case has been transferred

debaur

Hi Yes sorry I understand that. However I was hoping to get a response so I could act quickly in the circumstance, hence the separate post. I do hope you understand, you have been so helpful.

sourcrates

debaur wrote: »

Hi Yes sorry I understand that. However I was hoping to get a response so I could act quickly in the circumstance, hence the separate post. I do hope you understand, you have been so helpful.

You won’t get better advice than from Di, she is a solicitor specialising in debt issues, I suggest you take note of what she says.

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.

debaur wrote: »

Dear Di, thank you so much for your help. I am in your debt (if that is perhaps a good way of putting it). I have written answers in pink for your consideration please. I have also tried to address any points from previous threads. BIg thanks again:

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.

Yes

You say you live in Portugal but are you employed by a company or business based in the Uk?

No

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.


I did check thank you. There isn't at the moment.

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.

I can do this, I have filled in a form on Cabot's website with the Case number and that I live in Portugal and my email address. Perhaps if they respond I can find out who the solicitors are! .

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

I still don't know who this is - I have checked my credit files on checkmyfile and Equifax but have nothing except 'Cabot Credit Management'

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.

I have asked them to do this. They have told me:
'Please note your case has been transferred to the County Court at WESTON-SUPER-MARE. As we no longer hold this case at the County Court Business Centre, I am unable to take any action or provide any updates in relation to this claim and you will need to forward your email to the relevant Court to be processed'.


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 have asked CCBC who the Claimant is but received no response.. Will I now deal solely with the County Court at WESTON-SUPER-MARE ? I have emailed them as well to ask for the Case Details.

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.

The amount is £8,000

Sorry I am not trying to be evasive,
I am panicking and was trying to find out the information. I suffer from PTSD and any stress triggers this. Anyway. The debt would not be statute barred and it is shown as a credit card debt on my credit file.

From another post from you DI: 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).

There are no searches by Cabot from December 2016 until November 2018 which is at my new UK address, the house which I own.

Thank you so much for your help DI.

You've updated one of your other threads so I've re-quoted that post on here to help keep things in one place for the sake of continuity. You answers in pink are most helpful

First of all I can see the good news is that so far Cabot have not got an Interim Charging Order on your property according to your Land Registry search.

I can also see that you do not have an employer in the UK so an Attachment of Earnings is not an enforcement option for them.

From what you say Cabot didn't search your CRA file prior to issuing/serving the claim but did search it afterwards when they decided to enforce the CCJ. If they were capable of searching it in advance then why didn't they? That's a rhetorical question

I have a hunch who the solicitors might be, but I'll wait to see what transpires. I'll also be intrigued to see who is named as the Claimant.

Di