Cabot CCJ

vango

Hi all, crickey where do i start, Ive finally pulled my head out of the sand or at least had it pulled out by an impending CCJ from Cabot over a old credit card default.. to cut a long story short, i came out of a marriage in 2009 and ended up with a sizeable amount of debt that was all in my name as apposed to being divided between myself and my ex wife. I did have a DMP but had to give that up in 2011 due to redundancy, strangely enough I've had noone chasing me until a few weeks ago when Cabot started pestering me.

Ive been considering Bankruptcy as an option but not spoken to anyone about it due to the previously mention head in sand. I no longer own a property and obviously have no savings or assets although i am now back in full time employment. so this does seem like a viable option, I'm ashamed to say...

Then on Saturday i i get a CCJ letter from Northampton county court via Cabot chasing just over £5k.

So my questions are, is it too late to offer a minimal covering payment until i can press on with the bankruptcy or is it just feasible to challenge Cabot on the assumption they do not have any CCA paperwork for said debt?

Any advice would be greatly appreciated.

fatbelly

vango wrote: »

So my questions are, is it too late to offer a minimal covering payment until i can press on with the bankruptcy or is it just feasible to challenge Cabot on the assumption they do not have any CCA paperwork for said debt?

I'd do the latter. It buys some time and makes life difficult for them

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

could help you.

How much do you owe in total and how much surplus income do you have per month?

vango

Thank you... Surplus income is s little I know as I was made redundant AGAIN, and only just started in the new job so haven't had first months take home figure yet... However I estimate after rent child support etc I'll have about £400 but that isn't taking into account fuel, food clothing etc.

fatbelly

It's just that in bankruptcy you will have to hand over your surplus for 3 years via an IPA.

So if you DO have £400 surplus (and you might not) then you will pay £14400. Whether that is a good idea may depend on how big your total debt is.

vango

Im having trouble completing the government gateway online registeration process at the moment, ill keep trying and post my progress.

National_Debtline

Hi Vango,

When you receive claim forms and a response pack it is important to reply within the timescale given. Normally you will have 14days (from the issue date) to reply plus 5days for postage, you can request an additional 14days by completing the Acknowledgement of Service form within the response pack in case you do want to file a defence.

From your message I understand that you may make a Consumer Credit Act request, which is ok, but you will need to do this and complete the appropriate form within the response pack. If you do not file the right form within the deadline you will very likely get a judgement by default (whether they have complied with your CCA request or not). To challenge/ change a judgment after it has been made could cost you money (because you would need to apply either to set aside or vary the judgement). We have a factsheet about replying to claim forms that may help you - https://www.nationaldebtline.org/EW/factsheets/Pages/20 EW County court - replying to a claim form/Default.aspx

When you do your SOA make sure that you allow for all of your living expenses, when working out your surplus. We do have a budget plan on our website that may help you - https://www.nationaldebtline.org/EW/steps/step2/Pages/Step_2_11.aspx

Bankruptcy is obviously a big decision and you should take full, independent advice before going ahead with an option like this. fatbellyis right about IPA’s and one thing to consider in bankruptcy is whether you will need to make payments and how much they may be, compared to your debt level. I hope this helps,

Laura
@natdebtline

happy_bunny_2

You originally received very poor advice...

I would try and get it set aside if important to you. No guarentees though. Maybe chat to national debtline first or try leaglebeagles forum.

Good luck

HB

vango

many thanks for everyones advice, i have finally managed to enrol with the money claim site, and printed off the letter from the legal beagles forum, as per the link.

i will get myself a postal order tomorrow for £1 and send both letters off recorded delivery.

I will post up any developments.

vango

National_Debtline wrote: »

Hi Vango,

When you receive claim forms and a response pack it is important to reply within the timescale given. Normally you will have 14days (from the issue date) to reply plus 5days for postage, you can request an additional 14days by completing the Acknowledgement of Service form within the response pack in case you do want to file a defence.

From your message I understand that you may make a Consumer Credit Act request, which is ok, but you will need to do this and complete the appropriate form within the response pack. If you do not file the right form within the deadline you will very likely get a judgement by default (whether they have complied with your CCA request or not). To challenge/ change a judgment after it has been made could cost you money (because you would need to apply either to set aside or vary the judgement). We have a factsheet about replying to claim forms that may help you -

When you do your SOA make sure that you allow for all of your living expenses, when working out your surplus. We do have a budget plan on our website that may help you -

Bankruptcy is obviously a big decision and you should take full, independent advice before going ahead with an option like this. [is right about IPA’s and one thing to consider in bankruptcy is whether you will need to make payments and how much they may be, compared to your debt level. I hope this helps,

Laura
@natdebtline

Thank you Laura,

Am i right in thinking that i now have an extended period of time to file my papers now that i have registered on the money claim website?

i must admit I'm a little confused and probably a bit panicy and the problem with their system that caused the delay has not helped...

fermi

You need to acknowledge the claim via MCOL, not just register. You need to do that within 14 days to gain another extra 14.

Go post on legalbeagles and ask for help as I think you need talking through it in more detail.

Ring National Debtline on Freephone 0808 808 4000 to get advice from there as well.

vango

hi, just returned form working away for a few days to find a letter from MC...

it states they are willing to agree to my request for a 28 day extension, and they ask i notify the court in Writing.

also they ask i confirm what documents i posses in relation to the CCA (of which of course i have none) this leads me to believe they also do not have any documentation????????

any advice on my next steps would be gratefully received.

I'm conscious the clock is ticking, as i haven't been around....