Cabot unknown CCJ - Int CO - now CO - help wrong name!

[mambusa]

Hi, I have received an interim charging order after a judgement or order was given on the 19th January 2015 by the county court business centre.

 

The application will be heard on the 3rd august 2015 at the county court in Kings Lynn.

 

Is it too late for me to defend this?

 

I received the judgement from the Nottingham County Court business centre in January,

but as it was not signed by a judge and did not have my dob on the order I gave it no credence.

 

Any advice on my next steps would be appreciated

 

Many thanks.

[unclebulgaria67]

What grounds do you have to dispute the debt ? Do you have reasonable excuses for not defending the court claim.?

 

What type of debt is this ?

[mambusa]

The only thing I can think of is an old overdraft that I defaulted on 3 or 4 years ago. I never received a court summons or any notice of court hearing. Just the court order unsigned stating that judgement had been awarded to the claimant in January 2015.

[unclebulgaria67]

You need to contact the court to find out why the court claim was not received and to get hold of a copy of the particulars of claim made against you ?

 

You can request a set aside of the judgement, but it must be more than not receiving the court claim form.

 

You need to identify issues about the debt, which can be discussed at a set aside hearing.

 

The cost of applying for a set aside is £155 and you would need to submit this to the court ASAP,

given that there is already an application for a charging order.

 

Find out more about the debt first and why you did not hear about the court claim. Then post back for further advice.

[mambusa]

I have just spoken to the court they have no particulars of the claim, and suggest I call the solicitors who are representing Cabot Financial (UK). Should I call the solicitors or write to them? Thanks

[unclebulgaria67]

Call the Solicitors to request a copy of the court claim they issued, as you did not receive it. Follow up in writing if necessary ,asking for proof of the debt.

[mambusa]

Just called them they want me to verify my Date of Birth due to data protection is it ok to give dob?

[AndyOrch]

" I received the judgement from the Nottingham County Court business centre in January, but as it was not signed by a judge and did not have my dob on the order I gave it no credence. "

 

No Judgment ever has or is required to.

 

Andy

[mambusa]

My understanding of county court judgements was that they have to go before a judge and not dealt with by a bulk clearing centre. Correct me if I am wrong.

[AndyOrch]

My understanding of county court judgements was that they have to go before a judge and not dealt with by a bulk clearing centre. Correct me if I am wrong.

 

Wrong there are Judges at the CCBC Northampton...they can issue default Judgments in the event of no response

[mambusa]

Ok thanks, but how does anyone know he dealt with the case if he does not put his name to it?

[dx100uk]

so go phone northants bulk

get a copy of the CCJ

or atleast the address it was served to

and the verbatim POC.

 

 

dx

[Ganymede]

Ok thanks, but how does anyone know he dealt with the case if he does not put his name to it?

 

Stop reading those nonsense FMOTL websites.

[mambusa]

Received this back from the court, I have also written to the claimants solicitor recorded delivery but have not received a reply back as yet.

Edited July 22, 2015 by mambusa

[dx100uk]

pdf please

 

 

follw the upload

 

 

dx

[mambusa]

Hi,

 

I have a recieved a final charging order for a debt I know nothing about.

 

The order is my name but my father lives with me and also has the same name.

 

There is no middle initials on the order or the date of birth.

 

I contacted the court earlier to explain this but the order has still come through with my name with middle initial

and also my dads name without middle initial.

 

I had filled in the appropriate form last year to have the judgement set a side

as we did not have any information from the claimant as to who the owed the debt.

 

I am starting to lose the will.

 

Any guidance would be much appreciated.

[Guest]

is this some of the background on this

http://www.consumeractiongroup.co.uk/forum/showthread.php?449149-Cabot-and-unknown-CCJ-now-Interim-charging-order

[mambusa]

Yes that is the background,

 

I applied to the court to have the judgement set aside

and I also wrote to the solicitors asking for them to clarify who the debtor was, myself or my Dad.

 

The solicitors never replied and the court ruled in February 2016 that the application to set aside be dismissed

and that the charging order continue.

[Guest]

ok.

if the original ccj can be setaside, which you posed in the original thread, then any CO on it will cease.

you 'applied', but did you attend a hearing re the int CO and mention those issues.

fuller details needed mambusa.

[mambusa]

I did not attend the hearing due to a Funeral,

but I delivered by hand a letter to the court explaining the situation.

 

The Judge at the hearing postponed the hearing and gave the claimants solicitors until the 16th Feb

to produce to the court the name of the debtor.

 

I did not realise that it would be another hearing which I could attend,

presumed that once the solicitor produced the documents there would be another hearing date set, my bad.

 

However the Final charging order is in both our names now,

 

so have no idea what the solicitors produced to the court.

 

Can I appeal to the court about the decision made as we still have no idea who the original debtor is.

[dx100uk]

threads merged

shame you never kept the thread updated

we might have guided you to a better outcome

had you posted.

[mambusa]

Just an update,

I have again asked to have judgement set aside until the creditor can prove who owes the debt,

and again the request has been dismissed.

 

 

can the court really add another name to the original order?

 

 

Thanks in advance

[mambusa]

Any guidance would be appreciated as the court sent a bailiff round to collect debt, I told them that I had applied to have judgement set aside, but as that has now been dismissed I fear they will round again.

[dx100uk]

proof of ownership is not a valid set aside reason

[mambusa]

is proof of ownership needed to get a court order