Backdoor Cabot CCJ old co-op card - now Warrant of Control***Set a Side Uncontested***

[primitive_man]

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...'

Edited January 25, 2018 by primitive_man

[jon8214]

All you can do is keep phoning

 

the claim form and judgment has the info the guys will need to help you

[renegadeimp]

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

[primitive_man]

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 January 26, 2018 by primitive_man

[AndyOrch]

[jon8214]

Not SB then

 

Any luck with the court docs?

[primitive_man]

Got the Court docs - redacted copy attached.

 

Don't know what the change of address on the 20th Nov is about - address didn't change.

Claim Details - Redacted.pdf

Edited January 26, 2018 by primitive_man

[AndyOrch]

Update of your address to the initial claim form address

[dx100uk]

N245 time then?

[jon8214]

The change of address is them trying to cover their backsides

 

N245 to set aside

 

If your partner is on benifits then they may be no fees

[dx100uk]

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

 

N245 vary the judgment

[jon8214]

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

[primitive_man]

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.

[dx100uk]

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

[jon8214]

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

[dx100uk]

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

[dx100uk]

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.

[primitive_man]

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 January 26, 2018 by primitive_man

[ploddertom]

 

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.

[dx100uk]

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..

[jon8214]

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?

[dx100uk]

already answered in post 42

[brassnecked]

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.

[primitive_man]

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 January 27, 2018 by primitive_man

[dx100uk]

which was