Hills/Restons judgement for claimant/default CCJ - Old Blackhorse Car Loan

[Psulkin]

Hi all

 

I've received a rather threatening letter from Restons Solicitors, I'm hoping you can assist me with my problem.

Resotns solicitors been instructed by their Client Hillesden securities limited.

 

I have received an n30 Judgement for claimant Resotns solicitors been.

 

I believe it relates to a car finance agreement I had with Black Horse back in 2000

the Car price was £12000 to be paid over a period of 48 month.

 

After few month later in year 2000 due to financial problem I wasn’t able to keep my payment of the monthly instalment to Black Horse.

Black Horse decided to take back the vehicle and sell it at an auction for £5000.

 

Black Horse put a default on my credit file (I do not know if that CCJ or not)

but I wasn’t able to take any credit for six years and they started to charge me £20.00 a month until year 2010.

 

Black Horse sold the debt to Hillesden securities limited

with some advice from the Citizen advice centre I start paying them £1.00 a month as a token payment.

 

In year 2012 for unknown reason I stopped the standing order by mistake.

I didn’t receive any correspondents from Hillesden securities limited from year 2012 until November 2015

 

I received the court letter from there form Restons solicitors.

They are demanding £1540

 

I wrote back to them asking to make a token payment of £1.00 but they didn’t reply back to me

and when I phoned them they denied my offer letter.

 

I received N1SDT from the court and they asked me to pay the £1725 court fee included.

I offered the court £1.00 every month for six month until my financial status improved

but they refused the offer

and now I have N30 from the court asking me to pay instalment of £226 a month

which I will not be able to afford.

 

I do not know what action to take as I don’t own a property;

I am currently in a renting accommodation and already have family financial problems.

 

Do I consider this as a statute barred?

 

I need your help guys.

[dx100uk]

did you not received the claimform?

 

why did you not defend the claim?

 

cant be statute barred if you were paying it in 2012.

 

dx

[Psulkin]

Hi

Thanks for your reply.

 

Yes I recived the claim form N1SDT, I sent it back to the Restons Solicitors attached with my payment and expenditure showing minus -100 every month. I offered them £1.00 a until my financial gets better.

 

but Restons Solicitors reply back to me through the court by Judgement of claimant form N30 refusing my offer of £1.00 and asking me to pay monthly instalment of £226 which I can't afforded.

[Guest]

n30 is re a default judgment

did you not even acknowledge in time to the court service of the claim

[Psulkin]

Yes,I acknowledge to the court about the money I owe to Black Horse

[Guest]

ok. you file/served an admission?

they can then apply for judgment including their request for an instalment rate, court then to direct in the circs.

[Psulkin]

the court is giving me 16 days to reply back. this 16 days will end on the 7Th Jan 2016 which I will do before the end date.

there is a warning note in the N3 form said:

'' if you ignore this order your goods may be removed and sold or other enforcement proceedings may be taken against you''

I have no goods or anything I have for them to be removed or to be collected it is my partner council accommodation and everything here is belong to her.

 

what they can do against me?

[AndyOrch]

You need to request a re determination...this can be done free of charge providing you act within 16 days of the date of judgment....draft a simple letter and attach a Income & expenditure.

If that fails you can use the N245 and apply for a variation...although this does require a fee of £50.

 

Regards

 

Andy

[Psulkin]

thanks you

 

is the re-determination is the form N244?

 

The re-determination how far can help my case?

[AndyOrch]

No...no form for a re determination....just draft a letter and attach an I&E.

 

As for helping your case it reviews and reduces your monthly figure to suit your income.

[Psulkin]

thank you.

[renegadeimp]

You fell for the oldest trick in the book. You send the defence to the sols . Not the court.

 

 

They tell you to send it to the sols, because they will never pass it on to the court,

and then you will get a default judgement you cant contest.

[Psulkin]

How I get an example redetermination letter because this is the first time for me? ............anyone guys can help with this

 

earlier the court is advised me to send the defence to the claimant not to the court.

 

but now the court is waiting for my reply within 16 days. thanks

[renegadeimp]

You ALWAYS send it to the court using MCOL. The court will send a copy to claimant. Or you can. But you MUST send a copy to the court yourself

[dx100uk]

:frusty:

[AndyOrch]

If you accept the claim and make an admittance with offer of payment...the forms go to the claimants solicitor....and the claimant can request judgment....so you have not made any errors.

 

With regards to a letter for re determination......

 

Court name and address:

Your name and address:

County Court Claim No:

 

Name of Claimant: (creditor’s name)

Claimant’s Ref. No: (account reference number)

Name of Defendant: (your name)

 

 

Application for redetermination

 

Dear Sirs,

 

I wish to apply for the above judgment to be redetermined under rule 14.13 of the Civil Procedure Rules. As the judgment was made without a hearing I am entitled for this to be done at my local County Court hearing centre and, because the application is within 16 days of the postmark on the original judgment, therefore there is no fee.

 

I am applying for this redetermination because I am in financial difficulty and I can’t pay the instalment that was set on the (insert date of order). I’ve enclosed an up to date budget and list of creditors to help you reconsider the judgment.

 

I am offering to pay £xxx per month towards the debt.

 

Yours faithfully

[havinastella]

did you not received the claimform?

 

 

why did you not defend the claim?

 

 

cant be statute barred if you were paying it in 2012.

 

 

dx

 

If they didn't pay between 2000 and 2010, it would have been SB.

[dx100uk]

that did cross my mind too.......

 

 

so in 2010 when you started paying Blackhorse

prior to that

when was your last payment

was there a gap of 6yrs when you paid no-one nowt on the debt?

[Psulkin]

I purchased the Car in year 2000

After few month later in year 2000 due to financial problem I wasn't able to keep my payment of the monthly instalment to Black Horse.

 

Black Horse take the car back and sell it on Auction.

 

Black Horse issue a CCJ without notifying me .

that default my credit form year 2001 to year 2007.

 

 

since year 2000 I agreed with Black Horse to pay them £20 a month

I kept paying the £20 instalment till about year 2010 when Black Horse sold the Debt to Hillesden securities limited.

 

in year 2010 I made a new offer to Hillesden securities limited to pay £1.00 a month and accepted.

but by mistake I cancelled the standing order for Hillesden securities limited in year 2012 and I completely forget about it.

 

suddenly In November 2015 Resotns solicitors start to act on belahf of their cliente by their Client Hillesden securities limited.

[dx100uk]

theres already a ccj from Blackhorse issued in 2001?

 

 

how can restons issue another CCJ for hillies on the same debt?

 

 

dx

[AndyOrch]

I dont think BH ever had a CCJ DX

[Psulkin]

I been defaulted by Black Horse from year 2001 to year 2007. the default was shown on my credit file for six years and stopping me from getting any credit.

[Ganymede]

You fell for the oldest trick in the book. You send the defence to the sols . Not the court.

 

 

They tell you to send it to the sols, because they will never pass it on to the court,

and then you will get a default judgement you cant contest.

 

There is no trick and the OP has not made an error and has followed the correct procedure.

 

Admitting the debt and offering a payment there is always an automatic CCJ. The Claimant is entitled to to reject the offer of payment and let the Court decide.

[Psulkin]

if the court is still asking me to pay a monthly amount which is still too high for my budget and issue a bailiff against me i will not be able to afford it as Iam living with my partner in a council accommodation.

 

Does the bailiff staff still have to collect goods from her house such as electronic devices or furniture?

[AndyOrch]

Thats why you must make either an application to redetermine/ vary and get an affordable set monthly amount.Once that is agreed they cant execute the judgment.