Cabot/Cap1 ccj admitted part but was set aside - now sols writing again

[awesomejudy]

back in jan I received a cc claim from Cabot for a debt I had with Capital One

 

i responded to the claim

i did the income expenditure and admitted the 235 debt i owed but disputed the added solicitors fees etc

.I contacted the court to see what was happening and was told the judgement had been set aside.

 

Today nearly 6 months later I rec a letter from Mortimer clarke ,

 

which reads as follows

we refer to the admission form filed in response to the claim form

our client has considered your admission very carefully and is prepared to accept your part admission of 235 ,

from the figures provided however your total monthly income is 100 and expenditure is 100

as your expenditure is the same as your income

 

they indicate that you may not be able to afford your proposed offer of payment of 5 pounds

please confirm how you will be able to afford the propose offer in light of the above.

 

if we do not receive a response within 14 days

we are instructed to accept your offer and make an application to the court

to enter judgement for the admitted amount payable by your proposed monthly installment of 5 pounds .

 

alternatively if you confirm within 14 days that the offer is not affordable and sustainable by you

we will refer this matter to our client for further instructions

 

.if judgement is granted by the court we will write to you again with the judgement terms

and ask you for further details of your financial circumstances so we can review if affordable for you

 

any thought help advice please??

[renegadeimp]

WHy would you admite a debt that cabot is trying to get a CCJ on. Cabot rarely ever go after a legit debt.

[awesomejudy]

Because i rec a county court claim if you read my post it was set aside now rec the letter I posted I RESPONDED TO THE COUNTY COURT NOT CABOT

[dx100uk]

if it was set aside

then you wait to here from the court directly

that these fleecers ARE going back to court.

 

because it was setaside [you DO have this in writing from the court don't you?]

this resets the whole claim

so your 'admittance' is now null and void

Mortimer are simply trying to spoof you into paying.

 

now back to the court case

did you send the claimant a CCA request

and

a CPR 31:14 to mortimers?

 

 

have you still got the claimform?

you need to poss look at starting again with the correct way to defend a claim

which is NEVER EVER admit anything.

ALWAYS defend all

 

 

dx

[awesomejudy]

no have nothing in writing from court

i contacted them by telephone in feb when they informed me it had been set aside

and no i have had no cotact with either cabot or mortimers only the court

if i go on to the court site with the orig court docs it tells it it no longer exists

 

I was told by the court the reason it was set aside was

because they had failed to respond to my response in due time so the judge had set it aside

 

she also said they would need a very good reason to bring it back before the judge

[dx100uk]

which the above willy waving is not a very good reason...

 

 

pers i'd totally ignore them.

if the COURT doesn't write to you

its def willy waving.

 

 

the claim was set side, they cant go for a SJ.

[awesomejudy]

Thank you will wait and see then

[dx100uk]

now back to the court case

did you send the claimant a CCA Request

and

a CPR 31:14 to mortimers?

 

 

have you still got the claimform?

you need to poss look at starting again with the correct way to defend a claim

which is NEVER EVER admit anything.

ALWAYS defend all

 

 

dx

[mercyblue]

Just make sure you keep the original claim form. As that claim has been set aside they would need to issue a new claim. As the new claim would be exactly the same as the old one I can't see how it couldn't be considered vexatious - which is a big no no.

If they are silly enough to go waste some money on a new claim let them try and explain to the judge why after suing you once and lost they are now suing you again for the same debt! Somehow I expect they would discontinue before that.

[AndyOrch]

Did you make application to set a side ?

 

" back in jan I received a cc claim from Cabot for a debt I had with Capital One i i responded to the claimi did the income expenditure and admitted the 235 debt i owed but disputed the added solicitors fees etc .I contacted the court to see what was happening and was told the judgement had been set aside "

 

If you submitted the admittance form and offer.....then normally its an automated CCJ for the claimant...when they request it.

 

Did the court not state it was stayed rather than set a side?

 

Regards

 

Andy

[dx100uk]

yea I was thinking that too.

