help!Cabot Finance and ccj

[lyndaymay140]

My x has had various letters from cabot finance sent to my address re a debt from MBNA(now £9000). Today he got a court summons re this debt (recognise the address on letter from debts x had when he left). He hasnt lived at my address for over 5 yrs. I keep sending them back, and telling him to sort it but he doesnt. He reckons he hasnt paid anything for over 6 yrs and he doesnt have to pay anything. he told me just to post it back.I think they are going to try for a charging order ( x still has name on house). What should I do? What does x have to do?

[postggj]

the prob is a creditor will serve an n1 claim form to the last known address

 

you need to contact cabot, who are not very bright, and ask them to withdraw the claim form

 

then send the request in writing to cabot by recorded delievery

 

dca like getting judgement by default by sending claim forms to a previouse address

[lyndaymay140]

Thanks for that I KNOW iM BEING THICK BUT DO I MAKE THE REQUEST TO WITHDRAW THE CLAIM OR DO I GET MY X TO DO IT. hE WONT GIVE ME HIS NEW ADDRESS BECAUSE OF HIS DEBTS.

[postggj]

Its Best On This Occasion If You Phone Cabot

Remember To Back It Up By A Recorded Letter

 

Let Me Know What Cabbot Say

[lyndaymay140]

Brilliant. thanks. will letyou know

[debbbbsy]

X sounds like a **** for not addressing this problem himself. This is his problem, he should sort it out.Doesn't sound like he wants too.

Just so you know, if a creditor does get a charging order on debts in your partners name, it is only on the equity he owns. So should you ever sell the property, you don't lose your share.

The concern is, if he hasn't lived with you for 5 years, is he still paying his share of the mortgage.Why is his name still on the deeds.

[lyndaymay140]

He is !! Refuses to give me address to send divorce papers. was told that if i couldnt take over mortgage on my own his name had to stay on deeds

[lyndaymay140]

hi spoke to Cabot. they say as far as they are concerned he lives there and will proceed with the case unless i can prove he doesn,t or give them his new address

[postggj]

any news on cabot

[debbbbsy]

This is a tricky one. Especially when he won't give you an address.

I think you need to go to CAB. They can advise not just on this but also the divorce. They could also write a letter on your behalf, confirming everything you have said.

Is he paying his share of the mortgage?

Debs

[lyndaymay140]

cabot told me they would proceed unless i gave them an address for him which he wont do. dont know how to prove he doesnt live there

[lyndaymay140]

hi not sure how to send this direct to you. cabot saying they will continue with case unless i give them an address for him.

[Fester Tester]

He's screwed. Cabot and their performing chimps in Morgans Solicitors are not obliged, and are excluded from anyway, to talk to you about it.

 

The best thing you can do is send, recorded delivery, a letter to the claimant AND the court (I imagine it's Northampton?) stating that the defendant no longer lives at the address indicated on the claim form.

 

That way he can, if he ever bothers his lazy backside to do so, challenge the CCJ that is a dead certainty in light of his refusal to get his head out of the sand, on the basis that the claimant was well aware that the papers were served on an incorrect address.

[lyndaymay140]

ok have just sent off letters to court and now morgan solicitors. will let you all know the response