cabot legal action

[pinkllama]

hi all,

 

i defaulted on a £13000 halifax credit card in 2009 and have made token payments upto the end of 2012.

 

a few weeks ago i received 2 letters;

1- court papers regarding the credit card debt. it was sold to cabot about a year ago.

2- letter from shoosmiths saying that they were going to apply for a ccj on behalf of cabot and then apply for a charging order on my house.

 

i returned the court paperwork to cabot's solicitor, shoosmiths, including an offer to pay £20 per month (as per my disposable income on the income/expenditure form)

today they wrote back to me saying that they would stop court action if i started to pay the £20 per month.

 

my question is, would it be better to pay the £20 to avoid action or let them get a ccj against me and then pay the £20 (i guess the court would tell me to pay the same amount)

i'm thinking i'd rather get the ccj now and have it off my credit report in 6 years than have them able to get a ccj against me at any point in the future. it's probably going to take me about 20 years to pay off the debt and would prefer not to be hit with a ccj in 5-10-15 years time for a debt from 2009!

 

also are they right in saying that they can get a charging order put on my house? they must have bought the debt at far less than face value - seems a bit unfair.

[i hate bailiffs]

If they get a CCJ they could secure it against your property

Sounds odd they will do court now going to stop if you oay

Something not right

 

Send them a CCA request see if they are all hot air!

[BRIGADIER2JCS]

What Cabot paid for the debt is of no consequence I'm afraid.

A CCJ or the defaulted account details will be removed from CRA files after 6 years paid or not.

So the question is really if you allow them to get a CCJ and a CO will you always be in a position to keep up the repayments, if not they could apply for an order for sale.

[fkofilee]

Court papers?!?! ... From Northampton Bulk Court?

Or were they mysteriously branded to look like they had been sent by the court?

 

Im confused.

[renegadeimp]

Court papers go back to the court. Not the sol

 

 

As for the debt is the 13k actually legit? Cabot rarely deal with enforceable debts and for 13k the OC would have taken court action instead.

[fkofilee]

Yeah smells fishy I think would you not agree Imp?

[pinkllama]

They were from Northampton court.

Legit as I've had them before. Definitely said to send to claimants solicitor.

There was a case number, can I search for it through Northampton court?

[pinkllama]

Received letters from Halifax and Cabot a year ago when the debt was sold. It also appears on my credit file as Cabot.

[i hate bailiffs]

They were from Northampton court.

Legit as I've had them before. Definitely said to send to claimants solicitor.

There was a case number, can I search for it through Northampton court?

 

You need to stick to the timeline and respond to the claim

If you do nothing you will have a CCJ against you

[pinkllama]

i did respond in time

is it correct that court papers always go back to the court?

it definitely said to send them to the claimants solicitor.

bit worried now!

[renegadeimp]

Always sent aos, defence to mcol. If you dont then theyll get judgement by defaul. And cabot will do anything to do that so youll have no way to set aside the claim.

[ims21]

What is the date of issue on the court claim?

 

You have (or had) a strict time line to adhere to and the acknowledgement of service must be done via the court. It can be done on-line through MCOL, details of which would have been given in the court pack sent out with the claim form from Northampton.

[pinkllama]

due date has passed.

just spoken to Northampton court, who said i was correct in sending it to shoosmiths.

i didn't dispute the debt.

[i hate bailiffs]

due date has passed.

just spoken to Northampton court, who said i was correct in sending it to shoosmiths.

i didn't dispute the debt.

 

I think in that case the CCJ will be awarded if you did not dispute the debt

[pinkllama]

they have accepted £21 per month on the debt. so i am going to be paying it for a very long time!

am i right in thinking that it's better to get the CCJ now, rather than accepting shoosmiths offer to start paying the £21 now to avoid court action.

 

regarding charging orders.

 

can cabot still get a charging order if they bought the debt from halifax?

[renegadeimp]

For a 13k debt to be sold, especially ti cabot, there has to be something wrobg with it. Do cabot hold the correct paperwork?

[pinkllama]

I assumed they did as I got a load of paperwork from Halifax saying that they had sold it to Cabot. Also Halifax's entry on my credit file was replaced with one for the same amount from Cabot.

