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Backdoor CCJ Cabot sold a JD Williams, Cat Debt - now warrant of control


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My partner has just had the above come through the door,

 

she had had a letter from some solicitors a few weeks ago,

but it was misplaced,

mentioning previous court hearing,

but honestly that was the first she had heard about it.

 

now this Notice has come through the door, demanding £850 before the 1st May 2015, which we cant do.

 

Until this dropped through the door, she was unaware of any court action (solicitors letter was 'found' in kitchen unopened earlier),

what can we do?

 

She is terrified of them turning up and taking goods,

also we have a 4 month old baby, so could do without the stress.

 

The money is owed to Cabot, for a debt bought from JD Williams,

 

what is her/our best course of action?

 

If, as she claims, she had no knowledge of this previously

 

, can it be returned to the court etc?

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If, as she claims, she had no knowledge of this previously, can it be returned to the court etc?

 

 

 

The process would/ should have involved -

 

Some communication from Cabot advising they were now the new owners of the debt

Statements of arrears

Letters asking you to either make contact or pay up.

Advice that they were considering court action

Letter before Action advising that you had ?? days to act before they issued a claim

 

Then from the court

 

A claim form

If no acknowledgment of claim or defence was submitted to the court, you would then have been sent a Notice of Default Judgment.

Perhaps a couple more letters advising they would escalate their enforcement options if you didn't make arrangements to pay.

 

IMHO, you need to act swiftly or there will be more costs added to this debt.

 

Perhaps speak to National Debtline - ask them to help you produce a Common Financial Statement (Income and Expenditure form) Then make contact with either Cabot or their solicitors and ask for time to pay based on the production of your Financial statement.

 

https://www.nationaldebtline.org/

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The process would/ should have involved -

 

Some communication from Cabot advising they were now the new owners of the debt

Statements of arrears

Letters asking you to either make contact or pay up.

Advice that they were considering court action

Letter before Action advising that you had ?? days to act before they issued a claim

 

Then from the court

 

A claim form

If no acknowledgment of claim or defence was submitted to the court, you would then have been sent a Notice of Default Judgment.

Perhaps a couple more letters advising they would escalate their enforcement options if you didn't make arrangements to pay.

 

IMHO, you need to act swiftly or there will be more costs added to this debt.

 

Perhaps speak to National Debtline - ask them to help you produce a Common Financial Statement (Income and Expenditure form) Then make contact with either Cabot or their solicitors and ask for time to pay based on the production of your Financial statement.

 

https://www.nationaldebtline.org/

 

 

When she does an income and ex plan,

considering the debt is in her name

, is it just her income that is required?

 

 

We are not married,

she does not work but receives Child tax credit and child benefit,

and pays various bills and household costs, shopping etc.

 

 

I have my own income,(work as hgv driver via own limited company),

 

 

salaried at £220 per week, and cover rent and council tax, car repayments, insurance, tax, fuel etc.

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only hers

 

 

what the debt all about

 

 

tell us the history you have all weekend yet

 

 

slow down

 

 

history of how this got this far is important.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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only hers

 

what the debt all about

 

tell us the history you have all weekend yet

 

slow down

 

history of how this got this far is important.

 

dx

 

The debt is/was owed to JD Williams, and was originally being paid via repayments to them, around 2 years ago.

 

 

Between then and now I dont know what happened,

neither of us have any knowledge of Cabot taking on the debt, nor of any court papers etc,

the solicitors letter and todays notice being the first we knew about it.

 

 

There is always the possibility it has been hidden from me and she has known about it, but I have my doubts about that.

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ok , did she inform her creditors she had moved?

 

 

if not they've filed to her old address

and that s where everything has gone

and until a 'human' gets involved

i'e the Bailiffs - goes to her current address

 

 

IF the DCa or the creditors knew of her current address

and you can prove it

 

 

go set the CCJ aside

 

 

it will stop all enforcement

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It sounds to me as if the letter you have is from the likes of Bryan Carter - known for getting Default Judgments via an old address. Sounds as if they have a CCJ against you. The Notice from the Court will be from the County Court Bailiff and needs to be sorted but that is quite easy to do.

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If as you say your partner had not known of this matter then she could apply to the court on an N244 to have the warrant set aside but courts do not grant these applications automatically and are reluctant if the debt is legally owing. Others with more knowledge of the procedure (such as Ploddertom will be best to advise).

 

 

If it is the case that the letter that has been received is from the court then it is a very simple matter for your partner to pay the debt without the needs for bailiffs to be involved and the way in which this should happen is that she has to complete a form called an N245 (which is called a variation of a court order). On this form she will be required to provide some financial information and offer a monthly repayment. There is a fee to pay when submitting the form but did is not payable if she is in receipt of certain benefits. She will need to read another court form called an EX160.

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get up on trustonline as BB says

or see her credit file

 

 

once you know the CCJ number

 

 

then phone northants bulk court first thing Monday

 

 

ask for a copy of the CCJ

whilst on the phone

get them to tell you the date of the CCJ

and the address it was served against/to

 

 

if its the address you've been at for the last 4 yrs then ask for details upov how to set aside

mention bailiffs have been to your door and how does this get stopped.

 

 

if the debt itself was prior to 4yrs and was taken out at her previous address

and the claimform/CCJ served there, as I sadly suspect, theres not a lot you can do bar pay it.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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