Cabot Chasing old CCJ Barclaycard

[loobyloo35]

I have a Barclaycard CCJ on my old address (2006), which back in the day I would ignore all DCA letters etc, and this is the result.

 

Having been contacted by Cabot for this debt, I wrote to them to say that I knew of no debt and to basically prove it - I then received a letter from their Solicitors and sent the same thing back to them - not realising at the time that this was a CCJ on my old house.

 

Anyway, I have now received a letter from Cabot to confirm that this is a CCJ placed on me back in 2006 and to date no payments have been received.

 

Could someone please help me with the following:

 

1. The debt that they say is massive compared to what I "think" I owe, so how would I go about finding this out - do I contact Barclaycard or Cabot?

 

2. Also do I need to find out if I have a CCJ on this?

 

3. I realise I may need to get the CCJ set aside, however, I don't really have any grounds to do this as I just didnt act on the debt when I was being chased, apart from the fact that debt I think is some few thousand more than I think it actually is.

 

Can someone please respond ASAP so that I can deal with this first thing on Monday, thanks

[clemma]

If you didn't defend the CCJ then my guess would be that it was dealt with at Northampton County Court. I haven't got a telephone number for them - but this is the link to a list of email addresses HERE

 

They should be able to tell you/send information out to you about the CCJ.

 

Cabot CANNOT increase the amount on the judgment, nor can they increase the payments that the judge ordered.

[loobyloo35]

It was done at Rugby.

 

Having checked the CCJ details my DOB is wrong on there!

 

I have the account number to which this debt relates to so shall I contact Barclaycard and get the CCA and the SAR request going ?

[clemma]

As there is already a CCJ, it is pointless CCA'ing or S.A.Ring anyone. You need to try and get it set aside, then you can start checking for enforceability.

Edited March 29, 2009 by clemma
wrong info given

[clemma]

You can get a CCJ set aside for any of the following reasons:

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible. Listed are quite a few valid reasons below

 

Were you given 28 days notice in order to pay?

 

Were you living at the address when the summons and judgement took place?

 

If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.

 

Did you receive the summons? They are not sent by recorded mail.

 

Maybe you were unable to attend court and defend yourself.

 

The judgement should not appear on the credit files if it was paid up within 28 days.

 

If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.

 

If you did not receive any notification of the judgement/s made against you, then you can appeal.

 

Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

 

Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?

 

It could have been that you were away from the time between the issue of the summons and entry of the judgement?

 

Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?

 

Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

 

You can use any of the above reasons to have your judgements set aside.

 

[loobyloo35]

I am going to write to them and ask them to provide me with particulars of the claim so that I can make contact with the Court and get it set aside

[loobyloo35]

I contacted the relevant court in question but they wanted my current address to enable me to receive the paperwork - yet the other courts I have been in touch with have happily given me the details over the phone!

 

At the same time Cabot confirmed this CCJ so at the moment I do not need the paperwork HOWEVER, the amount Cabot are claiming is around £4k OVER my credit limit that I had with them and the CCJ is again another £3k OVER what Cabot are chasing.

 

Surely there cannot be £3k worth of charges on this account?

 

Can I contact Barclaycard direct to get statements etc., or would I need to contact Cabot to get the relevant information so that I can find out where this huge amount has come from?

 

Thanks LL

[clemma]

Send a SAR to Barclaycard - you should then receive all your statements etc.

[loobyloo35]

thanks = shall I CCA request them as well or just the SAR?

[loobyloo35]

also shall I send a cheque or PO? Given I have a CCJ on this I guess it doesnt really matter does it?

[loobyloo35]

or thinking about it, probably PO is better because if I get the CCJ set aside and there is no valid CCA then the debt would become unenforceable wouldnt it?

 

I also think the debt "might" be SB as well!

Edited April 9, 2009 by loobyloo35
added text

[clemma]

thanks = shall I CCA request them as well or just the SAR?

 

You should CCA Cabot. The golden rule is to S.A.R the original creditor and CCA whoever is chasing you for payment.

 

or thinking about it, probably PO is better because if I get the CCJ set aside and there is no valid CCA then the debt would become unenforceable wouldnt it?

 

I also think the debt "might" be SB as well!

 

Spot on

[loobyloo35]

You should CCA Cabot. The golden rule is to S.A.R the original creditor and CCA whoever is chasing you for payment.

 

 

 

Spot on

 

 

That's great thanks.

 

I will get on the case over the Easter break and see what this brings - deep joy another debt to pay!

 

Someone said its not worth CCA'ing them if there is a CCJ - is that not the case?

[clemma]

Just realised you mentioned SB. A CCJ cannot become statute barred - although a creditor/DCA would have a difficult time trying to enforce if after a long period of time.

 

RE: The CCA - you are trying to get this set aside, so this could help you after the set-aside has been granted.

[Seminole]

Just realised you mentioned SB. A CCJ cannot become statute barred - although a creditor/DCA would have a difficult time trying to enforce if after a long period of time.

 

That's right unless the CCJ is defective in some way (served at an old address) and SB at the point that judgement was entered.

[loobyloo35]

Just realised you mentioned SB. A CCJ cannot become statute barred - although a creditor/DCA would have a difficult time trying to enforce if after a long period of time.

 

RE: The CCA - you are trying to get this set aside, so this could help you after the set-aside has been granted.

 

I am not sure I would have the grounds to have this set aside as I lived at the property when this was happening, I just chose to "bury my head in the sand" re my debts.

 

Now I am dealing with them after finding this fab site!

 

Can I still SAR Barclaycard though even though its a CCJ as the amounts are clearly different to that of the actual registered CCJ and what Crapbot are chasing?

