Cabot/Restons MBNA Card CCJ and i didnt know i had it. ***Resolved***

[hitchy1]

I have today received a rejection to rent a property due to a CCJ on my account from February 2016.

 

I have absolutely no idea what this relates to and my research only gives a reference number at the Northampton CC business centre.

 

The debt is against an address I lived at over 4 years ago.

I am on the electoral register and have been renting my current property for 4 years with no missed payments or issues.

 

I have never received any paperwork for this so called debt including court papers or i would have taken action.

 

There has also been no attempt to get me to pay in the 19 months it has been on my record.

 

Can someone please point me in the right direction,

surely I'm entitled to see evidence and contest it.

 

Should paperwork not have been delivered requiring a signature?

[unclebulgaria67]

Phone the Northampton County Court bulk centre tomorrow and they will provide the details. Then come back for advice. If you click kn the bulk centre link, there are telephone numbers.

 

If you own a car and have had a PCN, it might have been a parking company obtain a CCJ, by getting the court claim sent to your old address. Or it could relate to anything going back years. E.g phone contract, utility bill.

 

Any court claim is sent to the address the claimant has for you at the time. It is all done online these days and if you don't get tne claim through the post, you can't pay or defend it.

[dx100uk]

Nope

You ran away from your debts without informing your creditors of a change of address I will guess?

So all Paperwork went to the last address you told the OC you lived at

 

So most probably a DCA Bought it and issued the claim form

 

Phone northants bulk

And using the CCJ number you have

Ask for a copy of the claim form and the CCJ

[hitchy1]

Thanks, will do.

What I don't understand is why they aren't chasing payment if a ccj is obtained?

Its not difficult to find someone's new address and its clearly on the search data and on the electoral register.

 

 

I didn't know I had the debt, the rejection has supposedly come from an Experian search

yet when I did a credit score a couple of hours ago it states 577 out of 599 Excellent.

Clearscore states that there is no adverse data on my file.

I don't get it!!

[unclebulgaria67]

Some companies apply for hundreds of court claims every week and just don't chase up the non payers. Presume the CCJ on record will be found at some point and debt then settled.

[hitchy1]

I understand that they use last known address, but if you dont know you have a debt then how can you be expected to leave a forwarding address?

 

 

Will i be able to get details and appoint a solicior to try and get it set aside?

[Bazooka Boo]

Absolutely no need to appoint a 'pointless' solicitor, why throw good money after bad IMO.

 

There is nothing they do that you can't.

 

First thing to do is get onto the court and get sight of this claim form.

[hitchy1]

Ok, will try and get the info tomorrow.

[unclebulgaria67]

What £255 for a court set aside application and probably at least £500 for a Solicitors.

Money you would not get back.

 

You are unlikely to get a set aside anyway, unless you have a proper defence.

 

 

Get the claim info and come back for advice on whether it is worth pursuing and if so how.

[hitchy1]

But if i do nothing then presumably they can send in bailiffs for a debt i didnt know i had.

 

 

Also its affecting me getting a rental agreement,

ive just lost £400 on an application as i failed the application process so how do i now get a house if i dont resolve?

[dx100uk]

well they've not used bailiffs to date

and anyway they would be court bailiffs and the N244 it not done by then will sort them

as will a variation order N245..

 

however we don't know how to play this yet.

you don't even know the claimant who got the CCJ...

 

even if you pay it off it WONT be removed

 

the only way to get that done

is by the N244

but if you didn't inform the original creditor nor latterly the DCA that you'd moved.

 

as it stands I cant see a set aside reason

let alone a defence for the debt.

both of which you'll need to set aside

 

get the info first

how much was the CCJ for?

have you checked noddle credit file provider?

[hitchy1]

The only info i can find is the case number which i got earlier by paying £4 but it doesnt give any other detail although the sum is for £7k.

 

Back in 2007 myself and then wife were in a debt plan with ccs i think and paid a sum of money each month to cover this

i think they are called stepchange now.

 

We divorced in 2012 and the plan ceased.

I settled a couple of debts which i was aware of and the plan stopped.

 

The only thing i can think of is the possibility of a loan or credit card which goes back as far as 2003 and that company no longer exists so was probably passed to a dca.

 

Im not sure noddle will give me anything more than Experian and Clearscore both of which give me an excellent rating and state no adverse history.

I have had no loans or credit cards since at least 2005 maybe sooner hence why im so unsure.

[dx100uk]

well its not unknown for DCA's to purposefully file a backdoor speculative claim on statute barred debts

as no human ever checks anything.

 

so will be interesting to see what the debt originally was and when last payment was

nowt you can do till you ring northants bulk as I detailed above.

 

 

dx

[hitchy1]

I have received the info or what there is of it from the court.

 

The debt relates to MBNA from March 2003 apparently assigned to Cabot in November 2005.

That would have been around the time that we entered a debt plan with cccs and this was probably a part of it.

 

I have no paperwork or history of the debt and no idea of an original loan whatever that may have been.

