Old debt just awarded a CCJ

National_Debtline

olddebtproblems wrote: »

And how much will it cost me to have it set aside?

Hi

Sorry for slow reply - have only just checked back into this thread.

A set aside application would be made on an N244 form and cost £155. The applicant can seek a reduction in/exemption from this fee by filing an EX160 at the same time, but if working full time on anything over a basic wage is unlikely to qualify for any such relief.

Dennis
Twitter: @natdebtline

olddebtproblems

UPDATE

1. The letters I have received in the past are not from restons, they are for an apparent old BT debt from when I switched to sky. I have also seen a proper restons letter today and I can say with 100% certainty I have received no correspondence what so ever from them ever.

2. Restons are saying they do not have to prove anything to me as they have the CCJ and will pursue it further unless I pay it. They would also not confirm any of the original debt on the credit card or any form of breakdown on the debt.

3. I have sought advice and will be getting help on taking the next step. I am NOT paying restens over £900 for a debt I am pretty certain I do not owe.

I will update again on monday.

olddebtproblems

Any advice is welcome here

I have paid the 1st installment on the debt of £50. I have gone through and explained everything and I have an understanding person at restons helping me where she could.

She confirmed they only ever sent me 1 letter/correspondence on the 1st july 2014 and I explained I never received any letters etc from CABOT who originally had the debt.

she seems to believe I have good grounds to appeal this on the following reasons.

1. They only sending me 1 letter
2. Cabot not contacting me for years
3. Me being on holiday during the CCJ paperwork (Which I can prove)

They have also said they will help with the job and send a letter confirming everything and that I am making payments and to outlay the situation.

They would only offer 10% off £967 if I paid today. They also stated they have no paperwork at all from CABOT saying about original balances etc on what I owed or what the card limit is.

All this sounds ridiculous to me.But shes said theres nothing they can do, they have had the debt since july 1st 2014 and she said CABOT will not talk to me anymore about the debt, everything will just be passed to restons.

Lensman_2

The fact is the CCJ established a new debt in law. Anything that went before that, no matter how unfair, is now irrelevant. And a waste of your energy.

You have been lucky to have had advice from some of the best qualified posters on this forum. Read back through Fatbelly and National Debtline's advice for that.

And I revert back to my post on this which is inline with that advice. Your options are:

Lensman wrote: »

1. Get Restons to mark this as satisfied within 14 days (highly unlikely without full payment)
2. Pay it within that time
3. Get it set aside.

Anything else will get you a CCJ recorded on your credit file for the next 6 years.

olddebtproblems

Hi,

yes, I am going to appeal to have it set aside. I have sought advice from the relevant debt places and got the information I needed from restons on the second phone call.

Lensman_2

Good and well done.

While this forum does have legal experts, it is not a dedicated legal forum. Please consider posting up on the CAG Financial Legal Issues forum and/or Legal Beagles if you haven't already. You will get faster evolving advice on those sites.

[Deleted User]

olddebtproblems wrote: »

1. They only sending me 1 letter

Was it a Letter before Action?