County Court Claim Form - Older Uni Student Facing Debt

DebtGoneToday222 · 25 June 2017 at 4:41PM

Hi all. I was one of those guys who buried his head in the sand after being unable to repay debts. I was young and ill advised, I got the whole 'they won't be able to do anything', they 'go off your file in six years' etc... Well I decided to face them as I just have become recently employed on a zero hour contract. At the end of July I am due £1000, and I owe out around £3000. I started opening my mail and was treated to the following:

- A letter from Cabot Financial stating I owe £800 to a old mobile phone company. I checked on Equifax and it says I owe this to BOTH Cabot Financial and EE? This confused me. It says I have 28 days before it is passed to their 'legal review' team.

- County Court Claim form. I owed the original debtors just over £500, they reckoned with fees it was £650 + their 'fees' it's £770 now. I can afford to pay this monthly, does anyone know how much to offer per month?

I am ringing Cabot Financial tomorrow as I apparently owe them another £1300, this was from a catalogue I used to have (until they tripled interest). I don't have a reference number to contact them with, so can't email them instead yet.

I'm very confused as my equifax file, says that I owe just under £2200 total. As I say there is a double debt for EE and Cabot for the mobile phone contract? The stranger thing is that the Equifax file doesn't take these debts into account, only the Capquest and higher cabot debt.

I am very scared too, primarily in case the court decides I have to pay it all and I do so immediately. I am moving in with someone soon and I don't want bailiffs to come round. Can anyone give me any advice regarding the County Court Claim? I know i've said I have a job, but it's a zero hour contract. Last couple of months before, I had about 10 hours of work each month, so I can not afford to pay them a full/high amount per month due to rent, travel, books etc. Thanks!

sourcrates · 25 June 2017 at 5:42PM

The court won't decide that, there should be an income/expenditure form in the claim pack, if you admit the debt, you fill that in at the same time with your offer of payment, and that's what you'll pay.

If your not sure how much you can afford, just put £5.

There are three credit reference agencies, Equifax, Experian and call credit (noddle) creditors can report to any or all of the three, so you need to check all of them.

DebtGoneToday222 · 26 June 2017 at 7:20AM

Oh right, so if I put £5 as this is all I can afford, after putting my expenditure up that's all i'll pay? I was under the impression they could refuse amounts and put up whatever they wanted instead?

National_Debtline · 26 June 2017 at 12:02PM

Hi DebtGoneToday222

First of all, when did you receive the county court claim? You will have 14 days to respond from the date of service. You will find the date of service on your paperwork.

If you admit that you owe the debt you will find an admission form (N9A) to complete. This asks you for details of your income and outgoings, other debts and arrangements in place, and for an offer of payment in section 11. It’s important to make an offer based on what your statement of affairs (SOA) shows you can afford.

Send the N9A to the return address. This is not the court address, you will find the return address on the paperwork. Alternatively if the claim was issued online you can reply online. If the claimant does not accept your offer the court will decide what you can afford. They should take the information you have provided into account. You can find more information on how to respond to court papers here:
https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

Susie
@natdebtline

DebtGoneToday222 · 26 June 2017 at 12:26PM

Hey, It was issued on the 19th. I am aware that I have 14 days to respond, my SOA will clearly show I can only afford to pay 5-10 a month. I have a zero hour job but I do 1 day a month and this goes to living costs. Will they have to accept the 5-10? I am currently contacting Cabot, will any amount per month stop my account being taken to court? Thanks!

National_Debtline · 26 June 2017 at 2:54PM

Hi again

If the court agrees that is all you can afford then yes, they may well agree to your offer. If they do ask you to pay a higher amount you will have 14 days to ask for a redetermination. That’s where you ask the court to reconsider their decision. If you find you have even less spare money the minimum you are able to offer is £1 per month (if that is all you can afford).

You could ask Cabot to withdraw the claim but it would be unusual for them to agree at this stage. If they do agree make sure you get written confirmation that they will not continue with the court process. Hope this helps.

Susie
@natdebtline

DebtGoneToday222 · 26 June 2017 at 3:19PM

Hi Susie, Cabot are hinting at court its capquest who are taking me there.

DebtGoneToday222 · 26 June 2017 at 5:44PM

Finally contacted Cabot Financial. They were actually very good over the phone, they are freezing both accounts while I contact DMP agencies etc. It's just the County Claim form I have to deal with now. I will be ringing National Debt Line tomorrow to get further more detailed advice but I was wondering as far as monthly payments for Cabot Financial go how much I should pay? I am thinking £10 a month for the higher one and £5 for the lower, as I can't afford much else but it's something right?

National_Debtline · 27 June 2017 at 11:44AM

Hi DebtGoneToday222

The important thing here is to pay each debt a fair share of what you have available. The offer is proportional to the amount that you owe, so your largest debt will get the largest offer and the smallest debt will get the smallest offer.

There is a specific calculation to work this out, you can find the details here https://www.nationaldebtline.org/EW/steps/step4/Pages/Step_4_03.aspx. Or if you find it easier you can complete your SOA here https://www.nationaldebtline.org/EW/steps/step2/Pages/Step_2_11.aspx and it will automatically work out how much you should offer each debt.

Susie
@natdebtline

DebtGoneToday222 · 28 June 2017 at 6:37AM

Hey, I spoke to Capquest on the phone yesterday. I explained I have been trying to get in touch with Reston Solicitors for weeks (I have) via phone (they have an automated system, you ring them, you get offered callback and you can't call back for the rest of the day) and letter and heard nothing back (then they sent the court forms). Am I entitled to defend myself by saying I owe the amount except the court fees? Capquest have said that they are happy to drop the order and for me to pay them directly monthly (I said I want a Tomlin Order issued) to forgo the CCJ as I will be paying (I was told by someone I would be issued a CCJ regardless, whether they agree with the payment per month or not?).

Capquest have asked me to contact Reston directly; I will still be trying to do this, but I am going to submit my court forms today by 1st class recorded delivery. Just wondering if I can contest jurisdiction as well, as I know I owe the debt I just feel the court fees are unfair as I have been attempting contact for a while. Capquest (the DCA) have said they will sort it out/issue a Tomlin, ironically it's the solicitors I can't contact! Thanks!

National_Debtline · 28 June 2017 at 4:01PM

Hi there

You won’t be able to contest the court fees alone as these are standard fees that are allowed to be added when court action is taken. You have the choice to admit to all of the debt, defend all of the debt, or admit to part of it and defend part of it.

I can’t see any grounds that you have to challenge the jurisdiction of the claim, assuming that you live in England or Wales and this is where the debt was taken out. The county court is the correct court for this type of action to be taken in. If you are considering defending any part of the claim, or you want a consent order, you will need to seek legal advice.

I can see you have a lot of questions and I think you will find it useful to get in touch with one of the free advice agencies for some detailed advice. I hope it all goes well.

Susie
@natdebtline

County Court Claim Form - Older Uni Student Facing Debt

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