[Desperate Daniella]

There may be something wrong with the agreement so you certainly shouldn't risk getting a CCJ.

 

I would start paying the £21 per month and as soon as you have the confirmation from them that they are not continuing with claim, and confirmation from the Court too, I would send in the CCA request. I wouldn't do it until you have that confirmation in case they decide to play dirty if they think you might fight back.

 

If they get the CCJ they can apply for the charging order and then they can apply to force a sale of your property although obviously you can defend that.

[AndyOrch]

i did respond in time

is it correct that court papers always go back to the court?

it definitely said to send them to the claimants solicitor.

bit worried now!

 

Only if you are defending...for an admittance they are returned to the Solicitor acting.

They may not issue a Notice of Discontinuance ...simply let the matter stay....just incase you default on the agreed payment.

 

Andy

[pinkllama]

There may be something wrong with the agreement so you certainly shouldn't risk getting a CCJ.

 

I would start paying the £21 per month and as soon as you have the confirmation from them that they are not continuing with claim, and confirmation from the Court too, I would send in the CCA request. I wouldn't do it until you have that confirmation in case they decide to play dirty if they think you might fight back.

 

If they get the CCJ they can apply for the charging order and then they can apply to force a sale of your property although obviously you can defend that.

 

Thanks I'll do that.

What if I don't receive confirmation from them that they have suspended court action? Is confirmation from the court sufficient?

 

Does anyone else think that it's strange that Halifax sold on a £13k debt to Cabot, as someone stated earlier in the thread?

Now it's been mentioned, I find it a bit weird,Halifax could have easily got a ccj themselves and gone for a charging order.

[renegadeimp]

I assumed they did as I got a load of paperwork from Halifax saying that they had sold it to Cabot. Also Halifax's entry on my credit file was replaced with one for the same amount from Cabot.

 

So you havent even checked the validity of the debt? Cabot know this and due to the large amount, theyre getting a Court order on you before you can check it. I very much doubt that the debt is valid. It's looking less and less likely every minute.

[Ganymede]

They were from Northampton court.

Legit as I've had them before. Definitely said to send to claimants solicitor.

There was a case number, can I search for it through Northampton court?

 

 

 

 

You were correct in sending the admission back to the Claimant's Solicitor.

 

However, now you have admitted the debt you will get an automatic CCJ for the total claimed payable in the sum that was agreed of £21.00 pcm.

 

The Claimant is now entitled to apply for a Charging Order and secure it against your property which is nigh on impossible to stop going through sorry.

 

You should have acknowledged/Defended if you wanted to avoid a CCJ.

[AndyOrch]

Only if you are defending...for an admittance they are returned to the Solicitor acting.

They may not issue a Notice of Discontinuance ...simply let the matter stay....just incase you default on the agreed payment.

 

Andy

 

You were correct in sending the admission back to the Claimant's Solicitor.

 

However, now you have admitted the debt you will get an automatic CCJ for the total claimed payable in the sum that was agreed of £21.00 pcm.

 

The Claimant is now entitled to apply for a Charging Order and secure it against your property which is nigh on impossible to stop going through sorry.

 

You should have acknowledged/Defended if you wanted to avoid a CCJ.

 

Not necessarily only if the claimant wishes to proceed...they dont have to request judgment but I would feel more comfortable if there was Consent Order in place confirming this arrangement.

 

Regards

 

Andy

[renegadeimp]

I wonder if its too late to contest the validity of the debt. The last thing we want is for Cabot to pull a con and get a CO on a debtors house for a debt that is unenforceable.

[Ganymede]

Not necessarily only if the claimant wishes to proceed...they dont have to request judgment but I would feel more comfortable if there was Consent Order in place confirming this arrangement.

 

Regards

 

Andy

 

 

 

I would like to know the exact wording of Shoosmiths letter as post #1 states they would "stop Court action". I fear that the OP is paraphrasing and is not what the letter said as Shoosmiths later say they want a CO as well as the payments.

 

The OP needs to calrify and tell us EXACTLY what Shoosmiths said.