Major Help needed with Cabot and CCJ**WON** Case dismissed

[gazhodge1981]

Hi all, I need some advise for my Dad

he has been getting letter from Cabot Financial since the 10 June 2008, they have been chasing 2 accounts One is with MBNA and one Agros. they have sent 5 letters between 10 June 08 - 21 April 09 demanding payment . The problem he has had was that we put a SAR into both accounts to get the statement to get the charges back. MBNA sent there's no problem but to date Argos has never sent theres , anyway MBNA has paid back the charges but still not even a statement from Argos. the last thing i did for him was send them a LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998 But he has told me he has never had anything

The problem he has had with Cabot were the number of telephone calls (20-30 a week) which stopped when I sent them a Harassment by telephone letter From here on 2/2/09. With me being away he hasnt done much about the Argos statements so is no further with them.

On the 29 June 2009 he got a Judgment for Claimant (Cabot) in the Northampton CC. The problem is he has never had any court paperwork or anything from Cabot and I do not know what to do for him (he is very upset about this) he has spoken to citizens advice who told him to try and set aside the judgement, but we are both not sure what to do tbh.

The hard part for him is that he has been of work for 14 months because of an accident he had

Any advise would be great as I really dont know what to tell him, please Help

[supasnooper]

Hi there,

 

If you are sure that your Dad has never received any court paperwork then he will need to apply for a set aside of the CCJ.

 

Unfortunately this will cost £75 unless you Dad is fee exempt - do a search for form EX160 on google for details.

 

Have a read of the links below on getting the CCJ set aside -

 

 

 

Setting aside the original CCJ of your CCA

 

 

CCJ removal inc. step by step guide

[gazhodge1981]

Hi supasnooper,

Thank you so much for posting

I have read the threads you posted but I feel a bit lost tbh, I dont really know where to start. Do I send a SAR to Cabot??, What grounds can I set aside the judgement for him??

I think this might be getting on top of me :o

Sorry to be a pain

[supasnooper]

Subject Access Request goes to the original creditor - I'm not too sure which creditor got the CCJ from your info though.

 

Not receiving any court paperwork is a good start - how would he have known that he was being taken to court ?

 

Also give Northampton County Court a call and see if they'll send any details of the claim to you. Your Dad may need to do this though due to the Data Protection Act.

[gazhodge1981]

Great I have done the SAR to both of the original creditors.

now to set aside the judgement, I am right that i use the N244 form which i have found online. Is there anything on the forum that can show me how to fill it out, I have been looking but cant seem to find anything. I am sorry for being a pain

[supasnooper]

Have a look here -

 

Removal of CCJ's - Sample Form N244 - Notice of Application

 

and amend to suit.

[gazhodge1981]

Thanks for getting back to me Supasnooper

I am looking at the post above and the example and feel I am being a bit thick , on the n244 form there are 3 parts, A, B and C, I feel i am unsure where to put what :o I am worred about making a mistake :o

[gazhodge1981]

ok been looking at this in more detail is there anywhere I can see what particulars for setting aside the judgement will be. I am worried that if i miss anything and it goes to a hearing and he needed it i will have messed up.

I have had a form today from the court with some details on it, it just says case details ( screen print) It has claimant, defendant and particulars of claim and some figures on it with the amount of £5215.50. (includes costs)

[gazhodge1981]

Can i ask that if MBNA has paid back there charges and Cabot are claiming the full amount is that allowed???

[supasnooper]

If your dad didn't receive any court paperwork then that is a reason for getting the CCJ set aside.

 

Just state you reason/s in clear english for the set aside, it's not always smart to try to be too legal.

 

 

I don't think what Cabot have done is allowed as they have mis-stated the amounts, another reason to add to your set aside.

[gazhodge1981]

ok sorted i think N244 form in so fingers crossed.

If it is accepted can anyone tell me the stages that will happen and is there anything I should know

Sorry for sounding like a broken record

[supasnooper]

Your Dad's N244 will go in front of a Judge who will decide on the merits of the application.

 

If you are successful in getting a set aside hearing, the Court will notify your Dad by post of the date.

[r&b]

hi gaz,

it seems snoops has guided u well so far, maybe worth having a look round the site to get a flavour of what's in store.

this thread although not completely relevant won a set aside case:

http://consumeractiongroup.com/forum/dca-legal-successes/139232-hfc-restons-charging-order.html

 

there are many others who have/are going down this route for varying reasons but the process will be the same. get reading there may be snippets u pick up that will be helpful later on.

