unknown cabot/mortimer CCJ filed at old address - old welcome returned car finance - now warrant/AEO

[thefunkymonk]

I have just gotten a Nottice of Application for Attachment of Earnings Order for a sum of just over £900 for CCJ issued in the CC busines Court Centre on behalf of Cabot

 

Looking on my CC file i see a CCJ was obtained in summer 2015 for Cabot which after some research appears to be Welcome finance related. (i will contact Mortimer Clarke to confirm who the claimed creditor is but am pretty sure it isnt anyone else)

It is the first time i have heard about this CCJ/debt.

 

I returned my car to welcome finance in 2011 and changed address three times since then.

 

I dont think ?I owed/owe them anything and I am not going to be paying £900 in any form if i can help it.

 

I understood i had no debt to them but prior to returning the car under the agreement, I had had some arrears which i had cleared.

 

My income is borderline for getting court fees paid

 

An AOE could affect my job as i work for the government in a finance related role.

 

I understand I can apply to have the CCJ put aside.

 

I understand I could apply for a stay of the warrant

 

I understand I can contact Welcome Finance for a Subject Access Request

 

I have to reply to the application in eight days

 

I don't think I had any PPI with Welcome Finance

 

If I complete the N55 notice of AOE order Form do i make offer payment of an amount and then make the other application (vary warrant or overturn CCJ) or should i simply make an application to suspend and tick the box on the N55 saying I want to the order suspended because I have made that application. Or something else ?

 

My income and expenditures are low and in the past i have made requests to vary judgements on grounds of low income that were accepted by courts after applying to stay warrant. but those were for debts i knew I owed and had had a chance to defend.

 

Thank you in advance.

Edited April 27, 2017 by thefunkymonk

[dx100uk]

have you the n56 too?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?472052-Cabot-Mortmer-N55-N56-on-default-judgement-issued-to-old-address

 

I would guess you let welcome VS the car rather than specifically requesting VT?

[thefunkymonk]

Thank you for your reply - it is very much appreciated.

 

Yes I have the N56

 

I did a VT on the car. I had paid well over 50% of the vehicle value plus interest.

 

I rang up welcome finance and requested return of car as i had paid off the required amount to rely on that clause in the contract. I was not in arrears at the time and had been up to date on payments for quite a while before.

 

i don't know how I would prove i told them my address

but as far as i was concerned they had taken the car a month or so at least before I moved address.,

it wasn't damaged either but went straight to auction according to the guy that collected it.

i have the condition report but not anything else from Welcome finance.

 

 

That report has a tick box wit has tick in the VT/VS box other unticked options include Court order, Reposession, other.

 

Having read the other post you linked to, that is obviously highly relevant to me.

Edited April 27, 2017 by thefunkymonk

[dx100uk]

follow and action from post 3 on that other thread

n244 is in the legal section of our library

 

I can almost 100% guarantee that welcome did VS which made you still liable for 100% of the agreement

they never did VT unless you put it in writing using the required letter format referencing section 99/100 of the CCA

VOLUNTARY TERMINATION OF AGREEMENT UNDER S99/100 CCA 1974

.

make SURE you fill the N56 out properly

 

keep us informed

 

Get an sar running to welcome

They'll be lots to reclaim and spoof insurances

And I bet you've an unlawful repo fee too

[thefunkymonk]

Thank you again.

 

so to fill in the N56 correctly, I have to complete income details etc.

 

Do I need to make an offer to pay a certain amount per week/month etc ?

 

Do I tick the "I would like a suspended order because box ? And fill that box in wit ha reason...i am applying to have the judgement overturned... ?

 

Can I / Should ( - return the N56n and make the application to overturn the Judgement once the N56 has been dealt with by the court ?

[dx100uk]

Go read that thread....

N56+n244

[thefunkymonk]

Ok.

 

The person you helped in the other thread was facing £7k.

 

I don't think I want to apply to have the judgement set aside until I have more details from the SAR.

 

I also don't want to pay £255 right now when I may be ordered to pay a small sum every month.

 

If I make an application to have the £255 fee remitted then it involves getting hold of a lot of copies of bank statements, pay slips etc which is going to take me a bit of time. If the paperwork isnt right, the court return the application.

Edited April 27, 2017 by thefunkymonk

[dx100uk]

you indicated you cant have a AEO because of employment issues?

surely the CCJ is already against that and causing issues or will?

[thefunkymonk]

I dont want to have to pay these tossers anything but if I can get to pay them a few quid a month until I can get to the bottom of the issue that is preferable to paying £255 right now.

