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Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. 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    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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Backdoor Cabot CCJ old co-op card - now Warrant of Control***Set a Side Uncontested***


primitive_man
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Sent email got Auto-Response with attached DOC file.

 

Auto-Response stated: Your email has not been forwarded.

 

Read DOC file, changed Subject Heading to requested format: "Copy Judgment" - I mean, that can't even spell Judgement!

 

Received Auto-Response with attached DOC file. Auto-Response stated: Your email has not been forwarded.

 

Corrected Spelling and re-sent.

Received Auto-Response with attached DOC file. Auto-Response stated: Your email has not been forwarded.

 

 

????

 

Sorry if I sound a little short

- got home from work at 6.30 and had about 2 hours sleep before being rudely awoken by an irate partner about 'doing nothing about it...'

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You prove its SB by getting all info from the OC.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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OK - The Credit Card was from The Co-op.

Last Transaction on the Account was 06/2012.

On 26/02/2013 the debt was transferred to Cabot.

The Account was closed on 23/01/2014 for being dormant.

 

The above is confirmed by the Co-Op Bank.

 

Period of time between Last Transaction and the CCJ (06/10/2017) = 5 years, 3 months, 10 days including the end date

 

So, SB does not apply I believe. Bow Locks!

Edited by primitive_man
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Update of your address to the initial claim form address

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N245 time then?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Set aside is n244 but I can't see a defence nor reason

 

N245 vary the judgment

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'll get to filling in the n245 over the weekend.

 

Can't afford the £800+ at the moment and even if the Bailiffs come, the only thing of any real value is the TV!

 

Partner is registered disabled and underwent a major surgery less than a month ago.

 

Still angry that they never contacted us about the CCJ

- so it's not like she could have made an appearance to defend or plead exigent circumstances.

 

I'd like to thank everybody who inputted advice - I am and always have been a big believer in forum help rings.

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would the issuance to the wrong address with proof not be enough to set aside?

 

Only if the op can prove the claimant or previously the OC were told of the current address in writing would there be a set aside reason...

 

And the OP would also need a defence for the original claim too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Still angry that they never contacted us about the CCJ

- so it's not like she could have made an appearance to defend or plead exigent circumstances.

 

Why? Its not their problem the defendant failed to inform their creditors of a change of address

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The op has said they have a statement from the OC with the correct address on it post #7

 

That was my thinking for the set aside

 

And could we not use the normal defence as their particulars are very vague

 

brill sorry was on a small screen..

 

still need a defence, the usual no paperwork/holding wont do no, as the CCJ issuance sort of trumps any need for enforceable paperwork now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

My guess is that Cabot gave the court a false or incomplete address so that any documents that would be sent informing us of the pending action never made it

- thus the judgement by default.

 

Obviously they changed the address back so that actions could be instigated, ie, Bailiffs.

 

Cabot were, without doubt aware of my partners address

- she has been in residence here since 2003 and on the Electoral Roll.

 

Also seems odd that the ONLY transaction in the file was the date of the last payment

- which we have no way of confirming,

though my partner swears that she stopped using the card long before that date.

Additionally, a note was added to the file that said 'No CCJ'.

 

...but, truly, I think we might be whipping a deceased equine here.

 

Cabot may or may not have 'played' the system in order to get a Default Judgement but the essence of the problem is proof or rather the lack of said.

Edited by primitive_man
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N245 vary the judgment

 

 

 

 

Plus apply to Suspend the Warrant on the same Form. Application cost £50 or if on low wage or certain Benefits then you could apply to waive the Fees.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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I think id get the N245 done

then we'll look at the poss set aside

 

what you describe is how most DCA's work sadly

but she still needs a defence for the original claim,

 

the address issue seems perfect for a set aside reason to me..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Dx can the op cca Cabot for the agreement or is that now defunct as they’ve got a ccj?

 

As looking at the dates it’s pre 2007 and may be a defence

 

Or can the do the 245 and vary it then do a cca to the OC?

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already answered in post 42

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Might be worth contacting the Daily mail as they have a campaign going on backdoor CCJ, and this one seems to have been obtained by deception. Sadly as DX indicates the CCJ trumps the original paperwork, so route advised by DX and ploddertom is best.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Against my partners wishes, I signed her up for a Noddle Account to check her credit rating and records of active accounts.

There are NO active credit cards on her account - and (I may be wrong) but don't credit check agencies generally keep records for 6 years?

 

If there are no records - then the time of closure must have been greater then 6 years.

 

Additionally, the Coop rep we spoke to first stated that the account had been archived and then, a few minutes later, after talking to someone in the Credit Card dpt managed to pull up the last transaction date and amount - which definitely does not tally with our time track.

Edited by primitive_man
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which was

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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