Help needed with County Court Claim issed by Capquest re. Citicard

[ohdearwhatshallido]

I have today received a County Court Claim form the claimant being Capquest Invesments Limited.

 

The particulars of the claim are as follows:-

 

Monies are due under regulated credit agreement number xxxxxx between Citifinancial Europe Plc and the Defendant which was assigned to the claimant on XX/XX/XX. The agreement terminated upon the defendants failure to comply with the terms of the agreement and/or the statutory notice of default served by Citifinancial Europe Plc. The claimant seeks contractual interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of the issue continuing the daily rate of 1.22. Any payments or queries should be directed to the claimant on: XXXX XXXXXXX or XXXXX XXXXXXXX.

 

What do I do now? Yes I do owe the money, can't afford to pay it.

 

I hope somebody can advise me.

[sequenci]

Hi there.

 

There should be an admission form [ n9a ] sent with the claim, this will allow you to fill in your income & expenditure and make a reasonable offer of repayment. If you have other creditors too, this offer should be a pro-rata amount compared to your other debts.

 

This following factsheet will give you all the info you need. If you get stuck reply back on here. Good luck with it all.

 

PS - SEND YOUR OFFER TO BOTH THE CREDITOR AND THE COURT (recorded!)

 

National Debtline England & Wales | Debt Advice | Factsheet 20 Replying To A County Court Claim Form

 

ps - are you in mortgaged or rented property (important)

[ohdearwhatshallido]

In mortgaged with arrears.

[sequenci]

In mortgaged with arrears.

 

you need to bear in mind that it isn't always a given that the judge will grant an instalment order, they may decide the amount is payable forthwith, this would allow the creditor to go straight for enforcement - a popular method being a charging order. Make sure your offer is reasonable and show the court as much info as you can to convince them to grant you the instalments.

 

have you an arrangement for the mortgage arrears?

[ohdearwhatshallido]

An instalment offer being "monthly instalments"?

 

Yes we have an agreement with our mortgage company in place. Shall I attach a copy of this with our form?

[ohdearwhatshallido]

I have some queries with the admissions form.

 

I am a student so i'm assuming I put unemployed? But I want to let them know i'm a student and studying to enable me to get a job when my children are at school so can I attach a letter explaining this?

 

I have no income other than child benefit, and my husband is self employed. Do I fill his income in and our joint expenditure and joint debts?

 

Thank you for your help.

[ohdearwhatshallido]

Does anyone else have any advise for us on this?

[Belaflat]

Your Husband is only liable if you signed a joint agreement.

Why should the loan company expect him to pay towards your debt.

As such, I would not include his income on any admission.

 

Many years ago GUS catalogue CCj'd my then wife and i refused to make any payment towards it.

They had to accept £1 a month from her child benefit.

All the threats in the world couldnt make me pay.