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Post Office/Bank of Ireland. credit card - CCJ & Restriction sold to cabot - reduced settlement?


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Hi everyone....

 

Well, today's the 20th January, and this letter arrived today..

 

Order.png

 

I couldn't attend the hearing (due to the baby being poorly). So had to make do with the WS being being sent by email (as suggested by the court staff when I rang).

 

This looks to me like a CCJ!! It raises several points:

 

1. Arrived 20th January, ordering me to pay full amount by tomorrow! Posted 2nd class on 18th, following a hearing over 2 weeks ago...

2. Obviously I don't have the money - so what do I do?

3. We go away on holiday on saturday for a week - good timing

4. Can I "see" how the Judge came to this decision, based on the information to hand - I think I'm bothered that he possibly didn't get to see my email.

 

Andy O - I need your advice buddy!

 

Cheers :(

BL

2.

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Thats a Forthwith Judgment BL.Not attending any hearing (particularly a SJ hearing) has grave consequences im afraid.

Ok you will now need to apply for a redetermination to set affordable monthly payment.

This can be emailed or faxed to the court, there is no fee and just a short letter requesting it is all thats needed.

 

Sorry about the result BL

 

Regards

 

Andy

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Redeterminations

 

If you cannot afford what the court has decided you should pay, you can apply to the court to look at your offer again. This is called a 'redetermination'. There is no fee for this and you must do this within 14 days of getting the order.

You can apply by simply writing a letter to the county court. Quote your case number, attach your personal budget sheet, and explain why you disagree with the order the court has made.

If a district judge made the original order without a hearing, then the redetermination of your offer must be decided at a hearing.

If there is a hearing, the case will automatically be transferred to your local county court so that you can attend. The court will give you a hearing date.

If you have at least one CCJ and owe money to more than one creditor, the court can combine your debts and make an 'administration order' - saying you must make a single payment every month to be shared by all your creditors. You have to owe under £5,000 in total.

We could do with some help from you.

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What to do if you disagree with a CCJ

 

If you have a genuine reason to disagree with a CCJ, you can ask the court to remove the judgment ('set it aside'). You may have to pay a fee for this. If you don't have a genuine reason, your application could be treated as wasting court time or even perjury - serious offences that can incur fines and prison sentences.

If the judgment is set aside, things go back to the start of the claim. You have another chance to reply to the Claim Form and explain your situation. The CCJ is taken off the Register of Judgments, Orders and Fines until a new judgment is made.

We could do with some help from you.

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Thanks for all that Andy - it's a big help.

 

Looks like it's game over though :( I'll write to the court with a budget planner.

 

Do I have to offer a payment or does the court decide what I should pay?

 

The reason I ask is that between us both, we have very little disposable income, so much so that we've been living off savings etc for a few months. What happens if our budget planner shows we have no surplus income? I'm self employed, and business is tight at the minute (Hardly earned enought to pay income tax this year) so we couldn't afford to pay much more than £5 a month - would that be enough or do you think they'll be looking for £50+?

 

Cheers

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Just complete a I&E with your request and state the true figures.You will only pay what is reasonable or available from your disposable.

Cant get blood out of a stone.

Once your redet is accepted and set never miss a payment or default or they will go for the Forthwith then slap a ICO on top for good measure.

 

Regards

 

Andy

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but what would happen if there was no surplus income each month? We are surviving because there is still the remnants of redundancy money, but it won't last long. Hopefully my work will pick up soon, but I can't guarantee it of course.

 

How DO you show your income as a self employed person anyway? Some months is can be £3k, others it can be £500.... :(

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but what would happen if there was no surplus income each month? We are surviving because there is still the remnants of redundancy money, but it won't last long. Hopefully my work will pick up soon, but I can't guarantee it of course. Thats why you have to offer a realistic affordable amount (good days bad days)

How DO you show your income as a self employed person anyway? Some months is can be £3k, others it can be £500.... :(

As an average

 

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  • 3 weeks later...

Got a reply back from court, they've sent a form N245 I think it is.

I have to complete budget and send it back with £35!

I've also written to,solicitors as they wanted to know when we were paying the money, and I sent them a copy of the letter to court.

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  • 4 weeks later...

No reply from solicitors upto last week, despite two letters sent by fax with a confirmation receipts to show they arrived.

 

Anyway, did a bit of digging and I found the name of the lady who is the solicitors customer operations director, along with her email address! So, a few days after I sent her an email asking for her assistance in getting a reply..... I received a reply!

 

They've asked for more information regarding the detailed income & expenditure I copied them in on (the same one I sent to the court) - I detailed almost everything I could, but the bottom entry is £200 a month for entertainment. They want to know how this is broken down. How do you break down entertainment for a family of 4. It's £50 a week for God's sake! It's just eaten up with new shoes, clothes, saving a bit towards a holiday for the kids, stuff like that. I don't want to tell them to p*ss off becuase they are currently considering my £5 a month offer towards the CCJ, but I don't think I COULD break it down if I tried - maybe ENTERTAINMENT was the wrong phrase?

 

Anyways, as always the benefit of your multiple experiences would be gratefully received :)

 

Cheers

 

BL

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Did you use the guide from National Debtline when completing your I&E expenditure form ? It gives some idea of what is acceptable by way of expenditures. Also have a look at Sequenci's Debt Blogs.. link in my signature.