 

Thanks for your help

Edited April 9, 2009 by loobyloo35
error

[cymruambyth]

If you send a SAR, they should supply a copy of your CCA in the paperwork. Definately a PO as you can never be sure how much information they have or need

[Seminole]

I am not sure I would have the grounds to have this set aside as I lived at the property when this was happening, I just chose to "bury my head in the sand" re my debts.

 

Now I am dealing with them after finding this fab site!

 

Can I still SAR Barclaycard though even though its a CCJ as the amounts are clearly different to that of the actual registered CCJ and what Crapbot are chasing?

 

Thanks for your help

 

It's essential that you SARN them. The debt may be more than you expect because legal costs and interest will have been added to the judgement by the court. The results of the SARN should enable you to find out how much, if anything, Cabot have added to the debt.

[Lapchien66]

Hi, I'm in a similar position, I found out yesterday that I have a CCJ registered at an old address. I moved out of the address in 2004, the CCJ was registered in January 2007, I found out about it is April 2009!

 

What do you feel my chances of getting it set aside, given the length of time between moving out and having the CCJ registered? Really want this set aside, I'm sure that it will be either SB or no CCA will be available.

 

The CCJ is for £19,000 and I can't think who it might be. I will be ringing the court (Northampton, btw), asfter Easter on Tuesday.

 

Any thoughts anybody?

[clemma]

You should really start your own thread about this, but I will give a quick answer for you.

 

There are many reasons you can get a CCJ set aside, but like you, I do not know if the time passed will effect anything.

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible. Listed are quite a few valid reasons below

 

Were you given 28 days notice in order to pay?

 

Were you living at the address when the summons and judgement took place?

 

If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.

 

Did you receive the summons? They are not sent by recorded mail.

 

Maybe you were unable to attend court and defend yourself.

 

The judgement should not appear on the credit files if it was paid up within 28 days.

 

If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.

 

If you did not receive any notification of the judgement/s made against you, then you can appeal.

 

Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

 

Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?

 

It could have been that you were away from the time between the issue of the summons and entry of the judgement?

 

Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?

 

Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

 

You can use any of the above reasons to have your judgements set aside.

 

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

 

This gives you the chance of having your judgement/s removed forever.

 

However, you have only just found about about this (have you just obtained you credit file?), so who knows. The court should be able to tell you, and if it is still possible, you will have to send in an N244 form (you can download one from the court website). I think it costs £75.

Edited April 10, 2009 by clemma

[loobyloo35]

I have today received the paperwork from the Courts, even though Crapbot havent replied to my letter asking when last payment was made etc.

 

It turns out the CCJ was placed on my old property August 2006 - I did live there at this time, but as above, ignored debts!

 

Anyway, its a combination of 4 debts under one CCJ that has been purchased by Crapbot.

 

3 out of the 4 debts were bought in 2004 by Crapbot, one was purchased in 2002. However, if the last payment made is more than 6 years ago on any of the 4 accounts does that make them statute barred?

 

So I need to SAR ALL the creditors under this CCJ AND CCA request Crapbot?

 

Thanks

[loobyloo35]

I have now received holding letters with confirmation that they have received my CCA request.

 

So far they have not replied to any of the CCA requests and provided me with the relevant docs.

 

The first one has now lapsed and I am waiting for the other 3 to do the same. Their letter was dated 26th June and mine was dated approx 5 days before this.

 

If they fail to supply me with the CCA(s) can I send each account a letter in dispute?

 

Also the fact that I think 2 of these debts were SB BEFORE the CCJ was placed.

 

So my grounds for getting the CCJ removed are the fact that 2 debts were SB PLUS no valid CCA is held for any of these accounts?

 

Thanks LL

[clemma]

I have now received holding letters with confirmation that they have received my CCA request.

 

So far they have not replied to any of the CCA requests and provided me with the relevant docs.

 

The first one has now lapsed and I am waiting for the other 3 to do the same. Their letter was dated 26th June and mine was dated approx 5 days before this.

 

If they fail to supply me with the CCA(s) can I send each account a letter in dispute?

 

Yes.

 

Also the fact that I think 2 of these debts were SB BEFORE the CCJ was placed.

 

So my grounds for getting the CCJ removed are the fact that 2 debts were SB PLUS no valid CCA is held for any of these accounts?

 

Thanks LL

 

You could maybe get set-aside - but there are only a few ways to do this.

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible. Listed are quite a few valid reasons below

Were you given 28 days notice in order to pay?

Were you living at the address when the summons and judgement took place?

If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.

Did you receive the summons? They are not sent by recorded mail.

Maybe you were unable to attend court and defend yourself.

The judgement should not appear on the credit files if it was paid up within 28 days.

If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.

If you did not receive any notification of the judgement/s made against you, then you can appeal.

Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?

It could have been that you were away from the time between the issue of the summons and entry of the judgement?

Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?

Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

You can use any of the above reasons to have your judgements set aside.

 

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

 

This gives you the chance of having your judgement/s removed forever.

[loobyloo35]

I have sent a letter of dispute dated 24th June 09 as they failed to supply me with a valid copy of the CCA.

 

I have since received two identical letters from Cabot dated 26th June 09 and 8th July 09 basically stating they are experiencing a delay with obtaining a copy of the relevant information from their archives! Yeah course they are!

 

They are obviously not chasing for payment as they don't have leg to stand on re the CCA or should I say lack of!

 

Now my next move is to get the CCJ removed from my credit file due to lack of this information PLUS they added this CCJ on my old property and I didnt live there.

 

Now before I do this, do I need a written letter from them stating they do NOT hold a copy of the CCA or is the fact that they have lapsed in the stipulated time enough to apply to have the CCJ removed?

 

Thanks LL

[loobyloo35]

Bump