Cabot/reston got CCJ on already SB'd - *** Struck Out with Costs Successfully Executed by HCEO***

[Upsetandfrustrated]

Hi all,

 

I thought this would die, but hasn't.

 

The Judge awarded me judgement against Cabot and a sum, which I will not put on here for fear of them identifying me. The paperwork for the Country County Judgement has come through with an order for payment forthwith. The amount is well over the threshold of HCEO involvement.

 

My question is, do I now wait longer for them to pay me, or do I send in a debt collector?

 

Advice would be appreciated.

[dx100uk]

nope you send in the HCEO

a DCA has no powers

 

 

HCEO does!!

 

 

dx

[panther12]

To use hceo the judgment has to be over £600. Does the order allow for any party affected to apply to set aside? if so I'd wait till that time is up and then send a reminder enclosing a copy of the order and giving them 14 days or else. Or if you want the satisfaction of a CCJ registered against them wait 28 days.

[Upsetandfrustrated]

Its over the limit so the HCEO OK. I have spoken to them today, they have told me to wait another week then apply for the transfer to the High Court and ask for a Fi Fa order.

 

They will then go in an apply a levy. I understand from them that they will have to send a 7 day notice of visit. So that takes the surprise away.

[AndyOrch]

A Writ of FiFa is the High Court equivalent of a Warrant of Execution, but unlike a Warrant of Execution it does not require any notice to be given. ...

 

Regards

 

Andy

[Upsetandfrustrated]

Well, a further update.

I issued the application to transfer the proceedings to the High Court, obtained the Writ and the HCEO attended.

They claimed their Solicitors we're dealing with it and from my point of view left the situation in the air

by allowing their Solicitors to start sending letters telling me they were going to apply to the court for a stay and contest the charges.

 

So, the above while not surprising, it was a frustrating move. I simply told them to pay up or see them in court.

 

 

Eventually I applied to the court for an application to question the directors on oath.

That put the cat among the pigeons to say the least!

 

 

On the day, they never turned up, so the Judge awarded full costs and as I was at the High Court in Birmingham,

the Judge awarded costs of the hearing and £952.65 in time lost.

He also issued a pay forthwith notice and another Writ of Fi Fa.

 

 

The Judge also referred the details of the case to the FCA to review their licence as a DCA.

I think they really angered him with their total disregard in not even communicating they were not turning up.

He also ordered that they could not return to the court in appeal or for a stay in proceedings.

 

This time, when it went to the HCEO, they gave the 14 days notice, but attended on the 15th day with a van.

The director turned up at Cabot's reception and gave the same speech he did two months previous.

 

 

This time, they started to remove goods because they had forgotten they had signed a Control of Goods Agreement.

The HCEO's actually took the 70" LCD TV off the wall despite the protests of the finance director.

 

Unfortunately for Cabot, the company doesn't have debit cards, so the HCEO's couldn't confirm direct payment for a few hours.

 

End result.

Full payment and CCJ against Cabot for over £2600, costs and HCEO's time took that to just under £5,000.

 

I have also issued a complaint to the FCA with respect to their suitability in holding a CCA while having a CCJ.

[AndyOrch]

Would be funny to have to send in the bailiffs, esp if it could be filmed

 

Well, a further update. I issued the application to transfer the proceedings to the High Court, obtained the Writ and the HCEO attended. They claimed their Solicitors we're dealing with it and from my point of view left the situation in the air by allowing their Solicitors to start sending letters telling me they were going to apply to the court for a stay and contest the charges.

 

So, the above while not surprising, it was a frustrating move. I simply told them to pay up or see them in court. Eventually I applied to the court for an application to question the directors on oath. That put the cat among the pigeons to say the least! On the day, they never turned up, so the Judge awarded full costs and as I was at the High Court in Birmingham, the Judge awarded costs of the hearing and £952.65 in time lost. He also issued a pay forthwith notice and another Writ of Fi Fa. The Judge also referred the details of the case to the FCA to review their licence as a DCA. I think they really angered him with their total disregard in not even communicating they were not turning up. He also ordered that they could not return to the court in appeal or for a stay in proceedings.

 

This time, when it went to the HCEO, they gave the 14 days notice, but attended on the 15th day with a van. The director turned up at Cabot's reception and gave the same speech he did two months previous. This time, they started to remove goods because they had forgotten they had signed a Control of Goods Agreement. The HCEO's actually took the 70" LCD TV off the wall despite the protests of the finance director.

 

Unfortunately for Cabot, the company doesn't have debit cards, so the HCEO's couldn't confirm direct payment for a few hours.

 

End result. Full payment and CCJ against Cabot for over £2600, costs and HCEO's time took that to just under £5,000.

 

I have also issued a complaint to the FCA with respect to their suitability in holding a CCA while having a CCJ.

 

 

Did you forget the film crew Upsetandfrustrated ?

 

Well done delighted for you...just in time for Christmas....dont forget to put CAG on your Christmas List

 

Regards

 

Andy

[Upsetandfrustrated]

TBH Andy, I would love to know whether they were filmed by the TV.

 

 

I never asked, save for the complaint I made with the HCEO as I felt they were dragging their heels.

I expect Cabot/Reston is a customer so my Writ may have been a nightmare.

I was given the name of one director who liaised with me rather than the people in their office.

He kept me up to date and gave me an update on the day.

 

I will make sure CAG has a Christmas box.

The cash will come in handy now I have passed my LLB, so need to fund my Solicitors training in the New Year.

 

Once I have some experience, I would love to offer my services to the site in the area I am to go into after my year of training.

It's commercial & corporate and good to give back.

Edited December 15, 2015 by Upsetandfrustrated
Error

[AndyOrch]

" The cash will come in handy now I have passed my LLB, so need to fund my Solicitors training in the New Year. "

 

Thats excellent news...good on you...your experience being on the other side of the fence will be invaluable for your future career...well done on the LLB:wink:

 

Moved you back to the Financial Legal Forum for a short spell Upsetandfrustrated........well we have to show your success prominently.

[renegadeimp]

Fantastic news. Well done

[dx100uk]

haha nailed cabot to the wall

 

 

well done!!

 

 

should be advertised on cag about this substantial win.

 

 

dx

[slick132]

Hi U and F,

 

Well done on this excellent result !!

 

[citizenB]

This was good news to log on to. Well done

[Ell-enn]

Excellent, well done

[theoldrouge]

Superb well done