Cabot Financial Chasing Debt

rizla_king

Art1972 wrote: »

Obviously me posting on another site to seek a bit more advice isn’t considered the thing to do I guess.

only to someone who was banned from it or left it on bad terms

sourcrates

Just_Di wrote: »

As I said I can’t continue to post on your thread to avoid conflicting opinions from non lawyers elsewhere.

Di

fatbelly wrote: »

Di - this is an internet forum! Please continue to post here as we appreciate your contributions. If others post things that you think are incorrect you can correct them or just ignore them.

Willing2Learn wrote: »

Hi,


I just wanted to say that your posts are valued. Please don't stop...

Just want to add my thoughts, up until now we have not had competent legal representation on this forum, so we have always aired on the side of caution, and guided posters to the Legal Beagles site, for anything of a legal nature, hard habit to break and all that.


I, for one, am glad you volunteer your time to this forum, and long may it continue.

sourcrates

Art1972 wrote: »

Obviously me posting on another site to seek a bit more advice isn’t considered the thing to do I guess.

She is a specialist in consumer debt Art.


This advice would cost you real money on the high street.

Just_Di

Art1972 wrote: »

I’ve had a reply from Cabot and they’ve told me there was a CCJ taken out back in 2010 and they’ve sent me a copy of the so called Claim Form.
I have 3 issues with this so called Claim Form and they are:-

1- If it is mine then they’ve sold my name wrong
2- The address doesn’t exist as the street name and town are in Northern Ireland and the post code is in Southampton. I’ve never lived in Northern Ireland
3- The Claim Form isn’t even signed

. . . . I think that this claim form is looking very dodgy.

If you never received the claim form (because of incorrect service by Motimer Clarke) then you may want to consider making an Application to have the Default Judgment (CCJ because you didn't respond to the claim since you didn't receive it) set-aside.

However all that Mortimer Clarke have produced so far is the "File Copy" of the claim form but not the actual Judgment Order. You need to contact NCCBC for a copy of the Judgment since this (if it exists) would have come from them. Default Judgments for failing to file an Acknowledgment of Service before the deadline are dealt with by MCOL - the case would not have been transferred to any local county court (unless the Judgment Creditor subsequently seeks to enforce it).

You need to make an Application for a set-aside promptly. This means as soon as possible after you discover the CCJ not when the CCJ was obtained which MC say (with no evidence) was in 2010. Don't be worried by the eight year time lapse - we (my firm) are currently dealing with a set-aside of a CCJ from 2006

So first things first, you need them to evidence a CCJ , and if they can't/don't produce it they need to tell you why not. There appears to have been a claim issued but that may have been Discontinued without any evidence to the contrary. They've had eight years to enforce the CCJ so why haven't they.

Personally I would send them a s77-79 CCA Request. They will tell you they don't have to comply now that a CCJ exists, but that has yet to be proved.

If they did issue a claim but simply left it stayed all these years they will have a statutory obligation to comply with your CCA Request. If it was stayed in 2010 (no CCJ) then they could try to get a Judgment now which would frustrate your CCA Request. There may well have been a CCJ but I tend to work with facts and evidence not what the oppositon tells me without any evidence to back it up.

You may also need to send a Subject Access Request to the original creditor to see what went on at the time of the repossession etc.

Di

Art1972

Just_Di wrote: »

If you never received the claim form (because of incorrect service by Motimer Clarke) then you may want to consider making an Application to have the Default Judgment (CCJ because you didn't respond to the claim since you didn't receive it) set-aside.

However all that Mortimer Clarke have produced so far is the "File Copy" of the claim form but not the actual Judgment Order. You need to contact NCCBC for a copy of the Judgment since this (if it exists) would have come from them. Default Judgments for failing to file an Acknowledgment of Service before the deadline are dealt with by MCOL - the case would not have been transferred to any local county court (unless the Judgment Creditor subsequently seeks to enforce it).

You need to make an Application for a set-aside promptly. This means as soon as possible after you discover the CCJ not when the CCJ was obtained which MC say (with no evidence) was in 2010. Don't be worried by the eight year time lapse - we (my firm) are currently dealing with a set-aside of a CCJ from 2006

So first things first, you need them to evidence a CCJ , and if they can't/don't produce it they need to tell you why not. There appears to have been a claim issued but that may have been Discontinued without any evidence to the contrary. They've had eight years to enforce the CCJ so why haven't they.

Personally I would send them a s77-79 CCA Request. They will tell you they don't have to comply now that a CCJ exists, but that has yet to be proved.

