Cabot Financial - CCJ

[ssg2]

Hi

I am new to the forum and need some help.

 

I'll start from the beginning, back in 2002 I moved house and a few months after leaving my old house I had a call from Egg to tell me there had been suspicious activity on my account and it turned out egg had sent my card to my old address by accident and somehow the person living at the address has my personal details to activate the card.

Egg were great and cleared the amount straight away (£3000 was spent in 2 days).

 

I contacted the police and an officer came to my house to take a statement.

 

Fast forward a year and I had a letter from Cabot with regards another old card of mine that I thought had been closed.

I explained the situation to them and told them I was not responsible for the debt and that the police had been informed, I heard nothing from them until recently.

 

I recieved a letter to tell me a ccj had been put against my name on the 18th November, no warnings no nothing.

I then recieved a second letter from morgan solicitors on the 27h November (cabots inhouse team) telling me I had 14 days to pay the amount or have a charge put on to my house.

 

I called Morgans last night and told them the situation and the woman told me it was up to me to prove I didn't spend the money!!!

She said that a charge was going to be put on my house in early January and if I wanted to defend it I would have to fill out a form for the courts ( i don't know how to do this)

 

What made me laugh was that she said I had called Cabot in 2004 and 2005 and said I would be paying the debt off in full with a remortgage ( i never called them)

 

What can I do and how do I do it?

 

I've never asked them for a copy of the CCA, is this something I should do first? How do I stop them putting a charge on my property?

 

Many thanks

[ssg2]

anyone?

[cerberusalert]

Moved to Legal Forum.

[silverfox1961]

hi,

I'm not that good with court cases but you need to apply to the courts to get this set aside on the grounds that you received no court documents.

 

I think it's a N244 form but you will need to find the case number from Cabot.

 

This has the effect of putting you back in the position you were at before the court case when you should be able to defend on the grounds that it ain't your debt!

[ssg2]

hi,

I'm not that good with court cases but you need to apply to the courts to get this set aside on the grounds that you received no court documents.

 

I think it's a N244 form but you will need to find the case number from Cabot.

 

This has the effect of putting you back in the position you were at before the court case when you should be able to defend on the grounds that it ain't your debt!

 

Thanks, will look to do that later today, I have the case number from the solicitors last night.

[hungrybear]

You are certain there is a CCJ? ie you have a claim number and a court order? HAve you checked with the issuning court?

 

They cannot 'put a charge on your house' like a game of monopoly or something. They need a ccj, then you need to not pay the court order then they need to apply to the court.

 

First check the ccj is real then if it is you'll have to apply for a set aside.

[ssg2]

You are certain there is a CCJ? ie you have a claim number and a court order? HAve you checked with the issuning court?

 

They cannot 'put a charge on your house' like a game of monopoly or something. They need a ccj, then you need to not pay the court order then they need to apply to the court.

 

First check the ccj is real then if it is you'll have to apply for a set aside.

Defintiely is, spoke to the court today and they are sending me a form to set aside the ccj.

Low and behold both letters from the court arrive today, together, nearly a month late so I will be using that as my reason to set it aside.

What should I prepare before I go to court?

[ssg2]

Ok quick update.

I sent a CCA request to Cabot on 22nd December and paid the £75 to the court to have the court date moved (now March 12th).

Cabot have not even acknowledged the letter so I am now sending them the following:

 

To Whom It May Concern:

I refer to my letter dated 22/12/09 which was delivered via Recorded Delivery to your offices on 23/12/09.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 22/12/09 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 13/01/10 and 12/02/10 respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 12/02/10 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Cabot Financial/Morgan Solicitors.

 

I require the following action from Cabot/Morgan} :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

5. Any current court action to be stopped immediately

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot Financial or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably

My question is how do I stop the court action, do I make the court aware that Cabot haven't done what they need to do or do I just wait for Cabot to stop the action?

 

regards