I'm a wannabe debt-free

Hanginthere · 31 October 2017 at 5:16PM

Hi

First of all I'd like to thank and appreciate this forum for providing a platform for debt-free wannabes to discuss and get some sort of advise or indication on how to proceed with the never ending quest of a debt-free life. :beer:

In 2010 I defaulted on few CCs and Loans. I tried to manage my debts via a debt help company who arranged a monthly payment plan for me with all my debts consolidated into 1 account. During this time I was moving houses and lost control of the payments and mid April 2011 I lost my job and I defaulted of the debt plan as well. From then onward I was basically a vagabond with no permanent address, lost all my paper work. Life got very stressful and in early 2014 I left UK for a year. I cam back in April 2015 and decided to ignore the letters until they become SB.

Last month I got a Notice of Application for "Attachment of Earnings Order" which I ignored. Then I got a "Notice of Transfer of Proceedings" and subsequently 3 weeks ago I got N61 asking me to contact bailiff, amount is just over £900.

Current situation:
I am not sure which creditor this £900 relates to but I'm sure this can be found out. How?

I'm slowly now getting back on the job and trying to fix broken ends. With that intention I made a CCJ search in my name and found out that I have 2 CCJs. One in Jan 2015 (I was not in UK from May 2014 to April 2015) for an amount just over £5k and one in Feb 2016 for around £700 (which is now the above mentioned £900). I intend to pay this 900 with in a few days as it is urgent before they contact my employer with "Attachment of Earnings Order".

What should I do about the 5k CCJ?

I'm thinking of paying this off as well but I need to make sure I'm paying what is rightfully owed and nothing in excess as I'm going to be asking family for the money. Also does my absence from UK during this CCJ helps me in anyway of getting this removed?

I was young and a fool for letting this get out my hand in the first place and paid an even higher price of wasting 5 years of my life with no progress and a lot stress and depression plus the bloody money is still haunting me.

Any advise on how I should proceed is very much appreciated.

P.S. WOW I feel so relived I've let his out for the first time in 8 years by sharing this on this forum!

HairyHandofDartmoor · 31 October 2017 at 7:17PM

Welcome to the forum

I'm not the best person to help you with your specific query, but I know someone with more knowledge than me will be along to help you soon.

HelleBelle · 2 November 2017 at 12:49PM

Hi! Also not the best person to help but wanted to stop by and say well done on getting to where you are now.
x

National_Debtline · 2 November 2017 at 1:21PM

Hi there and welcome to MSE,

If you have received an N61 3 weeks ago via a bailiff I am afraid this is quite a serious situation. You should've had 8 days to complete this and return the information to the court. If you have not done this then unfortunately, they can issue a warrant for your arrest as you will be held in contempt of court. If this was paid in full before this was issued then they may not take any further action, however, I would recommend that you get legal advice on this ASAP.

With regard to the other CCJ, that you have, you should call the court, quote the case reference number and ask who the claimant was. You can then call the claimant and ask what debt they were chasing. However, please be aware this may spark further enforcement action as the judgement is currently in default (but there is no other way to find out information). You can ask them for a breakdown of the judgement and if you feel the balance is wrong you can try to challenge it at court with a set aside application.

Unfortunately, not receiving the claim forms is unlikely to be an issue as claim forms only have to be sent to the last known UK address, so if you moved and had not told them that would be why you missed the paperwork.

Laura
@natdebtline

Hanginthere · 2 November 2017 at 1:27PM

Can you please recommend any solicitors to take advise from?

Hanginthere · 2 November 2017 at 2:02PM

National_Debtline wrote: »

Hi there and welcome to MSE,

If you have received an N61 3 weeks ago via a bailiff I am afraid this is quite a serious situation. You should've had 8 days to complete this and return the information to the court. If you have not done this then unfortunately, they can issue a warrant for your arrest as you will be held in contempt of court. If this was paid in full before this was issued then they may not take any further action, however, I would recommend that you get legal advice on this ASAP.

I'm literally shaking with fear now! I'm calling the number on the letter and paying the amount. should I just call the court after and tell them that I have paid in full and I missed the post and did not know about this? cause that is literally what happened I opened my post only a few days ago to find all this mess. This N61 is not a form its a letter to contact the court or the bailiffs. It does not say any time to respond on it just says contact ASAP.

National_Debtline · 2 November 2017 at 6:31PM

Hello again,

I am sorry that I have worried you, but it is important to let you know what stage of the process you are at. I would suggest that you call the court tomorrow morning and try and speak to the duty solicitor. Explain the situation and that you would like to pay it in full now. Ask them what would be the best way to go about this. They may refer you to the claimant to make payment or they may still ask you to attend a hearing at court to present information about your earnings/ employer.

I am afraid that is the best thing I can suggest for you for now. Best of luck,

Laura
@natdebtline

Hanginthere · 2 November 2017 at 7:21PM

Hi
I called the court today they said that there are no warrants no hearing dates for me on their system. I offered to pay and she gave me the creditor's solicitors ref and Tele no. And told me that I should pay them and ask them to inform the court that it's settled and that they should close the case.
I did exactly that.
The creditors solicitor took the payment and said they will inform the court to close the case. With in 14 days I should get the paperwork for that.

HairyHandofDartmoor · 2 November 2017 at 7:36PM

That sounds like a good result Hanginthere. Well done for getting that one sorted

.

You need to decide what to do about the other debt now. Laura from National Debtline has given you great advice.

Hanginthere · 3 November 2017 at 11:50AM

Re: 5.5K Loan with Welcome Finance

I have some information on the status of a CCJ on my file.

This information I have accumulated from Cabot Financial (Claimant) and Mortimer Clarke Solicitors (Lawyers for Cabot)

The Loan was taken out in December 2008 with Welcome Finance. They don't know the amount of the loan.
April 2011 last payment was made towards the loan
July 2011 Loan was marked as defaulted
Cabot Financial took ownership of the loan in September 2014
Jan 2015 CCJ was issued on my name

I asked Cabot to provide me with the Credit Agreement and Statement of Account and they say they don't have it on their files and that they have made a request with welcome finance to provide it.

Is it possible for Cabot to make a CCJ without the Credit Agreement / Statement of account?

Hanginthere · 20 November 2017 at 7:02PM

should I call the court and ask them for this?

I'm a wannabe debt-free

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