ignored claimform - Vanquis Credit card debt order of payment received

[MRS_P]

Hi

 

My mother in law passed away recently

 

during this time I got a claim form for a credit card.

I had too much going on and still do and couldnt respond to claim form.

Default judgement

 

Claimant then asking for £50 to pay instalments each month on £600 debt by 19th of last month, couldn't pay, didn't even think about this.

 

Court have now ordered I pay full balance by Monday 06/11/2017 or will pass to bailiffs

 

I can't afford this and can't bare the thought of escalating debt collector charges too.

 

I am not sure what to do

 

Can't even bring myself to speak to the claimant, never have done.

 

The debt was with vanquish credit card on high rates with quite a few £12 late payment charges.

 

They have the last 2 letters of surname the wrong way round same on the actual account itself.

 

Not sure if this is in any way relevant.

[MRS_P]

Hi

 

My mother in law passed away recently

 

during this time I got a claim form for a credit card.

I had too much going on and still do and couldnt respond to claim form.

Default judgement

 

Claimant then asking for £50 to pay instalments each month on £600 debt by 19th of last month, couldn't pay, didn't even think about this.

 

Court have now ordered I pay full balance by Monday 06/11/2017 or will pass to bailiffs

 

I can't afford this and can't bare the thought of escalating debt collector charges too.

 

I am not sure what to do

 

Can't even bring myself to speak to the claimant, never have done.

 

The debt was with vanquish credit card on high rates with quite a few £12 late payment charges.

 

They have the last 2 letters of surname the wrong way round same on the actual account itself.

 

Not sure if this is in any way relevant.

[Guest]

what do the orders say, was there an instalment order.

did the last order give the option to object.

one poss option could be a time order application.

another could be a further realistic instalments application, or perhaps a set aside if applicable.

not sure as your post is bit vague on the full circs.

but, you'll need to act quickly.

[MRS_P]

Sorry.

 

Notice of issue of warrant

 

I have ordered to make a payment to the court on Monday. There's no option to dispute this.

 

The original default judgement included a instalment option.

 

I have my my mother in laws death certificate of this helps

[Guest]

ok, so you need to try and get the the warrant suspended, and try for a realistic instalment order or set aside if applicable. form n245

a bit late, but it ould still be done

[MRS_P]

How would I set this aside.

 

Do you think I should speak to the claimant and ask them to withdraw if I agree to a payment plan?

[dx100uk]

cant see you being able to get this set aside if you ignored the claimform totally.

[mariner51]

You failed to attend the first hearing and failed to submit a defence so Court rightly issued a Default Judgement against you. No offer/payment was subs made, so Co rightly applied for full payment of outstanding debt.

Co may yet consider a sig down payment & binding repayment plan. This is your 'last chance saloon.

[Guest]

How would I set this aside.

 

Do you think I should speak to the claimant and ask them to withdraw if I agree to a payment plan?

agree with the guys, a set aside doesn't look like a way forward.

you could try and see if the claimant will agree to a suspension of the warrant application.

if suspended, you'll then have to stick to the payments ordered otherwise the warrant will kick back in.

[dx100uk]

think your idea the best Ford

stick a variation order in by an N245

[BazzaS]

Hi

 

My mother in law passed away recently

 

during this time I got a claim form for a credit card.

I had too much going on and still do and couldnt respond to claim form.

Default judgement

 

Claimant then asking for £50 to pay instalments each month on £600 debt by 19th of last month, couldn't pay, didn't even think about this.

 

Court have now ordered I pay full balance by Monday 06/11/2017 or will pass to bailiffs

 

I can't afford this and can't bare the thought of escalating debt collector charges too.

 

I am not sure what to do

 

Can't even bring myself to speak to the claimant, never have done.

 

The debt was with vanquish credit card on high rates with quite a few £12 late payment charges.

 

They have the last 2 letters of surname the wrong way round same on the actual account itself.

 

Not sure if this is in any way relevant.

 

Do you have a solid defence? If so, you might try for a discretionary set-aside (CPR 13.3). Even so, the court might not allow the set-aside as you could have / should have defended the claim.

Otherwise, follow the advice you've had.

[Guest]

fair point. even if the family bereavement was accepted as a reason for not dealing with the claim, there might not be much in going for a set aside if there is no realistic defence as you say. apart from perhaps trying to avoid a ccj via a tomlin, if it was set aside. but, then any tomlin wld need to be adhered to. and, if not set aside, then poss stung for hearing costs re. etc.?