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    • own topic created  tnx the info. dx  
    • this debt: MBNA Bank of Scotland Card debt- LInk got a CCJ - now want payment review - MBNA - Consumer Action Group and a barclaycard loan - did you ever send the a CCA in all these years.....when was it taken out?    
    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
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Backdoor Cabot CCJ - old Marbles Card Debt


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Hi,

 

I'm in a bit of a pickle. 

 

I have handed notice in on my current rental property and am just going through referencing on another property. 

 

As part of that process I contacted my old landlord to mention a reference request coming through and he informed me that I had a few bits of post, I turned up to collect them today and there was a court claim form from Mortimer Clarke Solicitors from April 7th relating to a credit card debt with Cabot/Marbles along with a judgement by default in favour of the claimant dated 28th April.

 

I have not lived at the property since Dec 2020 and can easily prove this but I don't know what I can do now and I'm afraid that Ive just made myself homeless at the end of the month as the rental application I completed specially asked about CCJs and I said no because I've never had one before.

 

I did previously have a marbles card which went to a default in 2018, I never provided the address that the claim was sent to although I did live there from Jan 2019 til Dec 2020. If they had sent it to the original address on the account or to my address on the credit file/electoral roll then I would have received it as it was to parents home or current residency.

 

I've just had notifications on clearscore and credit karma that a CCJ has been added so my initial reading that said if you paid the amount in full in 30 days then your credit file wouldn't be impacted seems to have been incorrect.

 

I understand I can pay £255 and provide a request for the judgement to be set aside but that seems a lot of money especially as I will probably end up paying up to avoid 6 years of a CCJ notice.

 

So couple of questions about this

 

- would the money paid to set aside the judgement go to the outstanding balance alleged or is it literally just for admin

 

- if I pay within 30 days and it is removed from my credit file will I still have to forever tick the box that says I have had a CCJ?

 

Grateful for any answers, as you can appreciate it's quite an unfortunate time...

 

 

 

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  • dx100uk changed the title to Backdoor Cabot CCJ - old Marbles Card Debt

pay it within 28 days and it will be removed totally and you need never mention it again.

you obv must have had statements or something from the original creditor going to that address.

though i wouldnt put it passed cabot to purposefully do it. esp after sending a letter of claim which you must have ignored too in their eyes.

 

you might have a reason to set aside the CCJ but you also need a defence for the debt itself and if you were paying this within 6yrs it cant be statute barred and unless it's a very old HFC marbles card and not a recent Newday one, i doubt there will be any enforcement errors with the agreement.

 

dx

 

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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Thank you for the prompt response. I have several defaults from a time in my life when gambling got the best of me (thank goodness for Gamstop) and I've never given any of these creditors this particular address, they all catch up with me eventually through credit tracing I presume as they normally send a message joyfully letting me know that they have found my new details.

 

I get a lot of letters about these debts and they all normally threaten something and do nothing, it's been that way for years, the last I heard about this particular account the debt was owned by Moorcroft. After having a blemish free credit file for coming up to three years I thought I was making progress and this has really set me back.

 

As you say then pretty much my only option is to pay this debt in full within 30 days and hope to goodness that the timing hasn't impacted my new rental property. 

 

Do you know offhand how quickly they get removed, if I were to pay first thing Tuesday and then notify the court? 

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moorcroft done buy debts so were only chasing for their stated client.

you should never run from debt ...end of sorry

always without fail inform your debt owners of your current and correct address in writing or an address whereby you know you will promptly get mail and never ignore a letter of claim.

 

there is no alternative than to pay it within 28days from the date of judgement, the creditor cabot will inform the court and the CCJ will be removed but that might now happen until the next update which might not be quick.

for a small fee a believe you can get a certificate of satisfaction from the court once the claimant confirms payment

that might help you rent application if it not removed by the time of the search they will do.

 

 

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 don't consider that i 'ran away from debt' and if they had mailed to my address linked to that account ie the last address i gave them or the address available on my credit file at the time of escalation to court activity, then i would have received it and been able to defend myself.

 

They chose either deliberately or through negligence to send it to an address that i didn't reside at, they also have my email address, why can't this be a part of the moneyclaim service so i would have been notified. It's scandalous how this system works when its so easy to link a person by council tax bills / PAYE / credit file.

 

Also, If these types of companies didn't continually harass people with threatening letters every month then maybe people like myself would be more proactive in the communications.

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Sadly that is exactly how DCA's work and that is exactly what their industry was set up for.. to make money, by hook or by crook using every legal loophole possible...and after some 50yrs, they are very good at it. Some 750'000 roboclaims are issued through northants bulk court each year, whereby no human ever sees or checks anything that results in a default judgement one-way or another, either by ignorance on behalf of the debtor or address update failure.

 

Although a DCA has absolutely ZERO legal powers and are NOT bailiffs, the situation and complaints about 'questionable' Default judgements was allowed over decades to get out of hand. Eventually In 2015  the Pre Action Protocol was introduced but that failed too.

 

Your only part in their debt buying game as a debtor is to always inform, in writing, whomever owns your debt, knows your correct and current address, once you've done that they can safety be ignore until or unless you get a letter of claim.

 

 

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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