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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70014
Experience:  Over 5 years in practice
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I hacked a capital 1 card taken out in 2010. After being

Customer Question

Hi
I hacked a capital 1 card taken out in 2010. After being made redundant I didn't pay balance was £1900.
They sold debt on to Cabot financial in 2015 and now solicitors have issued a ccj form...I did make an pressurised arrangement with restons solicitors as I work in finance was scared I may loose my job....I don't know what to do. I have paid £350 so far in past 6 month but found it hard to maintain. As I wanted to reduce this but couldn't prove my child mentenence had reduced by my exporter which had an impact on my household income.
Help
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

How can I help with this please?

Customer: replied 8 months ago.
I would like to know if I can defend this and say debt is 6yrs old? Or try avoid a ccj somehow as I work in finance and I am embarrassed at this coming to a ccj. I been through redundancy and a divorce hence I buried my head in the sand.
Expert:  Jo C. replied 8 months ago.

The issue for limitation isn't the date of the debt but the date of last acknowledgement. If you have paid within 6 months then you have acknowledged it within 6 years.

Expert:  Jo C. replied 8 months ago.

On the face of it, you are liable. There is no way around it.

If they will not agree a reduced payment then I'm afraid a CCJ is fairly inevitable. It is never possible to guarantee anything. A case can be lost for any reason but that is not usually likely.

Expert:  Jo C. replied 8 months ago.

It might have been that if you had maintained payment or agreed a reduced amount then it would have been avoided or they might have sued anyway. Sometimes they do.

The plain fact remains though that they are suing and they cannot be forced to withdraw.

Customer: replied 8 months ago.
Is there a way I can ask the judge to suspend court action on review of me maintaining an arrangement? Do you think that is possible?
Expert:  Jo C. replied 8 months ago.

If they will not then a CCJ is likely.

you can always apply for a variation order to pay in instalments.

No, it is not possible for a Judge to force them to discontinue an action on that basis. There is no power.

Customer: replied 8 months ago.
The court hearing hasn't taken place it's forms I need to reply to claim forms n9?
Expert:  Jo C. replied 8 months ago.

Yes, on the face of it, it is an admission of the claim.

you are not raising a defence I'm afraid.

Customer: replied 8 months ago.
An admission form and a defence and arrangement proposals.
Expert:  Jo C. replied 8 months ago.

Yes, it is a standard form.

Jo C., Barrister
Category: Law
Satisfied Customers: 70014
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Ah I see. Should I fill forms to make the arrangement as I have other priority bills to pay and can only manage £40 a month.
Expert:  Jo C. replied 8 months ago.

Yes, admit the claim and then make an offer.

Probably what will happen is that they will grant a CCJ and then you will have to apply for a variation order but that will be allowed. It is in their interests.

The only other alternative is to make an offer and start paying now.

Customer: replied 8 months ago.
you have been a great help. Thank you
Expert:  Jo C. replied 8 months ago.

No problem.

All the best.

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