Restons - CCJ Refused offer

patman99

Yes, but if the DCA cannot come up with the correct paperwork, would the op not be able to submit an application to have the decision struck off due to the debt being statute barred at the time of the Court hearing?.

Maverick1103

I did wonder if this was am option but then thought that due to the CCJ being added would it then supersed it?

I'm prepared to give it ago, is it the case of finding a template and sending it off to Cabot Financial, the owners of the debt?

Just for clarity I've just got home and checked the letter that came last week and it states it is a 'N271 -Notice of transfer of proceedings', the letter is very vague but states that claim has been transferred to my local county court for enforcement.

Thanks.

fatbelly

If the op believed the debt to be statute bared they should have defended on those grounds. There's no indication that it was.

"I was previously paying Westcott £10 a month for this loan until I couldn't afford to pay them, I think the last payment to them was about 12/18 months ago."

Maverick1103

I didn't defend the claim at the time because I was advised making recent payments to Westcott I couldn't defend it.

Maverick1103

Ok I'm a little worried now, I've spoken to Step Change this morning regarding this letter and they've advised that Bailiffs will now be attending my property, I find this very bizarre that they can do this when I have an arrangement in place with them and have proof that I've been making payments.

Anyone offer any advice on this please, as I thought if the courts have decided on an amount then surely how can Restons start with Bailiffs?

Thanks,

Keezing

Why would Stepchange tell you Bailiffs are coming?

Maverick1103

I don't know but the advisor stated that a 'N271 - Notice of transfer of proceedings' letter has a couple of outcomes, 1 being a visit from bailiffs.

I'm less stressed now after another phone call to Restons earlier, according to there records I have a massive negative surplus from my I&E, it appears somethings gone seriously wrong as I never sent that info to them.

I've been told I've got to wait to hear back from the courts now.

fatbelly

Maverick1103 wrote: »

Ok I'm a little worried now, I've spoken to Step Change this morning regarding this letter and they've advised that Bailiffs will now be attending my property, I find this very bizarre that they can do this when I have an arrangement in place with them and have proof that I've been making payments.

Anyone offer any advice on this please, as I thought if the courts have decided on an amount then surely how can Restons start with Bailiffs?

Maverick1103 wrote: »

I'm less stressed now after another phone call to Restons earlier, according to there records I have a massive negative surplus from my I&E, it appears somethings gone seriously wrong as I never sent that info to them.

I've been told I've got to wait to hear back from the courts now.

Yes, there should be a hearing at which you can present your income and expenditure. The court will decide whether it is fair for the £1 per month to continue or whether it should be raised or whether to convert this to a 'forthwith' judgement, i.e. pay it all at once.

The last of these is the most likely outcome unless you can increase your payment to clear the debt in less than around 60 months.

It is only then that you will have defaulted on the judgement and only then that Cabot can apply for one of the enforcement options, which may be the court bailiff or attachment to earnings.

Now is a good time to push on with your bankruptcy application, and sourcrates gave good advice in post #6

Maverick1103

I appreciate all your advice, my main aim now is to push on with the bankruptcy and get these fees together as soon as possible.

Maverick1103

OK I now have the funds for bankruptcy, I've just moved in with my partner this last week, she's on benefits as she's out of work so my plan was to do a new I&E give it two months and then go ahead with it.

Today I've received a letter from my local court for the hearing date which is just under 3 weeks, which was coming as mentioned previously, what's the best thing to do regarding the I&E because doing one now is bound to change once the benefits have been worked out what my partner will receive etc?

Thanks.