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

[awesomejudy]

ok found it i just look and found the claim was for 428 dont know where I got 800 from but at the time my head was all over the place as i had just lost my mum so will scan it now

[obiter dictum]

Remember to edit out any claim number etc

[dx100uk]

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??

why not write back and tell them its not affordable?

[dx100uk]

we don't need to see the claimform...

 

simply fill this out please

 

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

[awesomejudy]

What is the value of the claim?

£235.00

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

Credit card

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

 

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. assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

 

Did you receive a Default Notice from the original creditor? yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? couldent afford and personal circs

 

What was the date of your last payment? 2013

 

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

[dx100uk]

and the rest of the questions please ....

Particulars of claim box please in full

[obiter dictum]

You do not want to get a CCJ for a few hundred quid, but time is very short to rescue this.

 

You need to decide how much you can pay each week to get the creditor to accept a repayment proposal and withdraw the claim.