CCJ - Cabot Financial/Restons Solicitors

[Carley]

Hi

This morning in the post I received a court judgement dated 27th January 2017 for the sum of £336.63 plus £107.00 costs (£443.63). The claimant is Cabot Financial (UK) Ltd with the payment address being Restons Solicitors. I have checked back and believe this to be an old debt from Capital One. I had advice from here way back and sent a CCA request to Cabot on 15th December 2015 and a Letter Before Action to Restons on the same date.

I did not hear back from either until I received the Judgement for Claimant letter this morning along with a letter from Restons also dated 27th January 2017 stating that I have to pay £50 a month or give details of income and expenditure within a certain time frame. (The letters will have been delayed as I moved in April 2016 and have a Post Office redirection service from my old address).

I am upset as I have managed to get to 50 years old without ever having a court judgement and it's such a stupid amount, plus I did not receive notice this was going to court and they didn't respond to my earlier communications.

Anyway, I noticed on the judgement letter that it says..."If you pay in full within one month, you can ask the court to cancel the entry on the register. You will also need to give the court proof of payment. There is no fee to do this. If you also want a certificate of cancellation from the court, a fee is payable". Does this mean If I pay by 27th February and send proof to the court of payment within that timescale that I would no longer have a CCJ on my credit files or anywhere else on any records?

Carley

[JLC]

Re: CCJ - Cabot Financial/Restons Solicitors

I'd wait for someone to advise you, but wanted to wish you good luck. If they didn't inform you of the court action, then I'm sure something can be done.

[Carley]

Re: CCJ - Cabot Financial/Restons Solicitors

I'd wait for someone to advise you, but wanted to wish you good luck. If they didn't inform you of the court action, then I'm sure something can be done.

They didn't notify me, today are the first letters I have received in over a year but I'd rather pay it than have my credit files screwed for the next nine years or whatever it is as I have been trying to build up my credit file the past year. I budget for everything monthly, pay all my bills on time and use a credit card monthly and pay the balance off in full each month. Now all that is wasted

[JLC]

Re: CCJ - Cabot Financial/Restons Solicitors

Not necessarily. If you can, wait for someone to advise you. They have a good legal team here tha will help. Do you have a link to your original post, or can you find it and link it in here? It will help with what can be done.

[JLC]

Re: CCJ - Cabot Financial/Restons Solicitors

I've found the link to your original thread.

http://forums.all-about-debt.co.uk/s...034#post542034

[Carley]

Re: CCJ - Cabot Financial/Restons Solicitors

I've found the link to your original thread.

http://forums.all-about-debt.co.uk/s...034#post542034

Thanks for your help. I checked today and the copy letters on my laptop are dated 15th December 2015. However I don't know where the folder is where I kept the actual correspondence and proof of postage. I believe it is still packed away from when I moved last April, however I have numerous unpacked boxes in an outside storage shed as the house I moved in to needed a fair bit of work and redecorating. Due to ongoing health and mobility issues following serious illness last December, I am in no fit state to go outside let alone unpack anything so at this moment in time I can't prove I sent the letters.

[Pixie]

Re: CCJ - Cabot Financial/Restons Solicitors

Hi

This morning in the post I received a court judgement dated 27th January 2017 for the sum of £336.63 plus £107.00 costs (£443.63). The claimant is Cabot Financial (UK) Ltd with the payment address being Restons Solicitors. I have checked back and believe this to be an old debt from Capital One. I had advice from here way back and sent a CCA request to Cabot on 15th December 2015 and a Letter Before Action to Restons on the same date.

I did not hear back from either until I received the Judgement for Claimant letter this morning along with a letter from Restons also dated 27th January 2017 stating that I have to pay £50 a month or give details of income and expenditure within a certain time frame. (The letters will have been delayed as I moved in April 2016 and have a Post Office redirection service from my old address).

I am upset as I have managed to get to 50 years old without ever having a court judgement and it's such a stupid amount, plus I did not receive notice this was going to court and they didn't respond to my earlier communications.

Anyway, I noticed on the judgement letter that it says..."If you pay in full within one month, you can ask the court to cancel the entry on the register. You will also need to give the court proof of payment. There is no fee to do this. If you also want a certificate of cancellation from the court, a fee is payable". Does this mean If I pay by 27th February and send proof to the court of payment within that timescale that I would no longer have a CCJ on my credit files or anywhere else on any records?

Carley

It's strange that you didn't get an N1 form or any letters prior to that. After all, your mail was being re-directed and the judgement has found its way to your new address.

Don't do anything for now, I'll message Niddy to have a look.

Yes, it's true that if you pay within 28 days it's as if the CCJ hadn't happened.

[nanna58]

Re: CCJ - Cabot Financial/Restons Solicitors

Good luck with the younare in safe hands x

[Carley]

Re: CCJ - Cabot Financial/Restons Solicitors

It's strange that you didn't get an N1 form or any letters prior to that. After all, your mail was being re-directed and the judgement has found its way to your new address.

Don't do anything for now, I'll message Niddy to have a look.

Yes, it's true that if you pay within 28 days it's as if the CCJ hadn't happened.

In all honesty this is the first I knew of it. I dont believe they have sent any other letters following my letters to them in December 2015.

As for the N1 form which I have just googled, no I didn't receive that either. If I had then I would have come here for advice as I have done in the past and as I am doing now.

[julian]

Re: CCJ - Cabot Financial/Restons Solicitors

Just checking. Was there one letter or two? Was the Judgement from the court/ HMCS or passed on (or created by) Restons?

Restons tell porkies and act dirty. You first need to check with the court that purportedly awarded the judgement that there has been a judgement.

[Never-In-Doubt]

Re: CCJ - Cabot Financial/Restons Solicitors

Based on the amount involved - it could cost as much to try and fight this. It might be an idea making an offer to settle with a formal complaint - but maybe offer just under original debt minus fees. Pay within 28 days and it'll disappear but would I fight it - personally no. It really isn't worth it.

Sadly you cant really not pay it, if you want to retain your credit file status. You pay it THEN argue as worse case, but best case is spend over £100 to apply to set-aside then it goes back to as if a claim was just issued. It's only £300 ish.

[Pixie]

Re: CCJ - Cabot Financial/Restons Solicitors

Thanks Niddy

I've never had any dealings with Restons but yes, they are known for playing dirty so thanks for the reminder julian. Before paying out any money it would be worth checking to see if there has actually been a CCJ awarded against you. Is the Judgement for Claimant letter from Northampton?

[Carley]

Re: CCJ - Cabot Financial/Restons Solicitors

Hi

Thanks so much to everyone who replied and I apologise for the delay in coming back to you but I received some devastating family news last Thursday that I am trying to come to terms with.

in view of this and the relatively small amount involved, I have today paid the total amount (£443.63) to Restons.

I have paid on the 28th day (judgement on 27th January) so I hope I am not too late to be able to get this removed from my credit file.

Thanks again.