[supasnooper]

Good advice from r&b.

 

Another thread I would advise reading, especially if your Dad has never been to court (posts #13,14 & 15) - http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

[gazhodge1981]

Thanks for the advise I am reading away and will let you know how things get on. Thank you so much for all the help so far

[42man]

Just thought this might be of interest - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

[gazhodge1981]

that is a great post 42Man

I have had a letter back from the court and my Dad has a hearing on the 16th September. I looks like it is to decide weather to set aside or not.

I have requested all the information Cabot have on the debit and a sar has been sent to MBNA and Argos (i noticed the sar requests a lot more info now).

I have sent Cabot a CPR 18 - REQUEST FOR INFORMATION letter special delivery, just so I have all the information or as much as they have

As it said in the post, the more info you have the better.

If anyone can advise me what will happen at the hearing or what he will need would be great.

[gazhodge1981]

Hi all, ok this is where i am now upto I have sent them a letter CPR 18 Request and they have got back to me. They have sent me the following:-

Statement of Costs and a witness statement of there solicitor, list of actions, i.e. when they made a phone call,

They have failed to provide true copies of any notice assignment,

Document (or deed) of assignment,

I will put some of the documents here, if anyone could advise me it would be great.

This is what they are saying is there notice of Assignment. - This cant be right can it????

[gazhodge1981]

[/img]

The Claimant purchased the debt from mbna on 8th May 2008 by way of legal assignment under section 136 of the property act 1925. The notice of assignment of the debt was created on 14th May 2008 and subsequently sent to the defendant thereafter.

This is what they letter said

 

They have also said that they feel the judgement shouldn't be set aside because he didn't get the paper work.

They have put a case forward Akram Vs adam from 2nd April 2004 which the judge ruled that they couldn't set it aside because they had no paperwork

Edited September 2, 2009 by gazhodge1981

[gazhodge1981]

Forgot to ask, should I send them another letter asking for the information again?

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

This is the post where i got the information for the letter I sent them.

[Spamalot]

Hi There.

 

you have left one or 2 personal details on the above post so it may be worth a quick edit..

 

Did your dad get and acknowledge a Notice of assignment from the claimant?

 

And did your dad ever receive a claim form?

 

Spam

[gazhodge1981]

Hi Spamalot,

 

He hasnt or ever had a notice of Assignment, In the leter I sent them I asked for it and it was not sent. One of the seasons to set aside is because he never got any court forms so was unable to file a defence because he didnt know about it till the default in judgement arrived which left him shocked. He has also never had a LBA of them even know they have sent 2 so they say but as for proof again they could not supply any.

 

PS: thanks for the bid on the personal details, i missed them

Edited September 2, 2009 by gazhodge1981

[Spamalot]

In that case regardless of what they say your dad will have to put them to 'strict proof' that they have done the things they said they have.

 

i.e its up to them to prove your dad received the claim form, notice of assignment etc. so they will have to supply proof of postage and a signature to do that.

 

As long as your dad has not acknowledged anything that they have alleged then there shouldn't be a problem getting a set aside as he has not had the opportunity to submit a defence.

 

It seems to me they are just trying to scare him into dropping the application but my advice would to be to stand firm and go ahead with it.

 

Spam.

[gazhodge1981]

I get the same feeling, The stuff they sent was just off there computer which i could have made up, I have requested proof of postage, Notice of Assignment, Signed agreement. They could produce none of it upon request which is a little sad really as how many people will they do this to

My Dad has said he has never had anything off them recorded or sign for, in fact he has only had 6 letters of them, 5 demanding money and one regarding a complaint he made because the auto dialler kept ring his works number which other people answered (a bit embarrassing for him).

Thanks for the Advice Spam, Will keep everyone posted.

Just one other thing, should I write to them again asking for the information again or just leave it?

[Spamalot]

Once your dad gets into the Set aside hearing and assuming the judgement gets set aside, the claim will go back to square one and your dad will be able to submit a full defence. He can then ask the judge to order the claimants to produce all the documents.. it is then up to the claimant to comply or give up.

 

I therefore wouldn't worry about asking again at the moment.

 

Spam:)