Cabot/Mortimer Claimform - Aqua Card debt - now application to lift stay **CLAIM DIED**

[2021Oops]

Honestly I would like it out of the way asap, it might not even take the full duration. I can do this for a short duration and honestly 2 or 3 large chunks suits me better than an ongoing smaller chunk every month

[dx100uk]

Don't get had. They only paid <£200 for the debt.

 

Dx

[2021Oops]

True but I assume at this point they hold all the power and have done the digging so no need for them to be too generous. + a day ago I thought it was going to be £1800+ so dont wanna push my luck.

Also I know how I am and having a strict target will motivate me more than it becoming another monthly payment.

[2021Oops]

Just received this email from solicitors in response to my request to pay over 3 months.

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As you are aware, an application has been made requesting Summary Judgment and the matter has been transferred to Warwick County Court, however, we have not yet received notice of the hearing date.

Our client is still happy for you to pay the settlement offer; however, it needs to be made prior to the yet to be listed hearing. Should the settlement set out in our previous letter not be received in full prior to 5 days before the court hearing then we remain instructed to conclude court proceedings.

We can confirm that we are not instructed to halt proceedings on the basis of instalments, but if the total settlement sum is received in advance of the hearing due to be listed (whether made in one payment or several payments) then it will be accepted as settlement.

 

We enclose a copy of our information sheet which includes our bank details and information on how to pay.

For the avoidance of doubt, our client does not intend to ask you to pay more than you can afford or to put you into financial difficulties, it simply needs to protect its position with regards this outstanding debt, and these Court proceedings need to reach a conclusion. If the debt is secured by way of a County Court Judgment, a new and affordable arrangement can be discussed.

If you have any questions, you are welcome to contact our offices on the details within this letter. If you are unsure as to the court proceedings, we suggest you seek independent legal advice.

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Any thoughts on this?

 

I plan to just make a payment next week and stick to my reasonable offer. Should I tell them this?

Any ideas on the timeline here?, its 2 weeks since I got the letter from the court.

I just want to keep the due amount where it is and avoid the ccj at this point.

[AndyOrch]

All subject to the hearing date from what they say, 5 days before which is yet unknown either full or in instalment's...rather strange confusing response.

I would advise you respond and agree and get that first payment away asap.

[2021Oops]

Yes this was my plan, I suspect it’s because the previous letter stated paid in full by the 29th so they are extending that date  to 5 days before whatever date the hearing is.

I’ll send £500 on Tuesday and inform them of my plan to clear it before the hearing. 

[2021Oops]

Just to update the thread, paid the agreed lower settlement amount a week in advance of court date and debt is now settled. 

Thanks to anyone that gave advice here 

[dx100uk]

so what happened with the court claim did they disc the claim or vacate the hearing or what?

dx

 

[2021Oops]

Yes sorry.

I dont remember exactly what happened but a couple of days before the court date I got a letter from the solicitor saying the balance was £72 and they wont be pursuing it further then a week later a statement from Cabot stating I didnt need to do anything.