Court Bailiff at door, unknown Cabot CCJ for family fraud Cap1 CCJ

[jacmum1979]

Hi everybody, been a while since i have visted (that long i've totally forgotten my old username and email address so had to reregister)

 

a couple of years ago we noticed on hubby's credit file a capital one account in his name but at my parents address

(he's never lived there, never even used the address)

account was started in 2009 according to the file.

 

I remember sending a letter to Capital One which i'm hoping i still have a copy of on an external hard drive otherwise i'm probably knackered, it was asking for a copy of the agreement, and i stupidly stated it was at an address he'd never lived at and he has nothing to do with this account.

 

 

We received a copy of the agreement but with our current address on and then the files were updated at the credit reference agencies and my parents address went completely off his file not even showing as linked,

it was also applied for online so hes not physically signed it nor did he hand sign the letter i sent.

 

My concern is we today had a bailiff turn up whilst i was out,

he left a letter

 

 

i called him, he was very understanding as i explained we'd never heard no more and we believe the debt isn't hubby's but not sure how we can prove this and i know i should've chased it to see what was going on but we moved house and i concentrated on sorting newer debts out.

 

 

They actually did a trace on hubby as we never responded to the court letter which we didn't know about as we had moved.

He explained what we needed to do and to just keep in touch with him whilst we deal with Cabot.

 

my question is, is there a way i can prove this and can anybody offer me any help on the next step,

i really dont want to pay for a debt that i'm 100% sure isn't ours, were trying hard to clear debts and don't need any adding.

 

It doesn't look like i've kept the original credit report that had found the info on unless the agencies hold copies that i ordered.

 

I may have a copy of the letter i sent them questioning the account i will check this evening.

 

I do have a copy of the original agreement and a letter to say it was applied for online which capital one sent me.

 

I need to check the account number that Cabot have as the agreement and lowells numbers differ slightly which i noticed a few moments ago, we cant ever recall him having a capital one account since he shut an old one down 15/16 years ago.

 

There is no capital one account showing on his report anymore.

 

The account defaulted in May 2011, i can see that under Cabot Financial.

 

Thank you in advance for any help/advice you can give me, apologises if i don't reply straight away.

[renegadeimp]

Doubtful its a bailiff unless the creditors been to court and got a CCJ and you failed to pay. Perhaps it was a DCA doorstep collector?

 

Check the credit file AND trustonline and see if a CCJ is registered.

[dx100uk]

so they got a backdoor CCJ at the old address then

looks like this was fraud by someone getting your old mail

 

can you scan up the letter he let you please

to PDF upload

 

go get his credit file

if he has a CCJ it should be showing

[jacmum1979]

I spoke with who I believed to be Cabot once hubby was home to authorise me to find out it is in fact Mortimer Clarke

 

 

I didn't pay a lot of attention earlier when I first rung,

we have heard nothing from these at all,

 

 

she said they issued it to court on 6th December 2015 which I explained we no longer lived at that property, we notified everybody that needed notifying and i had letters passed onto me for a month after moving and still nothing. So it's intact Mortimer Clarke.

 

I explained I believed it still isn't hubbys debt and all she kept saying is whilst it's with the court they can't do anything it has to go back to them for them to be able to speak with us properly because it is a reissue as the baliliff went to our old address the first time.

 

I've found a ccj checking his noddle file.

 

The address the account was first registered in I know as it's my parents but how do I prove it was originally at that address and how do I prove hubby didn't open this account?,

 

 

unfortunately mother has done this previously and I forgave her as she suffers with severe depression and is a spendaholic,

 

 

do I just sort a plan out and pay it or do I continue to try and prove it isn't hubbys which I'd prefer but is it easy enough?

 

I've tried uploading it of my phone but haven't a clue what I'm doing sorry, so I'll do it when I get to work tomorrow if that's ok?

[dx100uk]

sorry we should have advised to stay of the phone

you shouldn't talk to any of these fleecers ever

as they'll say anything to get money out of people.

 

CCJ confirmed

 

cabot the claimant

Mortimer the sols

same lot.

 

get an sar running to cap1 NOW

 

and you need to ring northants bulk court

quote the CCJ number

ask them to send you a copy.

 

I would assume the bailiff advised to go for a set aside as this is fraud?

[jacmum1979]

Thank you for your help so far.

 

I have attached a copy of the letter hubby was left.

 

I'll get the SAR done today, am i right in thinking he shouldn't personally sign this, just his name at the end on the pc and send recorded delivery (which i always do)?

 

Its not Northants its one closer to us, assuming that's because its a reissue? I'll call them for a copy of it at lunch.

 

No he didn't advise me to do that, he just said hubby needed to ring the number he gave me, explain it to them and then just to update him tomorrow. I don't think he was grasping what i was saying. I'd like to call him at dinner to explain so he doesn't come round again but what do i say, do i tell him i need to apply for a set aside?

 

Thank you

Bailiff Notice - Jacmum1979.pdf

[unclebulgaria67]

I think your Husband should write to whoever is dealing with this Mortimer Clarke or Cabot, sending a copy to this court bailiff.

 

In the letter explain about not knowing about this court judgement as no previous papers received, as they were sent to a previous address.

 

Also explain that he has never taken out any account with Cap1 at any time and believes it may be a case of fraudulent application.

 

That he will need to obtain all information from Cap1 via a Data Protection Subject Access Request and this may take time.

 

Once the information is received he will come back to advise them what he has found out.

 

Ask them to put matters on hold for say 2 months to allow Cap1 to respond.

 

In the SAR letter, if you are worried about them copying/pasting on to documents, he can always sign over a row of xxxxxxxxxxxxxx.

If he does not sign the SAR, it may not be actioned.

 

It costs £255 to apply for a set aside and that means a hearing if a defence is stated that needs a hearing.

Your Husband does not have enough info until the SAR comes back.

 

Your Husband needs to think about what he would do, if it turned out a family member had made the fraudulent application.

He might have to swallow paying the CCJ, rather than report to the Police.

[jacmum1979]

Oh my gosh that's over half the cost of paying the CCJ.

 

I'm in two minds whether to agree with hubby and us pay it as his credit file is damaged for another 5 years anyway and sort it with her to pay us as i know how shes suffering and believe that needs to be sorted to help her on the right track or report her as she really does need teaching a lesson as its happened before in the hope she may stop and it give her a wake up call but then i dont agree with paying something that isn't ours.

 

But then if i agree with hubby i've wasted your valuable time aswell, its just such a headache to deal with when im trying so hard to sort our lifes out and get back on track for this to happen.

 

Thank you all, i'll call hubby at dinner and see what he wants to do,

but i shall do the SAR anyway just to prove to her i know about it all and what shes done no matter which option he chooses.

[dx100uk]

just a thought here

as I've travelled this road myself and funnily enough doing it again now on another fraudulent card we've found out about, sadly the perpetrator has died!

 

 

when we found out about the one last time

the person that did it wrote a letter confessing to it.

I contacted the claimant and told them this over the phone

sending a copy of the letter by email.

 

 

they agreed to a set aside and dropped the whole thing

IF they agree it costs you nothing..

 

 

just musing here.

[ploddertom]

The most important issue here is to deal with the County Court Bailiff. An application to Suspend the Warrant should be made on Form N245 - cost £50 unless on low wage or certain Benefits in which case it is possible to have the fees waived - see Forms EX160a & EX160c for details.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?406097-LEGAL-EX326-I-cannot-pay-my-Judgment...what-options-do-I-have.-**Correct-as-at-Sept-2015**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-April-2016**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**