 

The balance currently is approx. £1000 more than it was originally.

No paperwork submitted to the court and the solicitors are Restons.

[unclebulgaria67]

The court can provide a copy of the claim information, so you know the exact wording the claimant used. This is quite important, if you want to look into getting the CCJ set aside.

 

Suggest you find out when you stopped making repayments via the debt plan and then see if 6 years passed before the CCJ was applied for.

 

You need to start digging for info, as otherwise you have no way of dealing with this matter, other than settling the CCJ, so at least it is noted as paid.

 

No point moaning about the court claim going to an old address. That won't get you a set aside, if you never kept creditors informed of your address. The credit record address being updated is a red herring, as creditors can issue a court claim to the address last provided by you,

[hitchy1]

to my knowledge it is likely to be around 4 years since any payment was made via the debt plan and then when we divorced there has been nothing and you are correct at that time I wouldn't have left an address.

 

The question now for me is am I entitled to question the legality of the debt and to request info proving it was mine and assigned accordingly?

 

I have been sent all the info from the court via e mail and it is literally 3 lines showing what I already described.

The person I spoke to in Northampton stated there was no documentation.

[unclebulgaria67]

Was this MBNA debt in your sole name ?

 

When you set up the debt repayment plan you accepted owing the debt, so what has changed ?

 

With court claims using the bulk online process, the court does not get any paperwork, unless the claim is defended and progresses towards a hearing.

 

You are really too late in regard to the CCJ. Yes you could start to send off subject access requests to MBNA, the claimants etc, to see what they can provide. Perhaps the debt includes excess fees, PPI that can be claimed back. Perhaps there are issues you can use as part of a set aside application. But that might take you months to assemble the info, before you got around to apply for a set aside application. Court rules require any set aside to be made promptly, so you might just get refused.

 

See what other opinions are added to your thread and decide what the consensus is.

[hitchy1]

So the ccj is here to stay,

but are you suggesting i now make contact and try and agree a settlement?

 

 

I would have an issue with this because i dont believe the ammount to be correct

and i would want evidence of any agreement.

 

 

Bearing in mind they havent made any attempt to collect on the ccj it all seems a bit confusing.

 

 

Some say dont waste money on a solicitor but is that not what they get paid for.

[AndyOrch]

A solicitor cant offer anymore advice than has already been offered above...apart from lighten your wallet.

 

Regards

 

Andy

[Bazooka Boo]

All a solicitor is, is a guy with a library of books on law, he picks up the book relating to their clients case and reads up on it.

 

Then charges the earth for doing so, IMHO solicitors are as useful as indicators on a submarine, you can do everything they do, and it only costs you tea and time.

[unclebulgaria67]

So the ccj is here to stay, but are you suggesting i now make contact and try and agree a settlement? I would have an issue with this because i dont believe the ammount to be correct and i would want evidence of any agreement. Bearing in mind they havent made any attempt to collect on the ccj it all seems a bit confusing. Some say dont waste money on a solicitor but is that not what they get paid for.

 

It is unfortunate you did not confirm your new address with all of the creditors you were paying via the debt plan.

 

The CCJ is recorded and if you want to fight it, then make urgent Data Protection Subject Access Requests to Cabot and MBNA. It is up to you to then make a set aside application, with points of defence that you were unable to make as you did not receive the court claim. It is not advisable to apply for a set aside without information to support reasons for defending the claim.

 

Once you have full information, then seek further advice.

 

You want to see full details of statements showing payments made, fees added, any PPI. A copy of the default notice issued by MBNA, a copy of the notice of assignment showing the debt being transfered to Cabot.

[hitchy1]

This seems to be the next step.

Is there a standard form or do I just request the details you have stated.

Do Restons as the solicitors need informing?

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

I would also advise getting details of what was paid through your DMP

[hitchy1]

As a matter of interest, below is the full transcript provided by Northampton court business centre.

The date states on or about! do they not have to provide a signed document as proof?

 

THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND MBNA DATED ON OR ABOUT MAR 18 2003 AND ASSIGNED TO THE CLAIMANT ON NOV 21 2005 PARTICULARS A/CNO xxxxxxxxxxxxxxxxxx

DATE ITEM VALUE07/01/2016 DEFAULT BALANCE POST REFRL CR NIL TOTAL xxxxx

[AndyOrch]

As a matter of interest, below is the full transcript provided by Northampton court business centre. The date states on or about! do they not have to provide a signed document as proof?

 

THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND MBNA DATED ON OR ABOUT MAR 18 2003 AND ASSIGNED TO THE CLAIMANT ON NOV 21 2005 PARTICULARS A/CNO xxxxxxxxxxxxxxxxxx

DATE ITEM VALUE07/01/2016 DEFAULT BALANCE POST REFRL CR NIL TOTAL xxxxx

 

Nope thats a pretty standard particulars of claim from this crew///vague and limited...basically because they dont really know what the debt is apart from an account number the balance and your name and address.

 

They have porobably purchased your debt for around 15p in the £....you do the figures.