If they did issue a claim but simply left it stayed all these years they will have a statutory obligation to comply with your CCA Request. If it was stayed in 2010 (no CCJ) then they could try to get a Judgment now which would frustrate your CCA Request. There may well have been a CCJ but I tend to work with facts and evidence not what the oppositon tells me without any evidence to back it up.

You may also need to send a Subject Access Request to the original creditor to see what went on at the time of the repossession etc.

Di

Thank you for your reply Di. So the first thing is to contact Northampton County Court for a copy of the judgement? I think need this simplified a bit. Sorry. If I’ve got no CCJ for this on my credit file at all and haven’t had one then how does this get set aside? Also who do I send the s77-79 CCA and where do I get one of those and who do I send it to?

Sorry for all the questions but to be honest I have no clue on how to go about all this.

fatbelly

They've only sent you a copy of a claim form. That doesn't necessarily mean anything. So far there's no proof a judgement was ever issued. But the reference number would have stayed the same. So you contact Northampton Court (email is best) if that was the alleged issuing court and ask them for a copy of the judgement.

You will then know if it exists. Post again with what you find. At the moment we don't know for certain that there is anything to set aside.

A s77-79 request is a formal request for a copy of the original consumer credit act agreement. As long as it was a CCA-regulated debt (and this sounds like hire purchase for under 25k, so it would be) they must comply or the debt becomes unenforceable until they do. As Cabot allege they own this debt, send to them.

Template here. Send £1. Don't worry if they say they don't have to comply now that a CCJ exists (as Di says)

The SAR goes to the original finance provider - you OK with that?

Art1972

fatbelly wrote: »

They've only sent you a copy of a claim form. That doesn't necessarily mean anything. So far there's no proof a judgement was ever issued. But the reference number would have stayed the same. So you contact Northampton Court (email is best) if that was the alleged issuing court and ask them for a copy of the judgement.

You will then know if it exists. Post again with what you find. At the moment we don't know for certain that there is anything to set aside.

A s77-79 request is a formal request for a copy of the original consumer credit act agreement. As long as it was a CCA-regulated debt (and this sounds like hire purchase for under 25k, so it would be) they must comply or the debt becomes unenforceable until they do. As Cabot allege they own this debt, send to them.

Template here. Send £1. Don't worry if they say they don't have to comply now that a CCJ exists (as Di says)

The SAR goes to the original finance provider - you OK with that?

That’s brilliant. Thank you for explaining and I’ll start sorting this out tomorrow.

I will keep you posted on how I get on.

Many thanks

Just_Di

Art1972 wrote: »

Thank you for your reply Di.

If I’ve got no CCJ for this on my credit file at all and haven’t had one then how does this get set aside?

Exactly

My point was until you have evidence of a CCJ you can't be expected to pay Mortimer Clarke any money.

If they produce the evidence (or you discover it for yourself) then you may wish to consider making an Application to have it set aside due to incorrect service. You would file a Witness Statement detailing why they would or should have had the correct address with evidence (Exhibits) proving you were living elsewhere at the time etc.

If the claim form was served on the wrong address, the occupant may have sent it back "Return to Sender - Not Known" (or similar). When that happens NCCBC would return it to the Claimant. This scenario happened in another case and a SAR to Mortimer Clarke revealed the truth of the situation. I'm not saying that's what happened in your case but you need to have an open mind until you have the facts.

At the same time as you file your set-aside Application (if it becomes necessary) you would prepare a Draft Defence which tells the court that you would have reasonable prospects of success if you were to be given the opportunity.

As I said earlier the name of the Claimant on the claim form is not Cabot. Only the Judgment Creditor (the Claimant) can enforce the CCJ unless or until they are substituted formally.

The Claimant named on your 'File Copy' claim form does not currently have FCA authorisation. It ended in 2015.

Post again when you've made contact with NCCBC. They may tell you that they don't hold records that far back so then it will be up to Mortimer Clarke to provide you with the Judgment which they should have done when they started to pursue you for this. Have you already written to ask them to produce it?

Di

Just_Di

Art1972 wrote: »

I noticed that as well so I don’t know what the hell is going on to be honest Di. I’m losing sleep over this as these guys are relentless.

No need to lose sleep over this. You're at the research stage that's all.

I've now read back through your thread

Are you currently being chased by Cabot not Mortimer Clarke Solicitors who were named as the instructing solicitors on the original claim form (which I briefly saw)?

I also see you made a formal complaint to Cabot which has possibly received a Final Response advising you to escalate this issue to the FOS.

Did Cabot produce any documents in response to your complaint?

Di