Cabot CCJ

Enlightenment

Hi All,

I’n after some legal advice.

Cabot bought a credit card debit and managed to get a default CCJ. They then passed this along to their solicitors, who threatened Attatchment of Earnings.

After myself ringing the solicitors and sending them an expenditure sheet, they then decided to request an adjourn on the AOE.

I also sent them a CCA request, which they say their client is under no obligation to provide and the time is up in a few days.

I can borrow the full amount to pay off this debt, but would rather they provided the CCA first as it is for a large amount.

Do they have to complie with the CCA request?

Thanks

sourcrates

Hi,

Short answer is no they don’t.

Once legal action has been taken, all your pre litigation rights are taken away, as a court has found you liable for the debt.

The time to ask is before judgement is granted.

Enlightenment

OK, thanks for your quick answer.

Just_Di

Enlightenment wrote: »

Cabot bought a credit card debit and managed to get a default CCJ. They then passed this along to their solicitors

How and why did Cabot get the Default Judgment?

Did you fail to comply with a court deadline such as filing the Acknowledge of Service within 19 days of the Issue Date, or filing your Defence late?

Or did you not receive the claim in the first place because it was served on an address where you weren't living at the time?

If there was anything wrong with the way Cabot obtained the CCJ then you may have the opportunity to apply to have it set aside.

Was the application for an Attachment of Earnings the first time you knew you had a CCJ.

A little more background would be helpful

Di

Enlightenment

Unfortunately I filed the paperwork to deal with later and due to working long hours found it again when it was too late.

I remember sending CCA requests years ago, but now do not have the proof due to moving.

My family member would prefer to see the CCA so that he knows all is OK as it is a large amount.

I also have a hearing next week with a District Judge and as I have never been to one before I am nervous of this. Can someone who has been to one please let me know what happens?

Thanks