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About Danielle17626

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  1. Thank you. That sounds promising. Yes, I admit to the debt, it was an overdraft charge that I defaulted on during a time of struggling with some mental health issues. It was sold to another company last year and it's a shame that now I am able to deal with it and repay that I have just been issued with a CCJ, but I have to take responsibility for that. If I hadn't have moved house in December I would have recieved the court forms and could have sorted it all out then. I would like to pay them the full amount and draw a line under it. It would be a weight off my mind. I am signing the Tomlin Order and sending it back. Do you know if I still need to send the N244 form to the court myself or does that not have to be done now? Thank you
  2. Thank you so much for your reply. I completely agree with everything you say, however I do apologise and must add that I hadn't updated them with my new address, which I moved into early December 2017, (CCJ issued in February) so technically it's my fault and not theirs, right? I only found out when I checked my credit file and saw the CCJ had been issued. It is unfortunate the court papers and house move coincided with each other, but still I should have updated them beforehand I guess. This may change your opinion and I'm sorry for not making that clearer. This, and the fact that I am able to, is why I have offered full payment and they have agreed to set aside. More details below: It states on the TO: UPON - service of the claim form being served at a previous address for the Defendant therefore leaving the Defendant unable to respond AND upon parties having agreed terms of a settlement BY CONSENT 1. Judgement be and is hereby set aside and the registration entry cancelled 2. Upon judgement being set aside in accordance with paragraph 1 above, all further proceedings in this action be stayed upon the terms of settlement agreed between the parties as set out in the schedule herein except for the purpose of carrying the said terms into effect and that there be liberty to apply for the said purpose 3. In the event that the Defendant defaults in compliance with the terms set out in the schedule the Claimant may apply for further orders and directions 4. There be no order for costs What are your thoughts? Thank you
  3. Hi guys, Mid February I was issued with a CCJ after moving house and not receiving the court documents. I have spoken to Citizen's advice who have discussed with me the possibility of a set aside and have sent me the court forms to fill in. I know that I need to act promptly and get this sent off but was waiting to speak to the claimant. I spoke with the claimant's Solicitors and we came to an arrangement for me to pay all money owed and for them to consent to set aside. They were very nice about this after speaking to them and hearing the issues I'd been dealing with and why the debt wasn't originally paid. I have just received a document through the post from them but it is in fact a TOMLIN ORDER, although it does state it it that they wish for the CCJ to be set aside due to sending the forms to the wrong address. I am to sign to agree to the full payment and send back to the claimant. I have been looking up what a TO is, but all information seems to state that it is something used BEFORE a CCJ is issued so I'm just a little confused. If I send the signed TO back will the claimant and court then deal with it and I wait to hear from them? I think that's what it says on the document. Do I still need to send my own N forms to set aside to the courts as advised by citizens advice or does that not need to be done now the claimant is sending the TO themselves to the court? Also, I saw the below comment on another thread on this forum in which someone was able to get a set aside but only after initially being rejected. Is the following true and more likely to be set aside? "In hindsight and a better chance of having the consent order approved would have been to engage a solicitor to send it for you. The court can deal with consent orders as an administration process without involving a judge but that's only if both parties have legal rep." Very confused. Any help appreciated. Thank you
  4. Hello, I wonder if anybody could help me. I came to the site from Google as I typed in some information relating to Cabot Financial and a Claim Form and somebody had already posted a thread a long time ago. I tried to follow the thread but I got really confused. I am feeling quite stressed about this issue so that may be why I found it hard to follow, so I appreciate if this sounds familiar to you already but I may need some step by step help. I would be so thankful in return. A few years ago I went travelling and I missed some payments on a Lloyds Bank Student Credit Card (£500 limit) and they labelled it as 'Default'. My mother had moved address while I was travelling and so I failed to receive any letters from them about this. I have no legal experience and stupidly thought that because it stated the account was 'Satisfied' the payment must then be erased and my punishment must be the 6 year Default on my credit file. I therefore pretty much forgot about it and carried on with life. I signed up for Experian Credit Report about a year or so ago. Suddenly I started receiving letters from a company called CABOT FINANCIAL about a debt I had to pay them. I stupidly ignored the letters as I hadn't heard anything about the Lloyds debt in years and so didn't understand why I had to pay another company a debt from years ago, plus I couldn't afford to pay them the £663 they wanted. I heard something years ago about if they are not able to contact you personally and get a response then they cannot claim anything from you. Eg. Never answering the phone or replying to letters. I now realise this is not the case as I have received a COURT CLAIM FORM from CABOT FINANCIAL. This is what appears on my credit file. LLOYDS BANK CREDIT CARD Default Date 27/01/2012 Default Balance £663 BALANCE: £0 CABOT FINANCIAL (UK) LTD Default Date 27/01/2012 (They certainly did not contact me until the last 1/2 years but the date isn't shown) Default Balance £663 1st Question: Can I have two DEFAULTS on my credit file for the same amount? Eg. Both Lloyds and Cabot for the one debt I had. 2nd Question: Can anyone help me to respond to the CLAIM FORM from the COUNTY COURT BUSINESS CENTRE. (Details below) CLAIMANT: CABOT FINANCIAL (UK) LIMITED ISSUE DATE: 15TH SEPTEMBER 2015 PARTICULARS OF CLAIM: Defendant entered into a credit agreement described by the original creditor as LLOYDS BANK CREDIT CARD and having account number **************. The claimant, a UK limited company is the assignee and legal owner of all rights previously enjoyed by the original creditor. Amount Claimed: £663 Court Fee: £60 Legal Representatives: £70 Total Account: £796 Do I acknowledge it, defend, contest it? I cannot afford to pay it. I am off sick due to anxiety and depression and only get £315 a month. I also have a Lloyds Current Account that has just defaulted due to not being able to pay and I have a £3000 Halifax bank Overdraft which is nearing the limit. I wish I hadn't buried my head in the sand but the anxiety stopped me opening the letters and these things don't go away. Sorry for the long post. I really would appreciate any help and advice you can give. If you need any further information please feel free to ask. Thankyou.
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