 

I also dont want an AOE for more than a few quid a month.

 

An AOE might cause me some problems with my job but I am not overly worried about that. They are not going to fire me over this.

 

Also in that thread the fact the person applied to have the judgement set aside they ignored it and made an AOE anyway.

 

I have a couple of other CCJs i need to deal with so this extra one is not doing a lot the others are not and i would rather address them at a time of my choosing.

[dx100uk]

well the aeo was suspended afterwards and now it looks like the whole claim will fail for the claimant.

you might find it rather difficult to later suspend it if you agree to it now

pers i'd do as post 3 in that thread.

 

 

have you written proof that you VT'd not VS'd

it might pay you to ring the sols and tell them what you are going to do

they might seta side by consent at now costs.

[thefunkymonk]

No proof of VT not VS but I had paid well over 50% and was explicit.

 

I dont see how I am agreeing to anything as the form says they can send me to prison if i dont complete it. I appreciate the advice though !

 

I am going to ring the solicitors

 

Presumably the bank holiday isnt included in the 8 days I have to reply or is it ?

[dx100uk]

but you did it over the phone

welcome had you blind

nothing new there

 

I wouldn't worry TOO much about the time limit.

they don't know when you got it anyway ..as it wasn't? served in person..

 

tick the suspend box on the N56 and state your reason

why not say you VT'd the car with nothing more owing and are awaiting SAR from welcome finance to prove it?

 

BUT you must still complete all the I&E details otherwise they will return it.

 

Regards

 

Andy

[thefunkymonk]

Thanks again Andy. Much appreciated.

[dx100uk]

that was meant to be a quote from post 3 of that other thread with adaptions..

me not andy just nicked it...

[thefunkymonk]

I have found a copy of the letter I sent to Welcome Finance.

 

It is titled Voluntary Termination and " i am writing to notify you that I am exercising my right to terminate the agreement under section 99 of the Consumer Credit Act 1974"

 

I have now contacted the solicitors who said it was too late for them to do anything and they were just working on behalf of Cabot

 

 

they made the decisions and they would get Cabot to send the info to me and it would be a waste of time to contact welcome and ask for a SAR. So a load of bull**** !

 

I am sending the N56 back and putting in a SAR with welcome.

[dx100uk]

you shouldn't be ringing anyone

let alone tip off the opponents you've caught them out.

 

 

never ever do that again.

[thefunkymonk]

I did wonder.

 

Presumably because they can end up turning up to a future court hearing unprepared v prepared ?

 

The problem is that this catching them out is going to be costing me money as i don't see any way to claim anything back if i do have to go to court.

 

For all i know Welcome Finance will have found a way to add a lot of insurance etc to my bill and VTing the car (even though well over the minimum amount hasn't covered those charges they may claim I owe)

[dx100uk]

insurances are not included because they can be reclaimed anyway..

 

you play this right

you could be owed money here.

 

what you've done is not a wise move.

 

pass things before us before you act again.

[thefunkymonk]

Will do.

[dx100uk]

so you followed post 13?

have you sent it back yet?

 

 

dx

[thefunkymonk]

Form returned to court asking for suspension and SAR sent to Welcome with postal order.

[dx100uk]

and you stated the VT reason?

[thefunkymonk]

yes.. VT ..waiting sar to prove.. plus moved address and had no opportunity to defend CCJ plus aoe could affect my job...

[dx100uk]

not sure what you can do about the CCJ

but I firmly believe you have a good chance of a set aside

even though it was sent to an old address that you didn't inform them of..

you had no need too, you VT'd, and owed nothing more and have proof so that should be good enough to set aside.

 

 

sorry about the confusion over the phonecall BTW..

..my bad I was on a small screen and didn't read my previous posts

..

it was well worth the try as they might well have [or might still] allow the set aside by mutual consent FOC when they have proof you did VT.

 

 

dx

[thefunkymonk]

Ok So progress..

 

Today I received a "Notice of Transfer of Proceedings" from the CCMCC.

 

"because the Debtor did not file the N56 ..within the specified time"

 

"The receiving Court will arrange for a bailiff to serve an N61...the Attachment of Earnings application will continue at the receiving court and you will receive a progress report at each stage"

 

 

The date on my N55 was 24th April 2017. I received the N55 and N56 on the 26th April 2017 and my returned completed N56 was sent recorded delivery and was signed for on the 3rd of May (CCMCC M5 0BY)

 

 

 

What do I do ?

 

Call the CCMCC and point out that i was within 8 days of receiving the letter or wait until the Bailiff contacts me ? Or something else ?