Cabot Finance bought a debt with a court order on it

[unicorn77]

On the N245 it states 'a reduction in the instalment order'

I assume I would be marking this box since there has been no warrant requested?

 

When the paperwork came through from memory i'm certain it only stated that I was liable for the debt with no instalment stated,

it was a fair few years ago so maybe it was forthwith.

 

Also if I enclosed an initial payment would i write a cheque to the creditor or court?

 

Sorry to be 'that guy' but I just made an interesting discovery.

 

I thought i'd check the land registry to make sure everything added up before sending the N245,

it's literally ready to post,

and it came back with this

 

(*.07.2015) Equitable charge created by a final charging order of the

County Court at * dated * July 2015 in favour of Bluestone Credit

Management Limited

 

it would appear that Cabot hasn't even had the CCJ/Charging Order assigned to them.

 

So does anyone have an idea on procedure?

 

Even if I sent the N245 to the county court with Cabots name on with a cheque made out to Cabot

 

i'd assume it'd either get returned by the court or get sent to then returned by Bluestone saying the debt is nothing to do with them?

 

Also if I pay Cabot then surely i'd be at risk of also paying Bluestone when the house is sold?

[dx100uk]

So not even in their name. ... :lol:

[unicorn77]

No:lol:

 

OK, after looking through this I might have found another way through.

Obviously you guys are the professionals and i'm the one that's picked things up as i've needed to find out.

 

 

looking at all the info I have

 

The CO isn't in Cabot's name, it's in Bluestones

 

Checking my Credit report Cabot don't even have this account on them,

it's Bluestone and is showing as £0 balance with a monthly payment made from 2009.

 

Could I put in to have the CO discharged?

then make Cabot do the whole prove it thing?

 

 

How would I do this?

or could it even be done?

[AndyOrch]

No you cant get the Charging Order discharged.......lets get back to Cabot and Bluestone.

 

Obviously the Solicitor knows there is a charging order as it states so within their letter post #42..it also states their client (Cabot ) is aware.

 

With regards to it showing on your CRAs as Bluestone not Cabot..what date was the judgment ?

 

Andy

 

PS Hold with the N245 for now.

[unicorn77]

Yes Cabot and their solicitor know there's a charging order, but all the court paperwork will go back to Bluestone who I assume would want nothing more to do with the debt and would consider it closed.Would it hurt putting a discharge of registered charge in to Blustone since It's free and I've already paid for the land registry info?

 

The CCJ was given March 2014, the account goes back to December 2009

[AndyOrch]

You cant discharge the CO..the judgment still stands...the fact that Cabot have not changed the Judgment name is their problem.

 

So until they do ignore the above letter as they cant execute the judgment until such time they change the name.

[unicorn77]

OK Thank you. I'll wait until they change the name before sending the N245 off. Would I get any notice of the change of name?

[dx100uk]

yes from the court

 

 

don't sent that 245 off till we recommend mind

[unicorn77]

OK sure thing. I'll report back when I hear something worth while

[unicorn77]

So I know some of you were keen to see how much Cabot put into this £600 debt, and thanks to their persistence the answer arrived this morning. I made a condensed statement but including the fee they had to take off for losing the case they put £400 into it:lol:

[unicorn77]

Small update...for the ones that forgot/never saw. Bluestone credit management got a CCJ in 2015, Cabot bought the debt they've threatened me with the CCJ even though the owner is still Bluestone.

 

This arrrived, the CCJ is still in Bluestones name

[Old Cogger]

contact them and agree a repayment it may cost you a lot more if you do not, CCJ was originators they have purchased all rights/responsibilites to the CCJ sure others will same the same so see what others say???

[unicorn77]

I went to apply for a variation directly at the court, problem being it's still in Bluestones name so it would go to them

[dx100uk]

You cant discharge the CO..the judgment still stands...the fact that Cabot have not changed the Judgment name is their problem.

 

So until they do ignore the above letter as they cant execute the judgment until such time they change the name.

 

 

so this still stands then.

 

 

what are they upto

 

 

p'haps andy will comment.

 

 

dx

[unicorn77]

Yep, I can only assume they don't know their client hasn't updated the court or they have no way of following procedure to update the court? The variation order is still sat here with the cheque in it to send

[dx100uk]

all cabot would have gotten is a few lines in a spreadsheet.

 

 

they filtered them for debts with a previous judgement

them thought to save money and by-passing the court

they'd change letterhead and see if they could spoof you and a few others in the same boat on the lemon bucket list they bought off bluestones with a few scary letter.

 

 

they were not the claimant on the judgement they cant enforce it.

[unicorn77]

Exactly my thoughts.

I'd rather not pay money to a company and have an outstanding CCJ for the original debt when i'm done paying.

 

I've contacted Bluestone about this and never got a reply so probably against advice I sent an N443 to the court to investigate.

 

Unless someones stupid enough to lose out on a 4 figure sum i'd be expecting it to be updated to Cabot so I can actually send in the variation order

 

Just to clarify I also told Cabot about my views on the debt, they replied saying they bought the debt therefore I owe them the money

[renegadeimp]

You pay whatever was stated on the court order to who the court order said. If capquest want the money, then they would have to be substituted for the claimant.

 

Capquest are known liars, or rather the phone monkeys are, as they are trained and told to say and do whatever it takes to get the money. They certainly arent legally trained.

[dx100uk]

N443? though that was to request a certificate of satisfaction?

[unicorn77]

I've not rang them, everything I do is communicated through letters,

it was actually the solicitors I corresponded with as the debt was given to them straight away to deal with.

 

I've no idea why they haven't had the name changed.

I can only assume they need to deal with paper work from Bluestones side which they can't be bothered with.

 

N443 is indeed a request for a certificate of satisfaction,

the court will contact the creditor.

 

To be honest based on the limbo situation and the selling a reselling of ccj debts i've read about that seem to lead nowhere something's got to be acted upon.

 

I'm attempting to pay the debt so it shows as satisfied which is why I wrote out the variation order a couple of months ago.

 

I have no interest in paying it just for the CCJ to be unsatisfied

[AndyOrch]

Wait and see if they are successful in making an application for AoE..if they are then the court has accepted that they are now the legal owners.

[unicorn77]

hmm, exactly the situation I was trying to avoid, but I should have an answer either way within 30 days so will report back with an answer:|

[unicorn77]

After sending in the N443 to prompt some action today I got a letter back from the court.

 

 

After reading numerous threads on people stuck in a similar situation

I think we finally have some kind of resolution for people stuck in a similar situation,

and that seems to be if the new creditor is dumb enough to not update the courts,

then the new creditor can pay the debt for you:lol:

[panther12]

Don't know what you put on the form to the court but I guess you got the cert of satisfaction as the court probably wrote to the claimant to confirm your position but never received a reply.