help Cabot and CCJ

[jaxy77]

Can anyone help us with this we have received a Judgment for claiment from Northhampton CC ( which we have found out due to asking the court for the case details that it is for a credit card we had around 1999 with RBS , due to finacial difficulties we could not pay this and informed RBS of our situation, and we never heard from them again re this ), we have moved house since then in 2007 and then the first we heard about this was this judgement for claiment from the court dated 11/03/09..... 10 years after we defaulted on the card?
the Judgement is stating that we owe Cabot £4,322.56 and we must pay them forthwith,
My Husband has contacted the court and they have sent us a copy of the Case details , which states that this is the credit card and also gives the card account number - I am sure the credit limit was only £2,000 so I dont know were the 4K plus comes from.
The court have sent us a N245 form as we wish to contest this judgement our we handling this correctly and can cabot or any other debt agency chase debt that are over 6 years old?
Is the N245 form the correct one we need as this is asking our finacial details and offer of payment .
What advise can you give us ?
Can we use the case about unfair credit card agreements to get this debt wiped off?

[Amethyst]

Re: help Cabot and CCJ

Well if you had no contact with them since you defaulted and that was over 6 years ago then the debt is statute barred.

N245 is Application for suspension of a warrant and / or variation of an instalment order.

You actually need form N244 and ask for the judgment to be set aside because you had no knowledge of it and you have a reasonable chance of successfully defending the debt as statute barred.

http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf is the form

You probably will want to ask Cabot for further information on the debt, including the original credit agreement. I think you do this under CPR 31 (disclosure and inspection of documents) or Part 18 (request for information). probably alongside this a CCA request ( Legal Beagles )

Someone else will be along with more help i am sure....but from what you have said thus far, you have a good chance of having this judgment setaside and the debt wiped as statute barred.

[jaxy77]

Re: help Cabot and CCJ

Thanks ,we phoned the court and explained all this, but they sent us the N245, I thought this was not the correct form, Thanks for this info we shall phone the court on Monday and request the correct form and also write to Cabot and CCA request them, do I just quote the CPR 31 or part 18 in my letter or are these other documents I need ....not clued up yet on this legal jargon
------------------------------- merged -------------------------------
Thanks again Amethyst, Just realised you have given us the link for the form, saving us time and money thank you x

[LuggerBugs]

Re: help Cabot and CCJ

It seems rather strange that Cabot have mysteriously managed to get this through court using your old address, but you appear to have got notification from the court about the judgement at your new address.

Have I got that right? If so, it seems to me like yet more Cabot trickery.

[jaxy77]

Re: help Cabot and CCJ

We have sent the forms into court over 2 weeks ago 21/3 with the £35 fee
we received a nasty letter from cabot yesterday demanding we pay them the £4,322.56 in the next 14 days.
We phoned the court to enquire what was happening re the N244 and was informed that we have been given the wrong info and that the cost for a N244 IS NOW £75.00 so they say have returned our forms and a refund cheque for the £35 ? They have advised us to resend new forms with the correct payment , we have not had the correspondence from the court re this or the refund- and only we had this threatening letter from Cabot we would still have been waiting to hear from the court.
We are resubmitting new forms -should we advise Cabot of this as the letter is threatening us with full payment plus added interest and costs
A warrent of execution
A charging order
An attachment of earnings order
order to obtain information

I phoned the number they gave on the letter and it was Morgans solicitors I did not manage to speak to anyone as I was in a calling Q and got feed up waiting .
Any advise on what I should do next or not do?????

[Amy]

Re: help Cabot and CCJ

We are resubmitting new forms -should we advise Cabot of this as the letter is threatening us with full payment plus added interest and costs
A warrent of execution
A charging order
An attachment of earnings order
order to obtain information

I phoned the number they gave on the letter and it was Morgans solicitors I did not manage to speak to anyone as I was in a calling Q and got feed up waiting.
Any advise on what I should do next or not do?????

If this debt is statute barred then Cabot can threaten all they like, but it will not matter as there will be nothing they can do about it.

