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  • FIRST POST
    • Hanginthere
    • By Hanginthere 31st Oct 17, 4:16 PM
    • 12Posts
    • 12Thanks
    Hanginthere
    I'm a wannabe debt-free
    • #1
    • 31st Oct 17, 4:16 PM
    I'm a wannabe debt-free 31st Oct 17 at 4:16 PM
    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.

    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!
Page 1
    • HairyHandofDartmoor
    • By HairyHandofDartmoor 31st Oct 17, 6:17 PM
    • 2,233 Posts
    • 10,723 Thanks
    HairyHandofDartmoor
    • #2
    • 31st Oct 17, 6:17 PM
    • #2
    • 31st Oct 17, 6:17 PM
    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.
    My Diary http://forums.moneysavingexpert.com/showthread.php?t=5716867
    Debt in July 2017 = £58,766 DEBT FREE 31 October 2017
    NEW GOALS - Build an Emergency Fund & Loss of Income Fund
    Emergency Fund 1 = £818/Emergency Fund 2 = £203.76
    • HelleBelle
    • By HelleBelle 2nd Nov 17, 11:49 AM
    • 96 Posts
    • 605 Thanks
    HelleBelle
    • #3
    • 2nd Nov 17, 11:49 AM
    • #3
    • 2nd Nov 17, 11:49 AM
    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
    New total: £24,006
    I will do this.
  • National Debtline
    • #4
    • 2nd Nov 17, 12:21 PM
    • #4
    • 2nd Nov 17, 12:21 PM
    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
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Hanginthere
    • By Hanginthere 2nd Nov 17, 12:27 PM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    • #5
    • 2nd Nov 17, 12:27 PM
    • #5
    • 2nd Nov 17, 12:27 PM
    Can you please recommend any solicitors to take advise from?
    • Hanginthere
    • By Hanginthere 2nd Nov 17, 1:02 PM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    • #6
    • 2nd Nov 17, 1:02 PM
    • #6
    • 2nd Nov 17, 1:02 PM
    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.
    Originally posted by National Debtline
    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.
    Last edited by Hanginthere; 02-11-2017 at 1:05 PM.
  • National Debtline
    • #7
    • 2nd Nov 17, 5:31 PM
    • #7
    • 2nd Nov 17, 5:31 PM
    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
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Hanginthere
    • By Hanginthere 2nd Nov 17, 6:21 PM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    • #8
    • 2nd Nov 17, 6:21 PM
    • #8
    • 2nd Nov 17, 6:21 PM
    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
    • By HairyHandofDartmoor 2nd Nov 17, 6:36 PM
    • 2,233 Posts
    • 10,723 Thanks
    HairyHandofDartmoor
    • #9
    • 2nd Nov 17, 6:36 PM
    • #9
    • 2nd Nov 17, 6:36 PM
    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.
    My Diary http://forums.moneysavingexpert.com/showthread.php?t=5716867
    Debt in July 2017 = £58,766 DEBT FREE 31 October 2017
    NEW GOALS - Build an Emergency Fund & Loss of Income Fund
    Emergency Fund 1 = £818/Emergency Fund 2 = £203.76
    • Hanginthere
    • By Hanginthere 3rd Nov 17, 10:50 AM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    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?
    Last edited by Hanginthere; 20-11-2017 at 6:01 PM.
    • Hanginthere
    • By Hanginthere 20th Nov 17, 6:02 PM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    should I call the court and ask them for this?
    • sourcrates
    • By sourcrates 20th Nov 17, 6:14 PM
    • 12,673 Posts
    • 12,011 Thanks
    sourcrates

    Is it possible for Cabot to make a CCJ without the Credit Agreement / Statement of account?
    Originally posted by Hanginthere
    should I call the court and ask them for this?
    Originally posted by Hanginthere
    Hi,

    You don't "make" a CCJ, it is awarded against you by the court, if you did not reply to the original court papers then the creditor gets judgement in their favor automatically without having to provide any proof whatsoever.

    They only supply evidence on demand, for example, when you ask for it, the original creditor keeps the credit agreements it is nothing to do with the courts.

