Unknown Cabot CCJ on vanquis card debt - now Notice of Issue of Warrant of Control Issued to old address

[od0s]

Hello all,

 

I really hope you can help me with how to handle this claim against me.

 

It is regarding a Vanquis agreement from 19 May 2010.

 

To cut a long story short,

I was suffering from a gambling addiction and took out lots of payday loans and credit I could not afford.

I have paid various debts back but could not afford all.

I ended up with 5 defaults against me.

 

 

With my credit file ruined, I kind of just buried my head in the sand, thinking I would have to wait a good 6 years to get back on track.

 

I have lived in 5 addresses in the past 6 years.

 

Without my knowledge, from nowhere, a County Court Claim form went to my old address (which belongs to my parent's).

They do not open my post, and nothing important ever goes there.

 

 

However, I dropped in last week and a claim had been sent.

I could not contest it or even acknowledge it

- I had missed the deadline by literally 2 days!

 

 

When I logged in online, it said a CCJ was issued against me

 

On Friday just gone, a further letter was received at my parents address - a NOTICE OF ISSUE OF WARRANT OF CONTROL

 

It says on this letter that 'Unless you pay the amount due before 25 August 2015 the bailiff will call and may remove goods for sale at public auction'

 

My elderly mother has opened this and is deeply scared.

 

I have tried to do lots of research but do not know what my best option is.

They are claiming £970.58 but I simply do not have this money or anyone to borrow that amount from.

 

The original limit was £500 so I do not know why it is so high.

 

I would have liked to have filed a defence, asking for proof of the debt etc as many people are succesful claiming against Cabot with Vanquis debt.

 

I considered asking for it to be set aside, but I fear this will be declined?

I did not update creditors with my various addresses.

I have moved a number of times since then.

 

If I ask for it to be set aside I fear wasting the £155 which I can ill afford.

 

Or I could file an N245 to ask for a repayment plan?

Is this still possible despite the Warrant being issued?

 

I am really in a state of panic - my mum is in tears thinking the bailiffs will visit this week

and take MY PARENTS goods to pay this old debt.

 

I really hope someone can help...

 

Thank you so much in advance

[Conniff]

Don't have a loan from friends or family, it will probably end in tears and the loss of a good friend and will do you no good but will make the dca happy.

 

 

As they can't take your parents belongings, they will have to come to an arrangement with you.

[od0s]

If I had received the County Claim form originally I could have dealt with it properly.

 

Now the CCJ and Warrant have been issued I am in a real panic.

 

I don't know whether to apply for an N244 or an N245 with the court. Would I even have enough time? The bailiff could visit my parent's home this week!!

 

Or should I call the bailiff directly? Would they let me set up a repayment plan with them? Either way my credit file is now screwed as I will have a CCJ on there for the next 6 years

[Conniff]

You will have to contact them and let them know that your parents address is not your address and let them have your current address.

 

 

If you make an income and expenditure sheet to show them what you can afford they will look at it. The bailiff himself won't be very interested as he gets his bonus on the money he takes which is why they say it all has to be paid now.

[od0s]

The claim form said £876.33 but I have just called the court and on their system is is £891.33...

 

I thought I had 28 days to pay this from the date of the CCJ (30/07/2015) ?

 

But the bailiff letter has put the amount as £970.58, obviously adding their fees already!

 

The court said I can contact the solicitors who the debt is with to ask for a settlement amount, and they can then tell the bailiffs to stop all action?

 

Is that correct?

[dx100uk]

its a civil debt - the bailiff can be simply & totally be ignored

HCEO I take it?

 

 

and anyway. they cant take anything not your

nor have any right of forced entry

[od0s]

The debt was for a credit card. I am going to borrow the money from a friend to pay it off tomorrow. Is this the right thing to do?

 

My main concern is I have a couple more defaults that are outstanding - could it lead to those creditors going for a CCJ too?

 

I am not one to totally run from my debt,

I would like to sort it all, and have paid so much back.

 

 

It is just from a dark time in my life when addiction had a hold on me.

.. the others are 1 loan I shouldn't have been able to get and a few payday loans.

 

I think I will arrange paymeny of this tomorrow - as it will mean it will be removed from my credit file I believe?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?445941-HCE-Visit-Today-unknown-autoglass-CCJ-**Resolved**

[dx100uk]

have you check it IS on your credit file?

it shouldn't be [as a CCJ] its not 28days since judgement?

 

 

dx

[AndyOrch]

As the judgment date is 30th July you quite rightly have 28 days to pay...so they are a tad early with their warrant of control..... the creditor has to pay a fee to the court for issuing a warrant of control. ... the bailiff should give you seven clear days' notice that they are due to visit you...hence the difference in amounts now due...you only pay £891.33.

 

 

Regards

Andy

[mikeymack2002]

Even though this has already gone to Court, can you not still reclaim all those added fees and over limit fees? Plus the interest due as well so you could end up in one way getting most or some of your money back? Also don't forget the dreaded Vanquis ROP plan as well!!!

[WindySock]

HCEO I take it?

 

It's a County Court judgment for a CCA regulated account, so can't be bumped up to the Hight Court for enforcement by a HCEO. Has to be a normal county court bailiff.

[AndyOrch]

It's a County Court judgment for a CCA regulated account, so can't be bumped up to the Hight Court for enforcement by a HCEO. Has to be a normal county court bailiff.