Post Office/Bank of Ireland. credit card - CCJ & Restriction sold to cabot - reduced settlement?

[bradfordlad]

Hi everyone, 

 

I was active on the forums about 10 years ago when we went through a traumatic time with several defaults all happening at the same time.   Received lots of good advice which I'll be forever grateful for. 

 

I now find myself in a different position but could do with a bit of advice please. 

 

My wife had a CCJ with Bank of Ireland credit card, which they took back to court and got a Restriction against the property. This was back in December 2011.   We've been paying the agreed £15 a month ever since. 

 

Our mortgage is with an inactive lender and we are wanting to remortgage to West Bromwich BS under their Mortgage Prisoner scheme.   It turns out they cant do it due to the Restriction recorded at Land Registry. 

 

We've not had any paperwork for ages about it, so I emailed DLC solicitors who we pay the £15 to, and the email bounced back saying we have to contact the original creditor.   I have NO IDEA who to get in touch with, but I have to repay the debt and get the Restriction removed to be able to remortgage, so it needs sorting....

 

Anyone any idea of any contact details at Bank or Ireland please?

 

Many thanks in advance 

 

BL

[dx100uk]

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[bradfordlad]

Thanks DX - I've managed to track the account down to MORTIMER CLARKE Solicitors. 

 

Ok - so here's a question!   They have given me the balance - £5,500.  I asked if they would accept a F & F Settlement - they offered £4,600. 

 

Is it worth me trying to negotiate or are they likely to stick to that amount?

 

If I rang and offered them, say £3000 are they likely to accept?

 

Cheers!

[dx100uk]

Who are mc's stated client?

Dx

[bradfordlad]

53 minutes ago, dx100uk said:

Who are mc's stated client?

Dx

I've not got any paperwork to hand so I can't tell at the moment. We're in the middle of having an extension built and everything is in storage!   I made the MC connection as follows: 

 

We are paying the monthly amount to DLC. DLC is now part of Cabot so I contacted them.  They said MC are handling the debt on their behalf, so I should contact them.  Rang MC and they traced it through Cabot reference and my name/address. Original creditor was Post Office/Bank of Ireland.

Edited March 31, 2022 by bradfordlad

[dx100uk]

right so cabot

so the debt has been SOLD ON .

thus the CCJ/charge is now due to cabot.

 

you are now in a stronger position to settle for a reduced sum. 

 

send them a CCa request

if they can't produce enforceable paperwork, then that will help you drive the settlement figure down some.

it cant negate the judgement/charge as paperwork wriggles were for the time of litigation in a defence and now the CCJ judgement trumps that sadly.

 

dx

 

 

[bradfordlad]

If I remember rightly, I did the CCA request when it was with BoI prior to the court hearing. There was a problem with the notice period meaning I'd not been given the correct amount of time for the default, but court ignored that and said "but you still owe the money". 

 

Assuming what you mean here is to see if Cabot can product all the correct paperwork and if they can't,  to push them for a reduced figure on a non-enforceable CCJ?

[dx100uk]

no the judgement is enforceable, read what i said CAREFULLY.

[bradfordlad]

7 minutes ago, dx100uk said:

no the judgement is enforceable, read what i said CAREFULLY.

Understood - thank you

[AndyOrch]

Unlikely they would respond to a CCA request nor are they legally required to now that the agreement has ended and a judgment is in place.