I would not advise that you telephone them or their solicitor again. Submit the correct paperwork to the court and then chase up your missing first cheque.

[jaxy77]

Re: help Cabot and CCJ

Have had notification from NCC that it has been moved to a local court for enforcement , we have now had a letter from this court with a date for a hearing on the 14/5 it to be set aside - re stat barred. do you think Cabot will appear in court on the day ?

[Curlyben]

Re: help Cabot and CCJ

Honestly it's unlikely they will turn up, BUT you must make sure all of your paperwork is in order to prove to the judge that this debt is indeed statute barred and that the original action should never of been brought.

Alos STOP calling them at all.
If they call you simply state you are recording the call and that you require ALL further communications to be in writing for the avoidance of doubt.

[Guest]

Re: help Cabot and CCJ

I should not think so for a moment. In particular since the OFT took action against Mackenzie Hall Ltd for this very thing. See here - MACKENZIE HALL not to chase disputed or statute barred debts -OFT impose requirements - Legal Beagles

Finally, you can use this site perfectly well, so why do you not use HMCS here, Her Majesty's Courts Service - Home?

All the forms you need are there, no need to wait for your local court to post them. Just download them, complete and print them and then either post or hand deliver them to the court.

[jaxy77]

Re: help Cabot and CCJ

HELP NEEDED -We are in court on Thursday and today I have received two letters from Morgan solicitors

1 = Witness statement from Dean Steven Spencer
2= Claiments Statements of costs claiming a further £741.06
The witness statement is stating that we have paid some money off this debt in 2006-7 to a company called Kings Hill (no 1) - which we did pay 16 x £25 and at that time because of very serious health issues we did not have the mentallity to challenge this debt- but paid it because we had other serious worries at the time -

So we can not claim the debt is statute

The witness statement includes a supposed log (raw data)of all contact made to us which is full of lies there are numerous enteries stating message left on works answer machine - the work number they have showing does not or never has has an answering machine on it.

the are other discrepancies re are addresses and suposed contact

can someone please HELP THIS IS GETTING OUT OF OUR CONTROL

[jaxy77]

Re: help Cabot and CCJ

Please Can Someone Please Help With This

[Amy]

Re: help Cabot and CCJ

I'm a tad confused. You admit to the debt, but not the amount?

1. Have you requested any paperwork from RBS, for example the original agreement?
2. How much did you pay to RBS before the account was defaulted?
3. How much have you subsequently paid to debt collectors, etc.?
4. Have you sent RBS a Subject Access Request to ascertain a figure for charges charged to this account?
5. Have you requested any paperwork from Cabot? Do they actually own this debt, are they allowed to collect on it?
6. Is this hearing purely a set aside hearing for a statute barred debt which you now know is not statute barred?

If you can try and be clear with your answers and give some further information this will aid us greatly.

[jaxy77]

Re: help Cabot and CCJ

answers re post from Amy
We did have a credit card with RBS which cabot say was taken out on 24th august 1999 and they have given us the account number on the witness statement i said about earlier

the claimant purchased the debt according to the witness statement -6th july 2004 and they say a notice of assignment was sent to us in 6/9/04 for £4,282.56 they have attached a copy of this letter although it is not dated?

1 -We have not requested any paper work from RBS
2- dont know
3 - £25 x16 months
4 - No - should we do this now?
5 - The paper work we have from cabot - is just the witness statement the posted to us , which we received on Sat which is 11 pages plus then a further 19 pages of a suposed raw log of trying to make contact with us , which is full of loop holes saying about leaving messgaes on answer machine etc
6 - yes

Shall I download the statement from cabot to you or is it too big?

[jaxy77]

Re: help Cabot and CCJ

I have just finished filing my case notes etc and picking flaws in the witness statement provided by C Hearing in 12 1/2 hrs time wish me luck...will post tonight the outcome.
Happy Birthday LB'S lets hope its a double celebration.

[Amy]

Re: help Cabot and CCJ

Well done Jaxy. Good luck xx