Global Substitution Order

MrW99

Hi,

I have a CCJ on a debt which received judgement in 2012. I have received a letter this morning with a photocopied Order from the High Court titled Global Substitution Order. It's substituting the original lender for Cabot. I've been paying the ordered amount and haven't missed any payments.

As far as I can tell, this is just an order making the change of creditor official. But, I can find nothing via Google about GSO's.

All I can find online refers to mortgages. We rent, so I can't see that this applies.

Anyone know what this is, and should I worry?

Thanks

MrW99

AMBERSHADOW

Hello
I wonder if someone could advise me please.


This is a very old debt but a judgement was taken out back in 2006.. I didn't acknowledge the judgement or repay a penny since the order was made.
Yes I know its bad and I should've done but at the time I didn't have any funds to do so , so just ignored the fact.


Now this debt has been sold on so I think to Cabot who are now harassing me for payments, so far I haven't acknowledged them either but the keep trying.


Today I got as the above tittle in the post along with a letter stating they have included a copy of the sealed substituting order in place for them to collect, And threatening to do attachment of earnings.


I don't work My husband keeps me and supplies me with everything I need..
So what do I need to do please?


Thank you in advance and I am hoping this is the correct place to post

AMBERSHADOW

MrW99 wrote: »

Hi,

I have a CCJ on a debt which received judgement in 2012. I have received a letter this morning with a photocopied Order from the High Court titled Global Substitution Order. It's substituting the original lender for Cabot. I've been paying the ordered amount and haven't missed any payments.

As far as I can tell, this is just an order making the change of creditor official. But, I can find nothing via Google about GSO's.

All I can find online refers to mortgages. We rent, so I can't see that this applies.

Anyone know what this is, and should I worry?

Thanks

MrW99

Funny I got the same only this morning too.. My debt goes back to 2006..

sourcrates

Nothing about it on National Debtline website, and a quick search brings up, yep, mortgages.

Stay tuned, hopefully Dennis or someone from ND will pick this up on Monday.

As your both asking the same question, i have merged your threads.

AMBERSHADOW

sourcrates wrote: »

Nothing about it on National Debtline website, and a quick search brings up, yep, mortgages.

Stay tuned, hopefully Dennis or someone from ND will pick this up on Monday.

As your both asking the same question, i have merged your threads.

Thanks so much

fruitbat1958

One of these Global substitution orders arrive on Saturday. Today I have had a rather interesting day so far. I noticed on the bottom of the order that it gave me 7 days from receipt to raise an objection to it in the county court. I rang Mortimer Clarke and asked them for the name and address of the county court that it was filed, they didnt know, also didnt know what a GSO was and after much pushing for the information she came back to me and reassured me I had nothing to worry about the phone went dead. I rang back and spoke to someone else who also didn't know what one was but told me ring my local county court who also didnt know what one was and told me to ring Salford County court which I did and they also did not know what a GsO was and told me to ring Northampton which was where the CCJ was made against me 7 years ago and guess what They don't know what a GSO is either and they told me that the debt is still registering the CCJ as HSBC, they will only deal with HSBC and not Cabot. In total frustration I rang the High Court in which the order was made and guess what they had not heard of a GSO and told me to seek legal advice, I rang Mortimer Clarke back and they still could not tellme the County Court thta the file was held and I told them they were acting dishonarably by not disclosing this information to me. Eventually she said the object of the excercise was to gain for themselves the CCJ made in favour of HSBC and told me to get in touch with Northampton Court. I said they had a legal obligation to furnish me with full instructions on how to object or set aside this order and to show me the court file and witness statements and confirm it is with Northampton I have now contacted Northampton again and they have put my objections on file and I do not consent to these proceedings until I have full disclosure of what this procedure is. I am puzzled the courts are puzzled even the people instigating it are

MrW99

Hard to imagine a debt collector operating outside of their legal obligations.

Mine is also an HSBC debt, bought by Cabot late last year.

I would like to know how can a legal instrument exist, that nobody knows anything about, and no reference can be found on any government legislation websites?

National_Debtline

Hi MrW99


A Global Substitution Order (GSO) is not something that has commonly come up, and in the past it has generally been used for mortgage debts.


A debt collection agency (DCA) may buy a portfolio of debts from a certain company. Where court action has already started, a GSO allows them to change the claimant name on all the CCJs in one go, rather than having to apply individually on each debt. This helps keep costs down.


From your point of view the most important thing is to make sure you are making payments to the new company who now owns the debt. Missing payments on a CCJ can result in enforcement action.


AMBERSHADE you mention the threat of an attachment of earnings order, this is possible if the CCJ is not being paid. However as the CCJ is over 6 years old they will need the court's permission to take this type of action. As you are not working they won't be able to take a deduction from your wage anyway, but they might try and use bailiffs.


You could either wait and see if they are granted that permission, or you could apply to set up a payment plan. You mention your partner keeps you so I assume you have no income, but bear in mind if you claim any benefits as a couple this will be classed as your income as well. The minimum offer you can usually make is £1 per month if that's all you can afford. You can find out more on how to do this here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx


fruitbat1958 we would advise you to seek legal advise if you plan to challenge the GSO as it's unclear what grounds you may have to do this, and you could incur costs if you are not successful.


I hope this helps.


Susie
@natdebtline

fruitbat1958

Susie@natdebtline I think you have missed the point I was trying to make. Firstly my payments to Cabot will continue.The point is that the order states that if I wish to object I had 7 days to do so the the relevant County court. It also stated that Ken Stanard Chief executive of Cabot had made a witness statement as I was not invited to this hearing as the court made the order without a hearing all I requested was to see a copy of my file and the statement made by Chief Executive of Cabot. I find it very worrying that the order tells me I can object but when asking Mortimer Clarkes Solicitors the name of the relevant court they could not name it but give me the runaround and then when telephoning all the courts including the High Court Chancery that nobody had ever heard of a GSO now that is rather worrying. Now when I spoke to Northampton where the original CCJ was ordered it is still under the name of HSBC and that Northhampton would only deal with HSBC and that Cabot could not use the claim number because that is between HSBC and myself. Now what this tells me is that they are either not working within the law or there is some really bad information out there. As for HSBC I wouldn't trust them as far as I could kick them and all I am doing is trying to keep my file on this debt up to date which I think is wise. These debts are being bought and sold for pennies in the pound without consent from those of us that have these debts and really it is about time that the debt charities raised this issue and they should also be asking the question why Cabot can use this GSO on an unsecured debt when the only piece of information out there is that it is something that is used for a mortgage which is a secured loan. But then again these debt collection companies can do anything they want and get away with it!

elfet

I have also got one of these Global Substitution Orders after HSBC sold debt which was for disputed overdraft with First Direct I want to know does this trump ( bad use of term!!) O.C. CCJ and charging order. Will the original court inform me? Will paperwork be changed Crapbot have now threatened to go back to court to get an attachment of earnings, this is a joint CCJ I am retired, my wife is still working. It seems that HSBC have sold all their consumer debt and Crapbot have a tame judge who has applied this order to debt how legal is all this activity?Advise please.

elfet

Been looking on websites this is an extract from mortgageicon Finance Gazette (incidentally a GSO costs a one off fee of £45!!) GSO

Applications proceed on very similar lines to individual substitution applications. They can be made without notice and must satisfy the usual requirements of Part 19 of the Civil Procedure Rules regarding the substitution of parties in existing proceedings. Evidence of the transfer must be shown, together with evidence that affected borrowers have been given notice of the transfer.
The draft order should contain a schedule providing details of each claim, including the claim number, the county courticon where the claim is proceeding and the name of the defendant(s).