was obtained and whether it actually came to your address ( have you moved since defaulting on the account for example )

[Smurphy90]

Re: County court money claim

No have not moved address.. It would have come this year I remember reading a letter from Northampton county court.. I'm guessing that would of been the judgement?

I will speak to them tomorrow and hopefully can get back to you guys with some more information!

[Diana M]

Re: County court money claim

Here's some information about the Attachment of Earnings legal process so you can see what your options might be in the worst case scenario if the court make an order.

Note that if the creditor knows where you work (do they?) they can ask the court to go direct to your employer for the information if you don't return the N56 form > https://www.nationaldebtline.org/EW/...ngsorders.aspx#

You may also have the option to apply to the court to suspend an Attachment of Earnings Order so the money is not taken from your salary.

Let's cross each bridge as you get to it.

Di

[Smurphy90]

Re: County court money claim

Ok so I've spoken to Howard Cohen sols.. Hoist.. Robinson way and court claims centre all this morning. All telling me I need to send the form back which I will today.. Have asked to set up a payment plan which they can't do at this moment because of the stage it's at.. Robinson way said to fill second part of the form so that I can freeze the attachment of earning?? Is that correct? I just want to really get a payment plan set up and just get this gone within year or two hopefully.

I don't want my work to be contacted regarding this so do I not put work details on form?

Thanks

[Amethyst]

Re: County court money claim

To pay voluntarily without your employers involvement you complete the bit that asks for a suspended order. You still have to give the details though in case your voluntary arrangement fails. I haven't looked at the form for a while and they keep changing these things so will have a look ( unless Di knows off the top of her head) which bit you need to do.