help please, COURT ORDER, what happens next? Worried.

deviant1966

Can anyone please help. I have replied to a letter from a county court asking for a breakdown of my earnings and out goings etc and wether I admit to all or part of a claim from an agency called Link Financial who claim to have purchased the debt from Barklaycard in October 2002.

Obviously a stupid move but I honestly replied with the fact that although I admit that I owed Barclaycard £3000 I was not prepared to pay the £700 interest that Link had added, they say that they had written to me and Royal Mail had not returned any of their letters and given that I have a benificial interest in the property I must have seen the letters. They have waited over three years to contact me! Also stated was the fact that I had not made a payment since August 1999.

I offered a payment of £50 per month to clear the original debt and forwarded this to the court as required when disputing any part of the claim.

Today I recieved a letter from link stating the offer of £50 had not been accepted...... What will happen next??

I thought I had done the right thing being honest with what I owed barclaycard and am concerned as to what will happen next, for example will I have to go to court, will the juge decide what happens, what can I expect?

Many thanks in advance.

keith_lard

I would seek some advice from CCCS or Citizens' Advice Bureau.
You will not have to go to court! Only your name and the account (paperwork) will go to the court!
When you did your out-goings sheet how much did you have disposable? what after all your monthly payments did you have left, when you offered £50 did you have more than £50 left over each month?

Say If you have £300 a month left over an offer of £50 may be rejected.
Maybe thats why they have turned down your offer??

But get some advice it's free and they will let you know your best way to deal with it!

Good Luck!

K.

Kimberley

I've just sent of my reply to a Court claim form via the courts website just in case the paper version got lost in the post. Once you submit the form then you don't need to send the paper version.

The Court won't make you pay more then you can afford. If you can only afford £50 and you can proof by your budget form then the Court will accept your £50. Don't worry, it's not worth worrying about until you hear from the Court again.

Xbigman

You say link rejected the offer, so what did the court say? Its not up to link but the judge. The only thing of any significance now is the result of the court hearing.
Although many others advise that you don't have to go I always think you should. Your creditors can turn up in court and tell the judge all sorts of 'inaccuracies' about you. IE you never contacted them (but you did). If you are there you can put your side and challenge anything they say.
Just ask for the hearing in a local court and go to it.
Regards


X

Kimberley

That doesn't matter, you send proof of all your info on what letters you sent your creditors to the court so you don't have to go. Some people are nervous of courts and don't like to attend, this way you won't need to because you send your proof via post, but make sure you post it by recorded delivery

Your creditors can say what they like in court, but if the judge have all your proof in front of him, they can't do a thing. You are offering a reasonable sum of money, the judge will be happy with this.

deviant1966

Interesting, One more question, in my financial breakdown I forgot to include two regular outgoings, is it to late to submit these as part of my defence? Also Link say as I have a financial interest in the property i "must have seen the letters they sent", I saw none. Is it worth me mentioning this in an additional defence letter? Perhaps send it straight to the same court? How long do you think I would have to do this? Is it a matter of days? Sorry for all the questions and appreciate all the help.

Xbigman

Phone the court and advise them you wish to amend your paperwork and they will tell you how to do this. Not all courts have exactly the same procedure and there is a difference between amending something and replacing it.

As for an additional defence letter, ask about that as well but the answer is yes send an additional letter at the least.

I still say you should go (although its your choice). Relying solely on a written defence is ok if your are good and writing things down concisely and getting all the important points in. If you are not so good at this, or forget things, its too late to do anything about it once the result is decided.
Regards



X