Cabot/Restons MBNA Card CCJ and i didnt know i had it. ***Resolved***

[dx100uk]

they've had over 4.5yrs 'to do something'.

don't be fooled that they didn't knoww where you were at the time of the CCJ..

[hitchy1]

Ok thanks, i will sit and wait it out.

[AndyOrch]

As the judgment must be more than £5K if the court fee was £410.....I would be submitting an application to get a monthly payment in place( N245) ...then you wont have any worries if and when the Bailiffs will come knocking.

 

Andy

[hitchy1]

The info from the court is in post 24 and all i ever received

. It doesn't state how to pay so I’m assuming they can ask the full amount.

Are you saying I should try and resolve? 

There is also a link to Cabot website which I haven’t accessed but indicates that a payment plan can be agreed electronically or a reduced settlement amount. Is that not an option? 

[AndyOrch]

As it approaches 6 years its obvious they will execute the judgment for that amount.....if you make application to vary the payment first they cant execute further.

 

Put it through the court not Cabot...then its rubber sealed....fee is £50

[hitchy1]

It came from Northampton bulk, is that where i return?

Also on the document it asks for the warrant number and local number, the only  numbers i can see in the documentation is a case number and the account reference number do i use these?

 

i believe the fee is being reduced to £14 from 3rd August.

[AndyOrch]

Yes if it was a default judgment.

 

Claim number.

[hitchy1]

I have submitted the form to the Northampton County Court.

Just to confirm the fee for this is now £14 if any others are doing the same.

 

In the meantime i have received another letter from Cabot this time referring to an Abbey National overdraft of £1200 from 2007.

I know for a fact that any account i had with Abbey was closed that year as it is the time i entered a joint dmp with my ex.

 

I also know 100% that no payments have been made since July 2013.

Any payments that were made prior to this did not come from my account.

 

Am i right in thinking overdraft debt is treated differently to credit card debt?

also do i wait until they submit some form of detail about the debt or do i make a request?

there is nothing in the letter, just the usual we want to work with you.

[Old Cogger]

Bless them not (Cabot haha) trying it on , see if what ever they send next?   Abbey National? long time gone.     Statute of Limitations act comes into force ?  dependant on your location & last contact with them,     

 

 

Limitation Act 1980 - Wikipedia

Edited August 7, 2020 by Old Cogger

[hitchy1]

Thanks,

my communication only started with them recently when i discovered the CCJ which was the main purpose of the thread and subject to N245 which i have submitted.

 

No details at all about Abbey just a reference number and as you say Abbey became Santander in 2010 long after i had closed my account with them.

 

I will wait for the next letter...................

I'm sure it will be along soon but I'm tempted to ignore all communication around this unless something specific arrives.

[Old Cogger]

@Andy

[AndyOrch]

Ignore......not sure how you got away with a fee of £14 fro the N245......its £50 as per HMRC fees.

[hitchy1]

Thanks, the fees changed on 3rd August to £14. I paid over the phone and they confirmed it was the new fee for N245.

[AndyOrch]

So it has......thanks for the heads up

 

• Application to vary (amend/change) a judgment (or order), suspend enforcement or suspend a warrant of possession or stay a High Court Writ. £14

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf

[hitchy1]

Andy

Just to let you know my offer was accepted and at least i can stop worrying about further action.

Thanks for the advice.

[AndyOrch]

N245 was successful ?

[hitchy1]

Yes, i did what you said. Made a realistic offer and was accepted without question. 

[AndyOrch]

  Topic title updated.

[hitchy1]

Back in 2020 i discovered a CCJ and after much guidance and communication submitted a form N245 in which i ticked the boxes 'suspension of warrant' and 'reduction in instalment order' which was accepted and i subsequently set up a direct debit for the agreed amount.

 

After only 6 payments i have now received a letter from Restons asking me to complete a new financial statement and make a new offer by the 9th April 2021.

 

My understanding was that as long as the payments had been made and the order had been accepted that would be the end of the matter. To say i am stressed is an understatement. I feel like just telling them to do one and take me to court but probably wont help.

[dx100uk]

you mean

 

Cabot/Restons MBNA Card CCJ and i didnt know i had it. ***Resolved*** - Financial Legal Issues - Consumer Action Group

[hitchy1]

Yes, that's the one. The e mail i received from the court states the following.

 

The payment arrangements are between you and the claimant not the court. The claimant has accepted your offer of £xxxx a month first payment is due to them on xx September 2020. You will need to contact the claimant and arrange to  pay them.  The claimant will notify us when the payment has been made in full.

[AndyOrch]

Topics merged.

 

I thought we had seen the back of this crew been very quiet last couple of years.

 

Okay so you ignore their letter and continue to make your payment...if they wish to up it they can make an application for a redetermination.

The agreed monthly amount was set by the n245.

 

Andy

[hitchy1]

Thanks Andy. I will ignore and see what happens after April 9th.