Backdoor Cabot CCJ - old Halifax Card debt - now AEO

[knapper78]

I have received a letter from the county court saying that an attachment of earnings order has been requested by Cabot and I have 8 days to reply or they will enforce it!!

 

This from an old Halifax credit card that I haven't made a payment on since 2010,

the debt is for £4,080.

 

I'm really panicking as I don't know what to do!

I haven't had any previous contact from Cabot,

 

I rang the court and asked how this was even legal as I didn't even know if I owed it

to which I was told if I ignore it they will enforce it and to go back to Cabot,

 

I've tried calling them but got no answer and they haven't rang me back!

 

I went to the citizens advice yesterday and was told to fill in my income and outgoings and take it to the court!

 

I'm in a real mess,

 

can someone please help and give me some advice on what I can do please.

 

Thanks in advance

[dx100uk]

so they got a backdoor CCJ at an old address

go look at you credit file

find the CCJ number

then phone Northants bulk and ask for a:

a pdf copy of the judgement and of Claimform

 

 

dx

[AndyOrch]

Hi knapper78 I have moved your thread to Financial Legal Issues in view of the CCJ issue.

 

Look at the n56 there should be a claim number near judgment details.....once you have this you can contact CCBC Northampton MCOL to get the details of the claim particulars and judgment.

 

Have you moved home since 2010 ?

 

You must complete and return the n56 within 8 days ...but before returning it get the details of the CCJ as above.

 

Regards

 

Andy

[knapper78]

Thanks guys.

 

There's is a judgement creditors ref: could that be it?

 

Also, is there a way to stop them from going ahead with the attachment of earnings order?

 

There is a box with Suspend order on it, do I tick that and give the reason that I haven't had sufficient time?

 

Thanks again

[AndyOrch]

Thanks guys.

 

There's is a judgement creditors ref: CLA/JNS/2949595 could that be it? Also, is there a way to stop them from going ahead with the attachment of earnings order? There is a box with Suspend order on it, do I tick that and give the reason that I haven't had sufficient time?

 

Thanks again

 

That will depend on what you get from Northampton...if you have no defence then no point setting it a side or suspending the order.....unless you wish to pay the claimant direct and not through your Salary .

 

Regards

 

Andy

[knapper78]

This CCJ is from Middlesbrough court, do I go there?

 

I'm sure Halifax would have already issued a CCJ so would it be best to find that one?

 

Am I right in thinking that it's only Halifax who can issue a CCJ?

 

What am I looking for on the CCJ?

[AndyOrch]

This CCJ is from Middlesbrough court, do I go there? You mean the AOE ? I'm sure Halifax would have already issued a CCJ so would it be best to find that one? Halifax have not issied it Cabot has Am I right in thinking that it's only Halifax who can issue a CCJ? No

 

Only the claimant that has the judgment can request the AOE.

 

Andy

[knapper78]

Thanks Andy

 

Yes I have moved since 2010 so I've never received a CCJ from anyone. This letter doesn't have a CCJ on it it's just the AOE

[AndyOrch]

Thanks Andy

 

Yes I have moved since 2010 so I've never received a CCJ from anyone. This letter doesn't have a CCJ on it it's just the AOE

 

Oh dear and didnt inform Halifax of your change of address ?

 

I think your getting a tad confused here...the N56 is from Middlesbrough court ...correct ?

 

On the n 56 it should state details of the CCJ /Judgment...claim number ?

 

So to find out about the claim and judgment you ring Northampton CCBC MCOL...once you have all the information you can then decide how to proceed.

[knapper78]

Ok, I've rang Middlesbrough court, they said it would cost £10 admin to get a copy of the CCJ but she read out what was on the screen.

 

It's for a Halifax credit card Jun 09, balance £3,693.94

 

It was bought by Cabot in 2014 (the balance is now £4,080.94

 

What should my next steps be?

 

Thanks

[AndyOrch]

Refer to my post #5

[knapper78]

Sorry, I'm confused.

I rang Northampton and was told that it was with Middlesbrough

I rang them and was given the information, what else should I be asking for?

Sorry for being a pain.

 

Thanks

[AndyOrch]

Okay I will go through it again......

 

A Court claim was issued to your previous address from Northampton CCBC...for the Halifax account that you had defaulted on which was bought by Cabot.

 

Because you didn't inform Halifax of change of address and Cabot bought the debt they sent it to your previous address...so you had no knowledge of the claim or couldn't defend it.

 

Previous address is legally acceptable to send court papers because you didnt inform them of change of address.

 

Because the judgement (CCJ)was issued and you have not paid it the claimant (Cabot) are now executing the CCJ by way of the Attachment of Earnings which has been issued by Middlesbrough Court.

 

Options.....

 

If you think you should or could defend the claim you can set a side the judgement by making an application (fee is £255) if you do you can tick suspend on the n56 for that reason.

 

If you have no defence to the claim then you must complete the N56 and return it to the court and the the debt will be taken monthly from your salary.

 

If you wish that your employer does not take it from pour salary you can make arrangements to pay it direct to Cabot and therefore again tick suspend but return it and state why.

 

Andy

[knapper78]

Ok thanks, I get it.

 

How would I know if I can defend it?

I've read in some posts that after 6 years debts can't be chased, is this true?

As I haven't had any contact or made payments since 2010 this would make it over 6 years.

 

Thanks again

[AndyOrch]

Then that would be a reason to set a side if the debt was statute barred...but as yet you still have not stated the date of the claim or the judgment date so difficult to establish the 6 years ?

 

Hence the call to Northampton Court to get a copy of the claim and judgment.

 

CCBC will email a copy free of charge.

[knapper78]

I've managed to find the claim number so I'll call them now, thanks

[knapper78]

I've just spoke to Northampton and they have told me the same as Middlesbrough that it would be a £10 fee and that it is held with Middlesbrough court

 

The date of the CCJ is Jan 2015 if that helps?

[dx100uk]

not statute barred then...

[AndyOrch]

I've just spoke to Northampton and they have told me the same as Middlesbrough that it would be a £10 fee and that it is held with Middlesbrough court

 

The date of the CCJ is Jan 2015 if that helps?

 

Depends who you speak to I suppose...plenty of posters here who get it free.

 

Okay because the attachment of Earnings has been issued the file would have been transferred to Middlesbrough Court..as its at local level now no freebies.

 

So as it appears not to be statute barred......then I would advise completing the AoE N56 as you do not have a valid defence.

[knapper78]

not statute barred then...

 

Can I not challenge Cabot to see if they have all of the correct documentation or is it too late?

 

Thanks

[AndyOrch]

Can I not challenge Cabot to see if they have all of the correct documentation or is it too late?

 

Thanks

 

Too late.....you can only do that if you get a court claim and defend it......note to self for future reference always advise all of change of address....even old defunct debts.

[knapper78]

Too late.....you can only do that if you get a court claim and defend it......note to self for future reference always advise all of change of address....even old defunct debts.

 

Thanks for your help mate. I received a letter from Robinsons yesterday about my old loan that I had at the same time as the credit card, should I take action on that?

[dx100uk]

start a new thread for that

 

 

dx

[AndyOrch]

I would start a different thread knapper for that..always keep debts in separate threads.

 

Start it in the Debt Collection Agencies Forum.

 

Andy

[knapper78]

Thanks guys, much appreciated