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Court ignored my offer to pay


martinpar
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An old debt, now owned by Marlin, resurfaced earlier this year.

 

 

They issued a claim in May.

I wasn't sure I remembered it at first (it was an old HSBC account)

and the information suggested it was over the 6 years anyway.

 

 

I put in a defence to this effect and they sent me information to confirm the debt was still active.

I ignored this and they did nothing more within the 28 days they are allowed.

 

 

Subsequently, they applied for the stay to be lifted and defence struck out,

which was transferred to my local court and I put in an admission and requested time to pay (£5 per month- I have no income of my own).

 

 

I couldn't attend court.

I just received the judgement, which gives me until December 11th to pay in full and has added £1100 for costs.

There is no mention of my offer to pay, which is what concerns me most.

 

 

I also think the costs are ridiculous, especially since they are the ones that failed to meet the first deadline. The debt amount was £2000.

 

My question is what should I do now?

 

 

Do I assume that the offer to pay was missed and put in a new application?

 

 

Is there anything to be done about the costs?

 

Thanks.

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It would have been better had you attended the court and provided your income and expenditure form and request for permission to pay in instalments at that time.

 

I am not sure if you can just write to the Court quoting your Case Number for redetermination (reassessment) of the payment/offer within 14 days of receiving the Judgement.

 

This will not cost you anything. It is a good idea to enclose a copy of your current financial statement with the offer asking for redetermination.

 

Or if you have to complete form N245 (which will cost you £50.00 unless exempt)

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If its a forthwith judgment you need to make application to vary with the N245...not a redetermination martin.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order

 

Regards

 

Andy

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Thanks. That's how I was going to do it. Just concerned why my 5 a month wasn't accepted first time and if that means it won't be accepted again. I can't manage more because I have no income of my own. Bailiffs won't do any better if they get sent in.

Do I have any grounds for contesting the costs?

Thanks.

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I assumed it was not necessary to attend as I was admitting the debt and included the income and expenditure information on the form. It just seems like that was ignored by the judge.

 

Your £5 offer won#t have been ignore by the Judge, it's more likely he considered it and deemed it too low so ordered the debt be paid "forthwith" instead.

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That's fair enough but it would have been helpful if he had mentioned it in his judgement. I can only assume that he didn't believe my income and expenditure. After all, if I can only afford 5 a month I certainly can't pay it in full. I'm going to send a new N245 with a covering letter to put some more meat on the bones of my financial position. Hopefully that will do it. The only other option for them would be bankruptcy, which will get nothing for them but probably benefit me more.

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As you admitted the debt and made an offer.....the claimant has an option of how they want payment...the claimant rejected your offer and selected forthwith...not the court.....this time with the N245 the court has a say and will decide what is a justified reasonable payment plan.

 

Andy

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