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n20998

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  1. I haven't got my documents sorted yet. But there's a twist. Got this email below... Thoughts?? This seems really good. I'm wondering if it's cheeky to ask for a bit longer to pay maybe so that the last payment is July 2017. Or should I just apologise and beg and borrow to be able to make up the missed payment? Thanks
  2. It says once all the documents have been sent a date and time for the hearing will be sent out. I still don't see how estoppel would work when I've failed to maintain the agreement and didn't ignore the directions questionnaire. Sorry for not understanding...head's a mess at the moment.
  3. Ah right...wow that sounds complicated. I need to submit everything by 1 March and I could possibly pay the missed payment and the next payment on 28 February. That would only leave one payment left at the end of March. Would the hearing be done by then? Would estoppel work...as per the post above they said I should ignore the directions questionnaire but I did not.
  4. Yes missed the payment due at the start of February. Do I need a witness statement? I have no idea what that is. I don't think I have anything to submit...emails saying we had an agreement even though I've broken it?
  5. No I made a mistake I filled in the directions questionnaire as I paniced when I received the letter from the court I thought I had to...otherwise I would get a judgement by default against me
  6. They never stopped it. I had to file a defence as discussed earlier in the thread and stated to the court that we had an arragement in place. I've been taking the max amount of days at each stage to try to delay so that hopefully the whole balance would have been pad off by the time of the hearing. Now I've messed up I don't know what to do.
  7. Hi, I'm looking for some help. Everything was fine but I missed the payment at the beginning of February. I can't explain why but I just don't have the money to pay it. The court action has been progressing even when the payments were being made. I've been sent a letter from the court saying that the case has been allocated to the small claim court. It is asking for witness statements, documents etc to be sent to the court by 1 March 2017. I guess this is to prove my defence (my defence was that I had an agreement set up so the hearing was unnecessary). It mentions a hearing will happen. What options do I have now? All I am looking to do is avoid the CCJ. I need to delay the proceedings as much as possible as in a couple of months (end April probably) I'll be able to pay off the remaining balance. Any help very very much appreciated. Thanks.
  8. Is it possible to edit out the exact figures from the original post? I don't seem to have the option
  9. Hi all Thanks for the responses Name of claimant: Cabot Financial (UK) Limited Date of issue: 24 June 2016 +33 days: 26 July 2016 What is the claim for – 1.The Claimant claim payment of the overdue balance due from the Defendent(s) under a contract between the Defendent(s) and Capital One dated on or about Jul xx 2014 and assigned to the claimant Particulars a/c no xxxxx DATE ITEM VALUE 03/12/2015 Default Balance 3xx.xx Post Refrl Cr Nil TOTAL 3xx.xx Claim is for a credit card. When did you enter into the original agreement before or after 2007? After. 2014. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so. Why did you cease payments? Never made a payment. What was the date of your last payment? N/A Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Communicated problems but didn't come to a debt management plan. Never made any sort of CCA request. My defence is below No change on my credit file. Checked moneyclaim and the latest document is my defence. I was offering payment to avoid the CCJ. What does it mean that the claim is stayed? What do they need to do to un-stay it? Or can they just start a new claim and add more charges? Thanks
  10. Hi, A Capital One debt from 2014. Claimant is Cabot with Restons acting (think that's right). Amount Claimed £XXX.XX Court Fee £XX.00 Solicitor Costs £XX.00 Issue date 24 June 2016 Defence date 25 July 2016 Think I got help with the defence on here or another site. Can't find the thread. Question is are they too late to do anything now? What happens with the claim? I've have correspondence with Restons where I've offered a settlement figure, they've accepted but I haven't paid (just don't have the money). They wanted payment by 9 December 2016. What happens now?
  11. this has progressed a bit, hoping to get some thoughts. They sent me a letter with a lot of information, wanting to go ahead with the Tomlin order and charge me £100. I spoke to someone from NW defence team and asked them to look again and email me with what they can do. I received this I've replied saying this is fine. Do you think I'm ok with this now?
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