case has been transferred

debaur

It appears my CCJ case has been transferred from the CCBC to the County Court at WESTON-SUPER-MARE.
Does this imply anything please? (The case has already been to court)
Thanks!

sourcrates

Is that your local court ?

Usually if a hearing is required, the case gets transferred to your local county court.

Just_Di

debaur wrote: »

It appears my CCJ case has been transferred from the CCBC to the County Court at WESTON-SUPER-MARE.
Does this imply anything please? (The case has already been to court)

This may mean the Judgment Creditor (Claimant) is seeking to enforce the Default Judgment (CCJ).

If you’re thinking you should make an Application for a set-aside of the CCJ then you may need to progress that plan.

In your Application you might ask the court to suspend or stay any enforcement pending the outcome of your Application.

If there’s an Interim Charging Order on your property then the Judgment Creditor may have made an Application for a Final Charging Order which you may wish to contest, in which case there should be a Hearing. If you don’t contest any Application for Final Charging Order then it could be granted without a Hearing.

A Charging Order is only applicable for CCJs over £1k so how much is this debt?

Call NCCBC to ask why the case has been transferred.

(I’m assuming this thread relates to your other thread?).

Di

debaur

Hello, no it isn't. The original case was heard at the CCBC and a default judgment was entered last year which I just discovered. Now I am applying to have it set aside, but have been told it has been relocated to Weston Super Mare county court. It is from a debt agency called Cabot and I am worried somehow they are applying for a charging order against my house, but that they have sent the court papers again to the old address which I did not live at the time of the original judgement....

Just_Di

debaur wrote: »

no it isn't. The original case was heard at the CCBC and a default judgment was entered last year which I just discovered. Now I am applying to have it set aside, but have been told it has been relocated to Weston Super Mare county court. It is from a debt agency called Cabot and I am worried somehow they are applying for a charging order against my house, but that they have sent the court papers again to the old address which I did not live at the time of the original judgement....

Our posts have crossed

See post #3

Di

Just_Di

debaur wrote: »

It is from a debt agency called Cabot and I am worried somehow they are applying for a charging order against my house, but that they have sent the court papers again to the old address which I did not live at the time of the original judgement....

Cabot is a debt purchaser not a debt collection agency. Cabot will have been assigned this debt by the original creditor. On your other thread you say you don’t know who that original creditor was/is.

How did you learn the case has been transferred?

Di

debaur

Thanks Di, I wrote to the court to ask if I could use my Portuguese address on the set aside form.

debaur

This is what I have received from CCBC just now:
Further to your email below. Upon reviewing the above claim number I can confirm that the case was originally transferred to Salford who deal with the Attachment of Earnings request, this was then transferred to Bournemouth and Poole being your local Court as you did not respond to form N56 within time, this has now been transferred to Weston-Super-Mare as they deal with the next part of the process with regard to form N61.

what should I do now?

debaur

Hi all, what happens if there is an N61 served to an old address, but I don't live in the country anymore.

Thanks.

Just_Di

debaur wrote: »

This is what I have received from CCBC just now:
Further to your email below. Upon reviewing the above claim number I can confirm that the case was originally transferred to Salford who deal with the Attachment of Earnings request, this was then transferred to Bournemouth and Poole being your local Court as you did not respond to form N56 within time, this has now been transferred to Weston-Super-Mare as they deal with the next part of the process with regard to form N61.

Please help what should I do now?

From what you say Cabot made an Application for an Attachment of Earnings. Since you didn’t respond to the Application the court appears to have made an Order requiring you to file certain information within a limited amount of time. Since you didn’t comply with that Order the court appears to have instructed bailiffs to personally serve you with a N61.

You say you live in Portugal but are you employed by a company or business based in the Uk? If not then an Attachment of Earnings Order cannot be made since there is no employer to attach it to.

However you need to deal with this legal issue as a matter of urgency before things escalate.

I recall suggesting (on another thread) that you check Land Registry to establish whether there was/is already an Interim Charging Order on the property which could lead to a Final Charging Order.

What you want to avoid is the risk of an Application for an Order for Sale if the property is in your sole name and you aren’t an occupier. OfS can be rare but you need to take advice based on your specific set of circumstances.

Cabot will have instructed solicitors to deal with this case typically Mortimer Clarke (which they own) , Restons or Shoosmiths. You may need to approach them direct.

You need to know who was the original creditor in order to consider your legal position otherwise how can you prepare a Defence?

NCCBC can email you the Case Details which will include the Particulars of Claim which will establish what the Claimant was/is claiming and why they think they have the right to claim it.

Is the Claimant named as Cabot Financial Ltd. or Cabot Financial (UK) Ltd or Marlin/MFS etc? It matters because there could be legal issues with lack of FCA authorisation.

I’ve asked you how much is the CCJ but you have declined to answer. I’ve asked quite a lot of questions on your other threads which also remain unanswered. There’s only so much help I can give without knowing the full facts.

Di

Just_Di

debaur wrote: »

Hi all, what happens if there is an N61 served to an old address, but I don't live in the country anymore..

This is the fourth thread you have started on this ongoing legal/court case.

It’s not possible to give reliable advice without all of the facts being present at the same time. That way help can be given in context - this reduces the risk of you receiving advice which could damage your case.

Maybe your threads should be merged if that’s possible?

Di