Cabot Financial Chasing Debt

13

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  • Just_Di
    Just_Di Posts: 385
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    Art1972 wrote: »
    I noticed that as well so I don’t know what the hell is going on to be honest Di.

    I'll take a look back through your thread tomorrow, but the legal starting point (in the eyes of the court) is does the Claimant have the legal right to make the claim i.e. do they actually own the debt regardless of whether you owed the original creditor.

    This means they (the Claimant) has to prove that they have 'title' to the debt.

    So if the assignment was flawed (which requires them to disclose the Deed of Assignment etc) then that could scupper their claim. And that could also scupper any enforcement of a CCJ.

    The Claimant also has to be authorised by the FCA to pursue debts which is what made me take notice of the claim form you posted on your thread (which vanished after I saw it).

    Di
  • fermi
    fermi Posts: 40,546
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    Just_Di wrote: »
    Or I could help your member since that's what I do all day every day?

    Just cross posting. :p

    They could do both to get a range of opinion, which often helps.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Just_Di
    Just_Di Posts: 385
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    fermi wrote: »
    They could do both to get a range of opinion, which often helps.

    I'm all for a range of opinion on the internet for all sorts of issues, but in my view someone with a £17k CCJ (possible default judgement needing a set aside application based on what the OP has posted so far) may need legal advice from a qualified lawyer because of the potential seriousness of the situation if Mortimer Clarke seek enforcement of the CCJ.

    Formal legal advice can be obtained free.

    Di
  • Just_Di
    Just_Di Posts: 385
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    Art1972 wrote: »
    I noticed that as well so I don’t know what the hell is going on to be honest Di.

    I can only reiterate that the Claimant on the claim form (which I saw briefly) is not Cabot.

    Do you own your home and if so have/did you receive any Interim Charging Order at the time of the CCJ and/or is there a Final Charging Order or Restriction (if property owned in joint names) on your property registered at Land registry?

    CCJs over £1k had the automatic right to a CO since 2012 but this CCJ (if it exists) was prior to that date.

    Or do you rent?

    Di
  • Basically I had a loan out on a car back in 2001 and in 2002 I couldn’t keep up with the payments so they repossessed my car and I continued to make payments of some kind up until 2005. After making these payments and the car beng repossessed I thought all this was done and dusted. Then in 2007 Cabot bight the debt.

    I have no default on my credit file as it’s clean and I don’t recall there ever being a CCJ on there plus I rent and do not own my own house.
  • Just_Di
    Just_Di Posts: 385
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    Art1972 wrote: »
    Basically I had a loan out on a car back in 2001 and in 2002 I couldn’t keep up with the payments so they repossessed my car and I continued to make payments of some kind up until 2005. After making these payments and the car beng repossessed I thought all this was done and dusted. Then in 2007 Cabot bight the debt. .

    I can see that you’ve now sought informal advice from another internet forum so I’ll wish you good luck with this issue.

    However I would strongly advise you to seek free legal advice from a qualified lawyer due to the value of this county court judgment ((£17k).

    Di
  • Just_Di
    Just_Di Posts: 385
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    edited 14 December 2018 at 11:58PM
    Art1972 wrote: »
    Then in 2007 Cabot bight the debt..

    Did they?

    Because according to the claim form (which you posted earlier) the debt may have been assigned to a different legal entity.

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

    Di
  • fatbelly
    fatbelly Posts: 20,380
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    Just_Di wrote: »
    .

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

    Di

    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.
  • Just_Di wrote: »
    As I said I can’t continue to post on your thread to avoid conflicting opinions from non lawyers elsewhere.
    Hi,


    I just wanted to say that your posts are valued. Please don't stop... :)
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Art1972
    Art1972 Posts: 17 Forumite
    Obviously me posting on another site to seek a bit more advice isn’t considered the thing to do I guess.
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