 

might be an idea if the OP checks their credit file?

 

or rings the court on monday and finds out what the beep is going on.

[awesomejudy]

I did ring the court and was told by them it had been set aside as I had replied to the court forms

but they failed to respond within a specific time (they being cabot) is what I was told so the judge had set it aside

 

I was also told that the judge would need a very good reason for them to put it back in front of him.

 

I have rec another letter today saying they are going to apply to the court to enter judgement

because i failed to respond to mc letter .

 

Do I contact Mortimer clarke or not?

 

I contacted courts again there is now no record of that case

Edited July 27, 2016 by awesomejudy

[obiter dictum]

Going from my own experience only the defendant can set aside.

 

 

For that an origninal judgement must have been made and a CCJ Awarded.

 

 

You would personally have to request via an application order and fee for the judge to decide to set aside or not.

 

 

You will then have been given a Decision from the court in writing as to the judgement.

 

This looks to me that the original claim was stayed due to the claimant not responding

and that Mortimer Clark are now seeking an order from the court to lift the stay and go for summary judgement.

 

But that is my own opinion having done this personally on the information provided by yourself.

 

You need to contact the court again with the claim number and ask for an update

Edited July 27, 2016 by obiter dictum

[awesomejudy]

thankyou

i have contacted them

was stayed but they still have nothing from MC

but im sure they will within the 14 days as this is what they said they will do

[obiter dictum]

Then Mortimer Clark will have to apply to the court to have the stay lifted and you notified with any objections.

 

This looks to me like a Phishing Trip by Mortimer Clark. It is your choice but as you have already admitted part of the debt you will have problems. I would in your position offer them up to a fiver a week max as a repayment proposal and sealed via a Tomlin Order. Then go for any penalty charges etc. That will stop any CCJ. It will give you some breathing space.

 

But that is me, only you can make that decision.

Edited July 27, 2016 by obiter dictum

[awesomejudy]

that is what I offered to court 5 a week the debt was for 800 and i admitted 235 that was including court fees which they now accept so they said they will accept 235 at 5 a week.Sorry to be a pest whats a Tomlin Order?and how do I get one ?

Edited July 27, 2016 by awesomejudy

[obiter dictum]

What is the original amount claimed as the debt on the claim form

 

What is the original amount on the claim form with Court costs

 

What is the amount claimed on the claim form with solicitors cost

[dx100uk]

right so all the way back to my questions...

 

did you ever send the claimant a CCA request

and the sols a CPR?

 

cause if you haven't

then you don't appear to have a valid defence to run with.

[obiter dictum]

DX100K

 

I am more worried if we do not act quick she will get a CCJ as she has already admitted the debt and offered a payment proposal. They will then go after her later or flog on the balance to another DCA to chase as a short settlement

 

In my opinion a Tomlin Order request is now the best option to avoid that CCJ

Edited July 27, 2016 by obiter dictum

[dx100uk]

needs a defence for any hearing that might happen

no paper=no debt m'lud...bugger off fleecers

 

get them running today it cant hurt

should have been done on the 10th when advised.

[awesomejudy]

Dx The answer is no to all.

 

the orig debt was a credit card with a 200 limit

but when the court forms came it has jumped up to nealy 800 with sol and court fees

 

on my response to court I admitted the orig card limit and court fees but not sol fees

 

they wrote and said they would accept 235 which included the court fees to be paid at 5 pounds per month

and they would go back to court in 14 days to ask them to confirm

they also asked me to contact them do I do this?

[obiter dictum]

Only problem being is how can there be any defence as she has already admitted the debt?

 

All that will happen now is a rubber stamp job from the court

 

Do you still have a copy of the original N1 county court claim. If so post up the particulars of claim. It normally starts "Monies owed"

[awesomejudy]

Dx I dont know what im supposed to do we are told to ignore debt collectors which i did but i didn't ignore court I have no idea what a cca or cpr is sorry

[awesomejudy]

ok will have to dig it out and will put in on

[obiter dictum]

Please do but the clock is ticking fast