Cabot Claimform - old Cap1 Card/Summary Judgment without hearing

[bohorebel]

In July last year I received court papers saying Cabot had issued a claim against me.

 

The debt relates to a Capital One credit card which was in dispute when fraudulent transactions appeared on the account

- ie it was used in a country I had never been in and for cab rides in London when I wasn't anywhere near London at the time.

 

the dispute went on and on,

they locked me out of my online account and refused to send me paper statements.

Eventually it all got "passed" to Cabot.

Out of the blue last summer they decided to chase me for this near 6 year old disputed debt.

I filled in the defence form.

The case was stayed as I believe they did not respond in the allocated time period.

I thought that was that. 

 

Today I received a CCJ for nearly 2k with a summary judgement.

I had no idea they had even applied to lift the stay,

the first I have heard of it is today when this landed on my doorstep.

 

So this all took place behind closed doors, there wasn't a hearing and I wasn't allowed to defend myself?

They have also added £700 in additional charges. 

So what do I do now?

I have no prospect of paying the 2k in the 5 days they have given me to do it.

 

What can I reasonably do?

[dx100uk]

have you moved since the court claim?

 

[bohorebel]

No I am still at the same address

[dx100uk]

really!!

give northants bulk a ring

be quick they close at 4pm.

 

you'll need the CCJ number.

 

dx

 

[bohorebel]

Thank you, I'll see what they say

[brassnecked]

What date was the last payment on the account? looking if it was Statute Barred when CrabPot issued the claimform.

[bohorebel]

CrabPot - like it! I don't think it was statute barred unfortunately, I think they got there in the nick of time.

 

Northants weren't a lot of help, apparently I should have received a notice that they were applying to lift the stay

- I most definitely didn't receive anything of the sort.

 

Looks like there wasn't even a hearing, the judge decided to award in their favour

[dx100uk]

no judge would have seen anything is it was done at northants bulk.

did you check what address the notification was sent too from the N244 cabot filed?

dx

 

[bohorebel]

Everything was sent to this address. In November a transfer of proceedings was apparently issued, for them to lift the stay, strike out my defence and apply for summary judgment. That was never received by me.

The last I heard the claim was stayed and on the 31st Jan a summary judgement was issued - no other paperwork whatsover.

[AndyOrch]

What court issued judgment ?  above you state " In November a transfer of proceedings was apparently issued " Transferred to where ?

[bohorebel]

It was transferred to the County Court in Wolverhampton I believe. I had requested this in my original defence saying if there was a hearing I would like it transferred to Wolverhampton.

[AndyOrch]

What court issued judgment ?  What does it state on the Notice of Judgment you refer to in your post #1 ?

[bohorebel]

This is how it reads:
General Form of Judgement or Order

Before District Judge XXXX sitting at the County Court of Wolverhampton....etc

Upon hearing the agent for the claimaint

IT IS ORDERED THAT:

1) Summary judgement for the claimant in the sum of £1289.26
2) The Defendant shall pay the costs in the sum of £742

 

To be paid by 4pm 11th Feb

 

[AndyOrch]

I think you need to get back onto Northampton/ or Wolverhampton and ask for a copy of N244 Application notice/Statement/Evidence.

 

Then we can advise on how to appeal this matter.

 

Andy

[bohorebel]

Thank you I will do that