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HSBC CCJ/CO sold/assigned to Cabot


Elfet01
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This matter again raises its ugly head.

 

Four years ago had a CCJ and charging order on debt With HSBC,

 

I was informed before Christmas that the CCJ and Charging order had been sold NOT ASSIGNED to Crapbot,

 

letter from Mortimer Clarke,

saying pay our client through us (they're part of Cabot group)

 

I asked them to supply proof they sent me copy of letter of sale from HSBC.

 

I believe they cannot use CCJ and charging order to intimidate me into paying them without changing claimant on CCJ and Charging Order,

am I right?

 

Or will they continue to bluff and bully as I will not roll over until they do things right.

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They have to be named as the claimant to collect. This doesn't happen automatically and they have to apply for it. Cabot also only deal in non enforceable debts.

 

Time to do your homework. Sar the oc and contact the court and find out who the current named claimant is.

 

 

Can you give more info on the ccj please.

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..

 

 

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HSBC don't do court often

 

are you SURE they were the claimant?

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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Most "Solicitors" acting for DCAs are not but are semi legal depts of the DCAs, or bluffing bullies!!

 

The ones dealing with the sold CCJ are Mortimer Clarke part of the Cabot financial group.

 

As for their collection ability, the debt has been sold to Cabot there is no change of claimant on judgement or charging order, the original claimant has written to me saying the debt has been SOLD and they no longer have any interest in the matter,

 

so I believe

 

1. the debt and therefore CCJ has been sold (not sure if this is lawful)

 

2. if the debt is sold it has been satisfied.

 

3. A new CCJ cannot be taken out on the same debt.

 

Therefore can I just ignore the demands?

as the only thing the new "claimant" can do is to apply to court and Land Registry to change claimant details.

 

Any thoughts?

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Most "Solicitors" acting for DCAs are not but are semi legal depts of the DCAs, or bluffing bullies!!

 

The ones dealing with the sold CCJ are Mortimer Clarke part of the Cabot financial group. As for their collection ability, the debt has been sold to Cabot there is no change of claimant on judgement or charging order, the original claimant has written to me saying the debt has been SOLD and they no longer have any interest in the matter, so I believe

 

1. the debt and therefore CCJ has been sold (not sure if this is lawful) Perfectly lawful to assign judgment debts

2. if the debt is sold it has been satisfied. Incorrect... its still owing and you must make arrangement to pay the new owner

3. A new CCJ cannot be taken out on the same debt. Correct

Therefore can I just ignore the demands?as the only thing the new "claimant" can do is to apply to court and Land Registry to change claimant details. Your choice but they do have a further option to force sale your property

 

Any thoughts?

 

Regards

 

Andy

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Still need to check if cabot have substituted themselvs as the claimant. They rarely ever do, and remember, they do not chase legit debts. The other creditor likely knew this CCJ was UE and prob got a CCJ just out of spite.

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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Still need to check if cabot have substituted themselvs as the claimant.

 

They only need to do that if they wish to execute further

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You sound like a solicitor Andy! Please note as I said debt has been sold not assigned, I believe that the DCA can threaten all they want if they dont change via court and charge claimants then they can get stuffed.

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Assigned is the legal phrase used when selling debts (consumer credit agreements) to a third party..the relevant legislation is section 136 of the Law of Property Act.

 

http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/136

 

https://www.hendersonchambers.co.uk/2014/02/07/consumer-credit-column-october-2012/

 

Regards

 

Andy

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If I read the terms (typical legalese, confusing and aimed to confuse crap) of the Law of property act correctly,

the assignment has all the original creditors legal rights,

does that mean that the CCJ is automatically re assigned to the new "claimant"

 

if this is the case why havent the new owners just taken this back to court?

If this debt has been assigned I have the right to view the deed of assignment?

 

In past cases in court I have successfully won after no deed of assignment was correctly presented to the judge.

 

I can see where your coming from Andy, as a man who's successfully defeated **** DCA in the past

it appears I will have to make my own way from here.

 

Should I win this case I will come back to this site not to gloat but to inform.

 

Adieu for now

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If I read the terms (typical legalese, confusing and aimed to confuse crap) of the Law of property act correctly,

the assignment has all the original creditors legal rights,

does that mean that the CCJ is automatically re assigned to the new "claimant" Yes...but not a new claimant......a Debt buyer(Carboot)

 

if this is the case why havent the new owners just taken this back to court? Because there is nothing further at this stage in connection with a court...you simply continue to pay them

If this debt has been assigned I have the right to view the deed of assignment? You should have received a Notice of Assignment pursuant to the above legislation ?