    If they fail to provide this evidence you would have a case to apply for a set aside of the judgement, but see what they come back to you with first.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Hanginthere
    • By Hanginthere 29th Nov 17, 11:01 AM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    Hi

    I still have not heard anything from Mortimer Clarke Solicitors (Lawyers for Cabot). Should I request this information in writing? Its been almost a month since I've been chasing them over the phone for evidence.They keep telling me they have requested the information. How long should I wait before making my case for setting aside this Judgement?
    • elliemet23
    • By elliemet23 29th Nov 17, 11:20 AM
    • 34 Posts
    • 9 Thanks
    elliemet23
    Just wanted to stop by and say well done for getting this far and getting everything back on track.

    Good luck with everything!
    xxx
    27th October - £1008.86 owed
    24th November - £987.02 owed
    Bloody interest
    • fiisch
    • By fiisch 29th Nov 17, 11:24 PM
    • 208 Posts
    • 89 Thanks
    fiisch
    To be blunt, the time for worrying about Statement of Accounts etc. was 2014/15. From your wording, it seems to me you are not taking full ownership of these debts - you were able to pay the £900 CCJ off very quickly, yet didn't do so until you realised the stage of proceedings where things were....

    Rather than messing about unpicking finances from when you were "living as a vagabond", you're missing the fundamental question - what can you agree with Cabot now?

    I would be on the phone to them and asking what you can do to settle - will they agree to a reduced settlement if you are able to pay off in an agreed timescale? Will they allow you to enter into a structured payment plan?

    It is good that you are looking to get this sorted, but realise this is extremely late in the day for dealing with debt - whether you didn't receive letters, were abroad or on the moon, if you had outstanding debt, (wilful) ignorance is not a reason for non-payment nor will it stand up as a credible argument.
    • Hanginthere
    • By Hanginthere 1st Dec 17, 3:10 PM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    Hi fiisch

    thank you for your reply! I would pay off the debt that is rightfully owed. if my debt was around 4k and they hyped it up to 5.5 do you think its ok to pay what ever they ask? plus one should consider if PPI was sold together with the loan and which didn't materialised when needed. also to consider 2 1/2 years worth of repayments? I believe it is my right to ask for this information before I fork out such huge sum. Maybe it is not my debt after all.
    Last edited by Hanginthere; 01-12-2017 at 3:39 PM.
    • Hanginthere
    • By Hanginthere 3rd Dec 17, 12:39 PM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    I'm worried about the CCJ on my file rather then the money... I want to get a mortgage soon and with this CCJ it's going to be impossible to get one... Is there a way I can settle this out of court? Setting aside is the only way to remove this from my file? Or can the creditor also request it's removal if an agreement is reached between the creditor and the debtor? If I have to wait 6 years then i will make sure they did their due diligence and didn't pull a quick one.
    • -taff
    • By -taff 3rd Dec 17, 1:58 PM
    • 7,170 Posts
    • 5,161 Thanks
    -taff
    The CCJ will stay on your file for six years, even if you pay if off in full now.
    I'm not sure how you think they didn't do their due diligence. They contacted you, you didn't return contact, they decided to go to court, contacted you again, you again didn't return contact. The CCJ is a result of due diligence.

    ?
    • Hanginthere
    • By Hanginthere 3rd Dec 17, 2:49 PM
    • 12 Posts
    • 12 Thanks
    Hanginthere
    Usually, the only thing the claimant wants is their money as quickly as possible!

    They don’t want to ruin your credit record. They don’t want to stop you obtaining a mortgage or any of the other negative consequences of having a judgment against you. They just want their money and preferably without having to take enforcement action.

    So, you may be able to strike a deal. You pay them the money and they agree to having the judgment set aside.

    This approach is likely to be appropriate if you admit the amount claimed.

    If you have already paid the amount of the judgment, there is very little incentive for the claimant to co-operate with you. However, the claimant will often consent anyway as a gesture of good will.


    anyone familiar or have gone through this process?

    P.S. With all due respect please avoid making a derogatory comment and only reply if you have some knowledge or understanding of the above. Thanks!
    Last edited by Hanginthere; 03-12-2017 at 3:03 PM. Reason: P.S added
    • -taff
    • By -taff 3rd Dec 17, 6:18 PM
    • 7,170 Posts
    • 5,161 Thanks
    -taff
    You can ask, they only say yes or no.

    Who is the company involved?
    Do as suggested in post #4
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