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Backdoor? CCJ - Court Bailiffs trying to deliver papers on a debt that is 8yrs old

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I've received a letter from County Court Bailiffs which I presume that they wish to serve papers for me to provide a income/expenditure statement on a debt that is not on my credit file and therefore must be at least 6yrs old.

 

The debt has been taken over by CABOT.

I have the Case Number on the paperwork from the County Court Baillif.

How do I get information on this Case Number.

Any advice gratefully received.  

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Give Northampton CCBC a ring quoting the CCJ number and ask for a copy of the claim/judgment to be emailed to yourself.

 

https://courttribunalfinder.service.gov.uk/courts/county-court-business-centre-ccbc

 

Regarsd

 

Andy


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Thank you Andy I just rang Northampton CCBC and they said that the case had been transfered to my local County Court. 

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Is the CCJ 8 years old or is it a new one to an old address.


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It's an 8yr old CCJ checked my credit file and there's nothing on there. Cabot have taken on an old debt and I think they want me to give a financial statement. 

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They cant execute a judgment over 6 years old without permission of the court assuming you have not made any payments to the CCJ ?

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Give your Local County Court a ring and ask for details.

 

Andy


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Thank you ANDY.

All I've had is a letter CABOT FINANCIAL v YOURSELF with a Court Number and a Process Number informing me that they wish to serve some papers regarding court above action.

 

I'm worried that by contacting the court I'm acknowledging the debt.

I'm certain I've never acknowledged the debt or paid any instalments.

 

Is it possible that Cabot have taken the debt on are trying to obtain a new CCJ.

Why would they want a financial statement which is what the papers are about.

As they say if I don't get in touch with the Bailiff they will ask the judge for an order that service of the court papers may be made by SUBSTITUTE SERVICE by putting the papers through my letterbox. 

 

Jac's

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I would surmise that the reason its been transferred to your local County Court is for execution given that I presume it was a default judgment from Northampton because you didn't submit a defence.

 

So bear in mind my last post...you need to find out if they made application to seek permission.


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Hi Andy what can I do if CABOT have made an application to seek permission. 

 

Jac's

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Not much really its just a case that they must...the court should inform you if an application has been made.....they may struggle to get permission

 

From above....

 

" Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought. "

 


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do you know who the original claimant was yet?

 

dx

 


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Hi apologies for the delay

 

I spoke to someone at the local County Court today enquiring about who filed the original CCJ

all they could say was that the Claimant was CABOT.

 

I asked what date the CCJ was originally issued and also for how much the debt was for.

The person at the local Court said that all the information they had was that the claimant was Cabot and also he confirmed the Claim Number. He didn't know when the CCJ was originally issued or how much the debt was for.

 

As I posted in my original post that the debt is 8yrs old and has dropped of the register.

The letter from the bailiff was to serve an N61 (Order for Statement of Means)

 

Any advice further advice on how I can get any information on who the original claimant was will be gratefully accepted. 

Regards

Jac's

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When was the debt sold to Crabpot?, ask Northampton Bulk for a copy of the claimform and find out when the claim was initiated, this smells of backdoor.  Others will also have an angle on this.


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It wasn't sold to CABot they are the Judgment Claimant......the fact is its over 8 years  old and they have sat on it until now and are trying to execute the judgment by way of a Order for Statement of Means.

 

Have you been served an Notice of Attachment of Earning N56 and not responded to it ?


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Yes I was served a N56 and not responded to it. How would CABOT have become the Claimant? 

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now he tells us


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I apologise I was looking through the paperwork when I found the N56.

 

I checked my credit file and there was no CCJ on there so the debt must have been at least 6yr old.

 

The reason I didn't complete the N56 was because I would have been acknowledging the debt. 

 

Regards

Jac's

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you have a CCJ … too late for the above that's totally irrelevant now. never ignore a court document!


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So the fact that

 

it's over 6yrs old

 

I still don't know who the original debt was with and

 

the date the CCJ was issued. 

 

means nothing. ??

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Ah all now becomes clear


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all totally irrelevant.

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I realise I need to complete the N61 once I receive it. But I'm still non the wiser where I stand re the CCJ

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If indeed it is 8 years old, same as you have been told, they will have to persuade a court to revive it and enforce, and they will need a good reason why they left it so long.


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Judgment debtor fails to return form N56

If the judgment debtor fails to return form N56 the court will serve him or her personally with form N61 (Order for Production of Statement of Means). The judgment debtor must ensure that the statement of means reaches the court office within 8 days of receipt of the order, or pay in full.

If the judgment debtor still fails to return form N56, or to pay, the court will serve him or her personally with form N63 (Failure to provide Statement of Means). This orders the judgment debtor to attend court at an appointed time to give good reason why he or she should not be sent to prison for 14 days or fined up to £250. The N63 also advises that if the debt is paid in full or the statement of means is returned to the court immediately, the judgment debtor may not have to attend the court.

If the failure continues the court will make an order for the judgment debtor to be arrested and brought before the court.

 

So complete the N56 now and/or tick suspend the order (10) and either submit an N245 to get a monthly payment plan in place.The fee is £50 but its money well spent before the alternative above escalates....or submit an N244 application notice to dispute the CCJ and the fact that its over 6 years old for reasons as per my post# 6..the fee is £100 without hearing but they will most probably insist on one ..then the fee is £255.

 

So their your options.

 

Andy


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7 minutes ago, brassnecked said:

If indeed it is 8 years old, same as you have been told, they will have to persuade a court to revive it and enforce, and they will need a good reason why they left it so long.

 

they already have hence the n56??


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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