 

In past cases in court I have successfully won after no deed of assignment was correctly presented to the judge. Sure it was the Deed and not the Notice of Assignemnt ?

 

I can see where your coming from Andy, as a man who's successfully defeated **** DCA in the past

it appears I will have to make my own way from here. If you were not making payments to the previous creditor...its your choice whether to start paying Carboot...they have their charging order as security already...but there a few other options of execution open to them should they wish to execute further.

 

Should I win this case I will come back to this site not to gloat but to inform.

 

Adieu for now

 

Regards

 

Andy

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I bet crapbot haven't even mentioned the CCJ / CO

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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Charging order is in name of original claimant who have now sold debt.

 

Irrelevant...its connected to the CCJ .....which was assigned to Carboot

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and the judgement states claimant is HSBC

 

Also Andy,

 

who seems to ere on the side of the DCA,

 

you say crapbot have the charging order ??

 

and various other forms of execution what are they, door step visits ooooooo!

 

threatening letters ooooooo back to court oooooo good.

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Also Andy, who seems to ere on the side of the DCA,(Obviously you are yet to read any of my 50K posts or look in the Financial Legal Success Forum of all the court claims won against DCAs.):roll:

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

you say crapbot have the charging order ?? Yes they do because its been placed against the HSBC CCJ which they now legally own

 

and various other forms of execution what are they, door step visits ooooooo! threatening letters ooooooo back to court oooooo good County Court Bailiffs (controlled goods agreement’.) Attachment of Earnings/Third Party Debt Order/ Bankruptcy/Force the sale of your home to get their money .

 

I have explained fully the legal position with regards to your post Elfet01 whether you are prepared to accept the position is your choice.

 

Regards

 

 

Andy

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so tell me what their next step maybe
See post #18 but that is dependant on what your next step is.

 

also you state the legal position what is the lawful position?

 

One and the same

We could do with some help from you.

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  • 2 weeks later...

I have also got one of these Global Substitution Orders connected to a previous thread, (can a CCJ be sold)

 

all I want to know is does this trump ( bad use of term!!) O.C. CCJ and charging order.

 

Will the original court inform me?

Will paperwork be changed

 

Crapbot have now threatened to go back to court to get an attachment of earnings, this is a joint CCJ I am retired, my wife is still working.

 

Been looking on websites

this is an extract from Mortgage Finance Gazette (incidentally a GSO costs a one off fee of £45!!) GSO

 

Applications proceed on very similar lines to individual substitution applications.

They can be made without notice and must satisfy the usual requirements of Part 19 of the Civil Procedure Rules regarding the substitution of parties in existing proceedings.

 

Evidence of the transfer must be shown, together with evidence that affected borrowers have been given notice of the transfer.

 

The draft order should contain a schedule providing details of each claim, including the claim number, the county court where the claim is proceeding and the name of the defendant(s).

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I have also got one of these Global Substitution Orders connected to a previous thread, (can a CCJ be sold) all I want to know is does this trump ( bad use of term!!) O.C. CCJ and charging order. Will the original court inform me? Will paperwork be changed Crapbot have now threatened to go back to court to get an attachment of earnings, this is a joint CCJ I am retired, my wife is still working. Advise please.

 

Are you not currently making any payments to the original Judgment claimant ?

 

Andy

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No,

original judgement claimant sold the debt and informed us they had no further interest in the matter and that as far as they were concerned the debt had been satisfied and they would inform credit agencies.

 

We then tasked Cabot to supply proof of their legal right to collect this debt by way of change of claimant notified to us from local county court that had original judgement

This situation with these GSOs must be sorted!

 

I have just contacted the court service and they inform me that the CCJ we have, still has the name of the original claimant

 

so here's a scenario

we start to pay Crapbot

we sell our property

Crapbot say they are the claimant on the charging order

but the CCJ and land registry still have HSBC as claimant.

 

This seems like the DCA is skating close to what is legal and its very lazy, done on the cheap legal practice.

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No, original judgement claimant sold the debt and informed us they had no further interest in the matter and that as far as they were concerned the debt had been satisfied and they would inform credit agencies. We then tasked Cabot to supply proof of their legal right to collect this debt by way of change of claimant notified to us from local county court that had original judgement

 

So did you make payments to the the new owner ? stating it is satisfied simply means its been assigned...not settled..the debt is still there.

We could do with some help from you.

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