Cabot/mortimer claimform - jacamo cat 'debt' - admitted by N9a Opps!

[loub]

hi all, i received a county court letter on the 28th october, dated the 26th october,

 

i havent contested the amount owing as i signed an agreement and i know i havent a leg to stand on

 

i have admitted to all the claim and posted back the same day,

 

i filled in my earnings etc and offer of payment,

 

its now the 9th nov and i am a bit concerned i havent heard anything,

 

i am worried they havent received it or i sent it to the wrong address,

 

i sent it to the court which is what it said to do but there is a solicitor address too.

 

I am panicking as the last thing i want is bailiffs especially as i responded so quick to the claim.

 

Any help would be appreciated

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

[AndyOrch]

If you would read the following posting your responses here please loub....to assist in the correct advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

[loub]

Name of the Claimant ? CABOT FINANCIAL

 

Date of issue – 26TH OCTOBER 2015

 

What is the claim for -

1.BY an agrrement between JD WILLIAMSA T/A JACAMO and the defendant dated 07/08/2013.

jd williams agreed to issue the defendant with a credit account.

the defendant failed to make the minimum payments due

and the agrrement was terminated

. the agreement was assigned to the claimant.

 

the claimant therefore claims 988.00

 

What is the value of the claim? 1118.00

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Cat debt

 

When did you enter into the original agreement before or after 2007? 2013

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? probarly but i most likely didnt read it in hope it would go away

 

Did you receive a Default Notice from the original creditor? most likely but cant find it

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

 

Why did you cease payments? couldnt afford it, when i rang to sort it out they wouldnt accept my offers of payment

 

What was the date of your last payment? unsure, i havent kept any records

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

yes, i rang and they wanted above what i could aford and insisted i had to pay it, i agreed but when payment came round i couldnt afford it due to children needed important things

[dx100uk]

Before or after 2007 please

Go get your credit file

Noddle below is free

 

Pers I'd get up on mcol and ack the claim on there

Defend all

Leave jurisdiction unticked

 

Then send an email to northants and tell them to disregard your paper submission

Never ever admit to a debt!!

 

Next get a CCA request running to cabot

And get a CPR 31:14 running to the sols

 

IMHO this is easily defended

 

Dx

[loub]

the debt was definitely after 2007,

 

i signed the agreement in 2013 which is why i admitted to the debt and agreed a payment plan,

 

my concern is that they havent received my reply with the income/expenditure and my offer,

i will ring them thursday i think, any further debts i wont admit too and follow the advice as set above

[Ganymede]

Ring today to check but it's probably just caught in the backlog.

 

Just checking to make sure that you are aware that by admitting to the claim you will automatically have a CCJ against your name now which will destroy your credit rating for the next 6 years?!

[AndyOrch]

" have admitted to all the claim and posted back the same day, "

 

Should have been sent to the Claimant if you enter an admitance

 

Andy

[panther12]

 

i have admitted to all the claim and posted back the same day,

 

i sent it to the court which is what it said to do but there is a solicitor address too.

 

If you completed the N9A Admission (specified amount) it says:

 

Where to send this form

•

If you admit the claim in full

Send the completed form to the

claimants address

shown on the claim form as one to which documents should be sent.

[loub]

Ok i will ring them i probs sent to wrong people then, hopefully they can help

[AndyOrch]

Ask the court if they forwarded it on to the claimant...ask what is the current status of the claim.......and ask is it possible to change your plea as you would like to defend it...if they have not already forwarded.

[loub]

hi all,

 

 

spoke to the courts and yes its been forwarded luckily,

 

 

just waiting to hear from them now so its too late,

 

 

i am aware it will effect my credit for 6 years,

 

 

to be honest my credit cant get much worse which is my own fault

[shamrocker]

loub - many of us have learnt tough lessons in regards to dealing with these matters.

 

 

In future, should you or anyone you know experience another claim,

get yourself on here immediately and seek help.

 

 

The process with most of the claims is pretty standard and simple,

but you need to act quick and you can often then block off any attempts by the fleecers to trap you.

 

 

It makes a world of difference if you can follow a few simple steps as soon as the claim form hits the doormat.

 

How do you plan to pay the claim?

 

Sham

[loub]

okai i will do

 

i shall pay by standing order or direct bank transfer, not direct debit as i dont want them changing the plan to suit themselves at any time

[i hate bailiffs]

Just because they issue a claim does not mean that you owe the money or they have any right to claim it

 

By admitting to this you will have a county court judgement against you

Shame you went this way about things

[loub]

any further debts that land on my door i will ask for advice here first, thanks for the help

[loub]

UPDATE

 

I am fuming all,

 

 

i had the letter back from the courts

 

 

they have refused my offer of payment of £10 per month

and have issued me an order to pay £80 a month

which is going to kill me financially

 

i am in two minds:

 

pay it and struggle for 14 months

 

or

 

do something to bring the payment down but dont know how to do that

 

any help/advice will be appreciated

 

thanks

[AndyOrch]

Hi loub

 

Not to panic simply submit an N245 (application to vary) and complete the I&E and re propose your offer ( I would up it to aleast £30pm).

..you can attach a letter explaining that you admitted the debt and made an affordable offer on the N9a

 

 

...the claimant has totally disregarded it and set a totally unaffordable amount that will cause great hardship.

 

The fee to submit this is £50 and the N245 can be found in our legal library.

 

Regards

 

Andy

[loub]

thankyou i will give it a whirl,

 

i rang them yesterday

they explained since the form being sent

the council have slapped an over payment of housing benefit and council tax benefiti

 

i have gotta try and pay 300 in the next 2 months to pay c.t off and they want me to pay double my rent to clear arrears

 

i voiced my concerns of trying to keep up with it all,

they were not helpful

in fact he was rude and tried to tell me a budget of 200 a month for clothes is too excessive ,

 

i agreed and explained when you got two children going through puberty especially my son at the min who has had 3 growth spurts in last 6 months,

told him i have had to replace alot of clothing because of the growth spurts....apparently he dont care about that.

 

he has put my account on hold for 28 days to send another /revised income expenditure form to include ct and hb over payment

 

i did ask if he could cut the payment to £40 a month and he said no, he was a right arragant git to be honest.

i

I can afford the 80 but i am worried at the same time,

i am going to ring the council monday and see if they will lower the payments maybe by half.

 

i am still going to put the form in.

Do i send a postal order or cheque for the 50?

[loub]

hi andy, filled the form out and going to write the letter and get it sent monday.

 

Do i send the form to the courts or the claimant ( cabot ) or mortimer clarke solicitors (payment address )

 

Thanks

[AndyOrch]

To the courts....payment by Cheque...do you not qualify for fee exemption ?

[loub]

ok, i assume i dont as i work

[AndyOrch]

Never safe to assume...read the following.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160A-Court-Fees-are-you-exempt.-**Correct-as-at-Sept-2015**

[loub]

i have downloaded a form and i am going to try, worse they can say is no

[Ganymede]

I would save your £50 Court fee and just pay what has been ordered.

 

Don't take this the wrong way but £100 per month per child for clothes very excessive and I'm not surprised your offer was rejected.

 

I'm sure your two kids can cope with only £60 per month each for clothes.