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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4897
Experience:  Senior Associate Solicitor
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I had a debt with Cabot Financial, they instructed Restons

Customer Question

I had a debt with Cabot Financial, they instructed Restons Solicitors.
JA: Where are you? It matters because laws vary by location.
Customer: I submitted the court claimaint form, declaring I had no disposable income with evidence of unemployment. and bills and offered £1 a month. I received a CCJ order for payments for far more over 45 months. How is this possible? I thought the timescale for ccjs is 60 months. especially if you have evidence of no disposible income !. I live in Coventry
JA: What steps have you taken so far?
Customer: I appealed, and they have put a caution on my property, with the arrangement of £1 a month. But my question is how did they get the court order. I am going to request a copy of the paper work that they submitted to the court
JA: Anything else you want the lawyer to know before I connect you?
Customer: This happened January 2018
Submitted: 3 months ago.
Category: Law
Expert:  JimLawyer replied 3 months ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

There is no timescale to pay back a CCJ however it will be wiped from your credit record after 6 years. If the payments cover several months then that is still OK - it would be up to the claimant to apply to the court for a charging order on your property (if you own a property) if it will take several years to repay the CCJ. You asked about how they got the court order - I presume you mean the CCJ. They have issued a claim against you and this might have been at a former address (if you moved house and did not update them). If you feel they have obtained their CCJ in an underhand way then you can apply to the court to set aside the CCJ - but I would only recommend you do that if you dispute the debt. Otherwise the court is unlikely to agree to set it aside.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 2 months ago.

Good afternoon, if you can please click to accept the answer and give me a 5 star rating I would be grateful