We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Application for Stay to be lifted

I had a court claim back in 2015 for a debt that Cabot had purchased and after seeking advice from StepChange and entering their token payment plan, a repayment of £1 per month was agreed.

I had a letter some time ago from Cabot stating that I was in arrears but I just thought StepChange were dealing with it so stupidly ignored it.

It turns out that after 12 months, StepChange cancel the token payment plans and nobody from StepChange informed me and so none of my creditors have been paid since the token payment plan ended.

I'm going to spend tonight writing to all the creators and asking for up to date balances and offering the same token payment plan, but I've had a letter from Dryden Fairfax solicitors on behalf of Cabot showing that they have applied to court for the stay that was applied to their court claim to be lifted and a judgement made against me.

The application they've sent to the court (presumably) asks for this to be done without a hearing, and asks for immediate payment.

I have tried to ring Dryden Fairfax but got put through to a different department due to high call volumes, so they gave me an email address to use to contact the right department as I didn't want o give them my phone number.

Other than the above, is there anything I can do? Can I write to the court, referencing the claim and say I cannot afford an immediate payment and could they consider a payment arrangement?

Or is it solely the decision of Cabot/their solicitors?

Thanks in advance

Comments

  • sourcrates
    sourcrates Posts: 31,807 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Have you received a claim form ?

    Part of the court paperwork includes an income/expenditure sheet where I believe you enter your offer of payment.

    Even if they gain judgement against you, you can still change the payment amount by asking for a redetermination or by making an application to pay in instalments.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • delirious
    delirious Posts: 187 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    sourcrates wrote: »
    Have you received a claim form ?

    Part of the court paperwork includes an income/expenditure sheet where I believe you enter your offer of payment.

    Even if they gain judgement against you, you can still change the payment amount by asking for a redetermination or by making an application to pay in instalments.

    I had a claim form back on 2015 and looking on my credit file, I think they already have a judgement against me so unsure why they're applying for a judgement against me.

    The only form I've redefined recently is the draft order for the stay to be lifted and the application for judgement to be entered. They've asked for this to be done with a) no hearing b) no notification and c) for full immediate payment.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.1K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.