 

I would say, yes.. they might lose the plot if you were to put £50.00 a week for entertainment. If the money is being used for childrens shoes (and their feet do grow at a rate of knots) then say that is what the money is for.

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maybe ENTERTAINMENT was the wrong phrase?

 

Absolutely I would have thought Misc expenses, she probally thinks you are out quaffing wine and dining, like her:|

God forbid.

 

Andy

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  • 2 months later...

Hi Andy, just a little update for you :)

 

I wrote back apologising for not being clear - I'd just lumped together all the little odds & ends, kids shoes, clothes, etc.

 

I had a letter from the sols about 3 weeks ago acknowledging my letter and saying they will come back to me when BoI get back to them - they are far from quick!

 

so as it is - nothings happening. I'll have to wait & see what they say, but if the refuse my offer of £5, will I still be able to ask the Court to change the Order?

 

Cheer

 

BL

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Hi BL

 

Its not their Sols who set the figure in a redetermination its the Court, you only copied them in

because you are nice person.:roll:Wait until the Court contacts you and confirms the new monthly figure.

 

Regards

 

Andy

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Hi Andy!

 

Haven't actually contacted the court. I wrote to the sols and they were the ones who queried the "Entertainment" figure in my budget planner. I figured the sols/bank were the one's who can decide what to accept, so I'd try make an agreement with them rather than pay to go to court for redetermination.

 

sorry :oops:

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:?: So you didnt action your post 234 and complete the N245? Did you not read my post (228)BL?

 

Im afraid the you are now at the mercy of the Claimant and what they they deem acceptable.I did advise you what steps to take after a forthwith judgment.

Probably be an ICO also now winging its way to you.

 

Andy

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Post 228 ( two two eight) crazy website:roll:

We could do with some help from you.

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Don't worry, I figured it out!

 

sorry mate, I did read your post but I think I was in so much of a muddle that it all got on top of me :(

 

I'm guessing an ICO is a (Interim?) Charging Order? sorry to be a pain, but what exactly is it, and what are the implications of one? house is jointly owned, which I believe could be relevant?

 

Cheers Andy

 

BL

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Hi BL

 

OK when you are presented with a forthwith judgment it is as its said Forthwith.Payment within x days and no CCJ will be registered

or a mthly payment set blind by the DJ (unaware of your income and expenditure) which is totally impossible to meet and a CCJ to boot.

 

So providing you are quick off the blocks you make a redetermination application £35 and submit your I&E.The DJ will then set an affordable payment

(irrespective of if the claimant likes it or not but they do have the opportunity to object and request a further redetermination)

 

The position you have now put yourself in, is as i have said above, the Claimant is calling the tunes and dragging the time and allowing them to make application

for the ICO in the meantime, because you have not been instructed to pay anything. They may not see what transpires.

 

Because the debt is yours alone and your property is in joint names any ICO can be challenged.You wont stop it but the restriction can only be applied to 50%

of the property ie your share.A restriction is a means of securing their debt against your asset and anytime you sell the restriction will be flagged that it need to be settled either by yourself or the buyer (in some cases with bad conveyancing)

We could do with some help from you.

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Thats really clear, thanks mate.

 

I realise now I should have gone back to court with the N245. I think I just assumed that now they'd got the order that I could negotiate about how I could pay them back. Stupid I know, but then you live & learn. Certainly won't make that mistake again!

 

If (when) they get the ICO, will I still need to pay what I have offered? Or will the debt just sit there until such time as we sell the house?

 

Cheers

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If an affordable monthly payment can be agreed between yourselves you will make this payment irrespective of the CO until its either cleared or you sell.

If you cant agree then you still have recourse to apply to the Courts to set it by way of the N245.You can use your mistake and what the Sols have done as grounds.

 

Chase them up BL and get something agree quickly.The longer no payment can only cause you more grief.

 

Regards

 

Andy

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  • 3 weeks later...

Well, here we are....1 year later!!

 

I never received a reply from Citi in response to my £1 offer letter. I received several letters from Collect Direct, and their associates, but kept referring them back to my offer which no-one replied to.

 

I've today received a letter from C a b o t, informing me that they've bought the debt and it has now been assigned to them.

 

The letter was dated 11 days ago! It enclosed a "copy" of a Notice of Assignement.

 

Also received today was another letter from C a b o t which was dated a few days ago. It says they've tried to contact me without success and would like a reply to their previous letter (yes, the one I opened AFTER this one!).

 

I've not bothered with CCA requests etc as it's probably ok, but perhaps its time for a rethink?

 

Also, can anyone clarify the correct process for Assignments? Doesn't seem right some how.....

 

Cheers :)

 

BL

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  • 2 months later...

Well, three months on and nothing to report. Had a letter about 2 months ago to say they're waiting for instructions from their clients, but nothing since.

 

Ah well, time will tell......

 

BL

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Received a "Notice of change of solicitor" this morning from Northampton CC.

 

GPB Solicitors LLP are now acting instead of Geoffrey Parker Bourne Ltd (same address, reference number etc). Any thoughts on this? I reckon they've had an internal restructure or something, but it could be something more relavant to the case?

 

Cheers

 

BL

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I would assume a change of Sols to handle the CO application.

 

Andy

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