other Warrant of control

[early-riser]

Afternoon everyone I'm after some advice please.

 

Today we have received a warrant of control from our local court (dated 6th but post marked 9th October)

saying we have until Monday 19th October to pay an amount of £252.25 (balance after payment £8960.58).

 

 

It says the creditor is Cabot Financial and can only assume this is the debt collection agency rather than the financial institute

that we would originally have had an account with.

 

Can any of you lovely people suggest what I can do with this.

As it is due Monday was thinking of paying the £252 which would give us some time to try and find out who this is

and see what we can do to either get it set aside (in our dreams)

or more likely try and make an agreement for a payment plan.

 

I have recently completed cancer treatment and will agree I wasn't at my most organised during the last 12 months

but to stop any further worry need to get this issue resolved as soon as I can.

 

Any advice and suggestions will be gratefully received

[fkofilee]

You what? You paid 8960? and still have £252 left?

Please give us more info? Subject to CCJ?

[early-riser]

I've no idea who the CCJ is with.

The balance outstanding is £8960 if and when I make the payment of £252

Sorry for the confusion

[josephbloggs]

The courts have been asked to collect a part payment under a ccj

- by paying it it cancels the warrant and the remaining balance remains outstanding but not under a warrant and

then further payments can then be made to the company who bought the debt off the original creditor

 

If payment is not made you will be visited by a county court bailiff.

 

 

They are crap and will likely just post a letter thru asking you to sort a payment plan out.

 

If you cant pay it over a short-term period

they will ask you to do an n245 to request a stop on the warrant and set up a payment plan with the creditor

 

The warrant lasts for 12 months from when its issued

[early-riser]

Thanks joesephbloggs

 

I'm not disputing that we probably owe somebody money and will be happy to set up a plan to pay it off just need to find out what it's for.

 

So if I pay the £252 then would need to contact Cabot to set up the payment plan?

If we couldn't pay the £252 what would happen?

 

We wouldn't be able to pay the remaining balance over a short term

so what is an N245 and would we need to go to court for that one.

 

Has anybody had any dealings with Cabot are they vultures or fairly easy to deal with

Thanks again

[dx100uk]

so you've obv moved in recent years and cabot got a ccj by the backdoor at an old address?

[early-riser]

No I've not moved in over 15 years!! Why would you say that?

[dx100uk]

because they MUST have sent

a claimform

a Judgement [CCJ]

and numerous other docs to you before it EVER gets this far.

 

 

cabot buy bad consumer debt [credit cards loans catalogues etc]

then try and fleece people'

 

 

dx

[early-riser]

Well not had anything, this is the first thing we've had and we're trying to get it sorted. I was off work for over 8 months and no letters or phone calls.

[ploddertom]

If it is a Warrant of Control you have received then it has already gone to the County Court Bailiff, if not then Cabot are being naughty by pretending to have something they have not - no surprise there then. To find out about the CCJ go to http://www.trustonline.org.uk/ and check yourself to see when it happened - small fee payable.

[dx100uk]

yep somethings going on underhand.

 

 

findout and then we migt be ableto deal with the whole thing and get it nulled so to speak.

 

 

if they got a CCj by the backdoor, then with luck and a following wind

[i e the debt itself has an issue] you might be able to set the CCJ aside and get your money back

[if the more knowledgeable ones suggest you pay this £252]

 

 

time and gathering info is phase you are in now.

 

 

credit file from noddle below might help too.

 

 

dx

[ploddertom]

It is hard to know what to suggest until you find out about the CCJ. If you do owe it then easiest thing is to submit Form N245 on Monday morning whereby you apply to suspend the Warrant and also make a more suitable payment proposal - guess £20/£50 per month or what you can afford. If on the other hand you don't believe you owe it and have a good defence - Statute Barred possibly - then Set Aside is the way to go.