DCA Claimform - old Cap1 debt claimant agreed reduced settlement but continued to get CCJ..**SET ASIDE**

[hopey7]

On Aug 20 I returned a claim form, issued 6 Aug.

 

Due to inexperience I sent a CPR request on the same day by normal first class post.

Little wonder why I have not received a response to the request.

By my calculation defence should be in by 8 Aug (5+14+14).

 

Can I send another CPR request tomorrow by special delivery and phone the court to say that my initial request was sent by ordinary post and I did not receive a reply?

Any advice pls.

 

BTW, I returned the acknowledgment of service and the defence form as I am admitting part of the amount claimed.

[Karenza]

hopey what do you mean when you say you returned a claim form? can you give a bit more info what is the claim for is it a loan or cc 1 account or more.?

The CPR as you now realise should have been sent signed for, there is no reason not to resend but you will need to get a holding defence in by the 8th, why are you admitting part of the claim?

Karenza

[hopey7]

Karenza thanks for that.

Actually what I meant there was that I responded to a claim, by returning the AOS and the defence form. I admitted part of the claim because I agree that I owed some money but not the amount they were asking. This debt is CC debt on a Capital One card. I can see now that admitting part of the claim wasn't a good idea. As I said it's all novicey and inexperience. I am learning now though.

[Karenza]

hi hopey,

were all learning and the good people on here will help as much as they can, i take it you will send your recorded cpr request tomorrow? did you submit a holding defence/

karenza

[hopey7]

Yes, I will send another CPR request tomorrow, signed for.

What is a holding defence?

[hopey7]

I returned a Claim form where I admitted part of the claim.

I then sent a CPR 31.14 request to the claimant in order to defend the other part of the claim.

 

I then receive a letter from claimant making me an offer to settle.

The offer wasn't acceptable to me

I wrote back to make them my own offer.

They rejected my offer and days later CCJ arrives for the full claim plus cost.

 

Is this right?

No response to my CPR request and no opportunity to defend the other part of the claim.

 

I thought that if a CCJ was going to be issued, it would be for the amount that I had admitted.

 

Any thoughts please?

[The Mould]

Hello Hopey

 

As you gave a part admission to the claim, the claimant has secured a Judgment against you.

 

How long ago is it since Judgment was entered against you?

 

How much was the claim for and how much do you say was owed?

 

Can you please provide us with as much detail as possible on your case and that will help us to understand your case far better and advise you accordingly on what you can do about the situation.

 

Kind Regards

 

The Mould

[hopey7]

Thanks Mould.

 

Judgment was entered 8th Oct.

Claim was for £505.

I admitted to owing £156.

 

This was an ex-capital one account.

We agreed for me to pay £233 (apparently after they’ve dropped all their charges) by 3 instalments.

I made the first payment of £77.

The next payment was late but before I could pay it, a claim form arrived.

 

Looking back, I should have contested the whole claim.

After my part admission,

the claimant offered to settle for £380 but I offered £186 which they rejected.

Days later, judgment arrived for the full £505 plus £125 cost, total £630.

[The Mould]

Hopey

 

How late was you with that second payment?

 

Do you have a copy of the original credit agreement?

 

What about a copy of the agreed Settlement in three installments?

 

Was a Default Notice served upon you before the creditor commenced with proceedings?

 

Do you agree with their figure of £505.00?

 

Need some more details please to see if its worth making an Application to set aside the Judgment.

 

Kind Regards

 

The Mould

[hopey7]

I was late on the second payment by about 3weeks.

By the way this agreement was between me and the creditor (no court involvement here).

 

I don’t have a copy of the original Credit Agreement.

I only made a CPR request after admitting part of the claim but the request was not responded to.

 

I have a copy of the agreed settlement in three instalments.

 

A default notice may have been served 4 years ago.

 

I do not agree with their figure of £505.

[AndyOrch]

Thats why you must never make a partial admittance.Defend all and then plead your disagreement.

 

Regards

 

Andy

[hopey7]

Having made the error, do I not get the opportunity to defend the other part of the claim?

[hopey7]

Just to update you guys on this thread.

 

I applied to have the judgement set-aside and WON.

 

The judge said that because the creditor had agreed to the reduced payment of £233 in three instalments, they should have been seeking judgement on the balance outstanding, which is £156 NOT the original figure of £505.

 

Claimant didn't attend court. The CCJ was set-aside and cost awarded against claimant.