I'm a wannabe debt-free

sourcrates

Hanginthere wrote: »

Is it possible for Cabot to make a CCJ without the Credit Agreement / Statement of account?

Hanginthere wrote: »

should I call the court and ask them for this?

Hi,

You don't "make" a CCJ, it is awarded against you by the court, if you did not reply to the original court papers then the creditor gets judgement in their favor automatically without having to provide any proof whatsoever.

They only supply evidence on demand, for example, when you ask for it, the original creditor keeps the credit agreements it is nothing to do with the courts.

If they fail to provide this evidence you would have a case to apply for a set aside of the judgement, but see what they come back to you with first.

Hanginthere

Hi

I still have not heard anything from Mortimer Clarke Solicitors (Lawyers for Cabot). Should I request this information in writing? Its been almost a month since I've been chasing them over the phone for evidence.They keep telling me they have requested the information. How long should I wait before making my case for setting aside this Judgement?

elliemet23

Just wanted to stop by and say well done for getting this far and getting everything back on track.

Good luck with everything!
xxx

fiisch

To be blunt, the time for worrying about Statement of Accounts etc. was 2014/15. From your wording, it seems to me you are not taking full ownership of these debts - you were able to pay the £900 CCJ off very quickly, yet didn't do so until you realised the stage of proceedings where things were....

Rather than messing about unpicking finances from when you were "living as a vagabond", you're missing the fundamental question - what can you agree with Cabot now?

I would be on the phone to them and asking what you can do to settle - will they agree to a reduced settlement if you are able to pay off in an agreed timescale? Will they allow you to enter into a structured payment plan?

It is good that you are looking to get this sorted, but realise this is extremely late in the day for dealing with debt - whether you didn't receive letters, were abroad or on the moon, if you had outstanding debt, (wilful) ignorance is not a reason for non-payment nor will it stand up as a credible argument.

Hanginthere

Hi fiisch

thank you for your reply! I would pay off the debt that is rightfully owed. if my debt was around 4k and they hyped it up to 5.5 do you think its ok to pay what ever they ask? plus one should consider if PPI was sold together with the loan and which didn't materialised when needed. also to consider 2 1/2 years worth of repayments? I believe it is my right to ask for this information before I fork out such huge sum. Maybe it is not my debt after all.

Hanginthere

I'm worried about the CCJ on my file rather then the money... I want to get a mortgage soon and with this CCJ it's going to be impossible to get one... Is there a way I can settle this out of court? Setting aside is the only way to remove this from my file? Or can the creditor also request it's removal if an agreement is reached between the creditor and the debtor? If I have to wait 6 years then i will make sure they did their due diligence and didn't pull a quick one.

-taff

The CCJ will stay on your file for six years, even if you pay if off in full now.
I'm not sure how you think they didn't do their due diligence. They contacted you, you didn't return contact, they decided to go to court, contacted you again, you again didn't return contact. The CCJ is a result of due diligence.

?

Hanginthere

Usually, the only thing the claimant wants is their money as quickly as possible!

They don’t want to ruin your credit record. They don’t want to stop you obtaining a mortgage or any of the other negative consequences of having a judgment against you. They just want their money and preferably without having to take enforcement action.

So, you may be able to strike a deal. You pay them the money and they agree to having the judgment set aside.

This approach is likely to be appropriate if you admit the amount claimed.

If you have already paid the amount of the judgment, there is very little incentive for the claimant to co-operate with you. However, the claimant will often consent anyway as a gesture of good will.

anyone familiar or have gone through this process?

P.S. With all due respect please avoid making a derogatory comment and only reply if you have some knowledge or understanding of the above. Thanks!

-taff

You can ask, they only say yes or no.

Who is the company involved?
Do as suggested in post #4

Hanginthere

So I guess no one on here has any idea about setting aside a CCJ by means of negotiating with the creditor?