Set Aside whilst living abroad?

[Deleted User]

You must have creditors otherwise there wouldn’t be a debt collection agency taking a CCJ against you.

Who was the original debt with before it was passed to Cabot?

Again it’s not a DCA’s job to chase you down to find you current address.

Ignore the advice to ignore it for another 5 years - you owe it so pay it.

debaur

I don't know who the debt is with or what it is for, that is what I am saying!

[Deleted User]

Have you checked your credit files? You should still see the original account on there from what the debt was for before it was sold on.

Just_Di

debaur wrote: »

I don't know who the debt is with or what it is for, that is what I am saying!

Cabot is a debt purchaser (not a Debt Collection Agency) so they will have been assigned the debt from the original creditor.

They will have instructed solicitors to issue the claim typically Mortimer Clarke (which they own), Restons or Shoosmiths.

Before making the Application to set-aside you may wish to approach the solicitors and invite them to consent to set-aside the Default Judgment (CCJ) to save court costs.

I would do some research before making your Application. Once you know who they say you owed you can assess whether you did actually owe it. Is there a possibility that the debt was Statute Barred before they issued the claim?

Is the Judgment Creditor (i.e the Claimant) Cabot Financial Ltd, Cabot Financial (UK) Ltd or Marlin/MFS etc? This matters because not all of those entities currently have FCA authorisation.

Di

Just_Di

!!! wrote: »

Have you checked your credit files? You should still see the original account on there from what the debt was for before it was sold on.

Although if the debt was defaulted more than six years ago the CRA file entry will have been removed.

However the CCJ will have been registered last year and will remain for six years.

Di

debaur

Thank you Just Di. I really appreciate your input.

Just_Di

debaur wrote: »

but there will be a charging order put on my UK house or some other such thing. Is that not so?

You can check to see if a charge has already been registered on that property using the official Land Registry website (there's a fee for the download) >

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do?_ga=2.205755547.947949875.1545574239-212186192.1545574239

Di

Just_Di

!!! wrote: »

Again it’s not a DCA’s job to chase you down to find you current address.

The court may take the view that the debt owner (Claimant) should carry out due diligence before issuing a claim. Such things as check the debtor's CRA file to see if they are on the Electoral Roll and/or have any other file entries at the address (bank account, credit card etc).

The OP can check their CRA file to see if Cabot made a search prior to the claim being issued. Searches remain on the file for two years.

The CRA file may also show if the old rented address (when the claim was served) is linked to a subsequent address.

If the OP can demonstrate with evidence that they were living elsewhere (abroad) then under CPR 13.2 a set aside is mandatory not discretionary >

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Di

Just_Di

debaur wrote: »

Thank you Just Di. I really appreciate your input.

You're welcome

My approach is a breach of the Consumer Credit Act is a legal argument not a moral argument.

Consumers have the right to defend a court claim.

If the claim was served on an address where you weren't living then you were denied that right, and a set-aside is simply asking the court to restore your opportunity to obtain justice.

I would also add that if a set aside can be agreed by consent, and if you feel you should settle the debt, then this can be done by consent with a Tomlin Order which is not a CCJ so no blemish on your CRA file and no enforcement (Charging Order) unless you breach the terms of the settlement.

Di

Just_Di

debaur wrote: »

I didn't have to 'update any creditors when I left' as I didn't have any.

This raises the question of whether the debt was actually yours and not a case of mistaken identity. Or perhaps an account which you believed to have been settled before you left the country?

Di