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  1. #1
    cbatten565's Avatar

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    Default CCJ Set Aside Help

    Hi, I am seeking some help here...

    I have a CCJ that I want to be set- aside for the reason that the claim form was sent to an address I lived at over a year ago now (I moved out in June 2016) and only discovered it on my credit file at the end of last month.

    The claimant is for Cabot Financial (UK) Ltd for an old Yorkshire Bank account (noticed they are not FCA regulated)

    I have obtained copies of both the judgement in default (dated 17th August 2017) and the particulars of claim from the court.

    Where do I stand with a old bank account? Because they allege in the particulars that there was a contract between myself and Yorkshire Bank and I owe £X amount.

    I need some guidance on the obtaining documents as proof and I want to make an application and draft defence preferably raising the points above regards Proof of debt and FCA regulation....

    Your help would be appreciated!
    Thanks
    C

  2. #2
    Diana M's Avatar

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    Default Re: CCJ Set Aside Help

    Quote Originally Posted by cbatten565 View Post
    I have a CCJ that I want to be set- aside for the reason that the claim form was sent to an address I lived at over a year ago now (I moved out in June 2016) and only discovered it on my credit file at the end of last month.

    The claimant is for Cabot Financial (UK) Ltd for an old Yorkshire Bank account (noticed they are not FCA regulated)

    I have obtained copies of both the judgement in default (dated 17th August 2017) and the particulars of claim from the court.

    Where do I stand with a old bank account? Because they allege in the particulars that there was a contract between myself and Yorkshire Bank and I owe £X amount.

    I need some guidance on the obtaining documents as proof and I want to make an application and draft defence preferably raising the points above regards Proof of debt and FCA regulation.
    Hello (again)

    I've seen/posted on your other thread ( http://legalbeagles.info/forums/show...l=1#post756923 )

    However I've now seen for the first time (on this thread) that the Claimant is Cabot Financial (UK) Ltd (currently unlicensed).

    Can you provide some background to this debt/CCJ.

    How much is the CCJ to put it bluntly?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #3
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    Hi Di,

    Yes sorry- I had to get this post on the right thread.

    The CCJ against me for £418.61 (includes £107 for costs)

    And yes the claimant is Cabot Financial (UK) Ltd who appear to have bought this debt from Yorkshire bank- but I only knew about the fact that they purchased this only when I checked my credit profile on 23rd September 2017.

    I have no relocation that they had purchased this debt.

    Particulars are as follows;

    THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND YORKSHIRE BANK DATED ON OR ABOUT MAR 05 2015 AND ASSIGNED TO THE CLAIMANT ON SEP 08 2016 PARTICULARS A/C NO XXXXX DATE ITEM VALUE 06/07/2017 DEFAULT BALANCE 311.61 POST REFRL CR NIL TOTAL 311.61

  4. #4
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    sorry to rush but is there any guidance you can provide me as to what to do next?

  5. #5
    ploddertom's Avatar

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    Default Re: CCJ Set Aside Help

    Did you have any knowledge of a debt owing to Yorkshire Bank?

  6. #6
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    Quote Originally Posted by ploddertom View Post
    Did you have any knowledge of a debt owing to Yorkshire Bank?
    No I didnt know

  7. #7
    ploddertom's Avatar

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    Default Re: CCJ Set Aside Help

    Have you ever had an account with YB & if so could this have been an overdraft?

  8. #8
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    Its not in relation to an overdraft- I never had one with them. It must be something to do with bank charges etc or unpaid items.

  9. #9
    ploddertom's Avatar

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    Default Re: CCJ Set Aside Help

    If you have owed YB in the past for services they are within their rights to sell the debt on. Notifications will have gone to an old address if they were never notified of you moving. The way I see it is that Set Aside may only work if you were in a position to have paid the debt in full once you were notified about it thus preventing the original CCJ.

  10. #10
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    Point of the matter is, Cabot Financial (UK) Ltd are claimant to a FCA regulated product they allege I now owe them- I want to argue this point regardless if I owe YB money or not

  11. #11
    ploddertom's Avatar

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    Default Re: CCJ Set Aside Help

    Sorry but know nothing about that side of things.

  12. #12
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    Sorry, Di. Are you able assist any further?

  13. #13
    Debt Camel's Avatar

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    Default Re: CCJ Set Aside Help

    Quote Originally Posted by cbatten565 View Post
    Point of the matter is, Cabot Financial (UK) Ltd are claimant to a FCA regulated product they allege I now owe them- I want to argue this point regardless if I owe YB money or not
    Unless you are on a pretty low income, it will cost you £255 to set aside a CCJ. When a CCJ is set aside it is usually relisted immediately for a hearing - unless you have a good defence, you will then end up with a CCJ dated 6 months after the one you currently have.. So really you do need to consider how likely you are to win.

  14. #14
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    Quote Originally Posted by Debt Camel View Post
    Unless you are on a pretty low income, it will cost you £255 to set aside a CCJ. When a CCJ is set aside it is usually relisted immediately for a hearing - unless you have a good defence, you will then end up with a CCJ dated 6 months after the one you currently have.. So really you do need to consider how likely you are to win.
    Okay- Thanks, I am familiar with the process as this is the second one I am applying to the court to set aside- the other is with the CC at the moment and I am awaiting a hearing date, so dont need to help with the process- I am trying to find out the legal arguments I am able to use as this one is a Current Account and my other has been a straight forward CCA (Old catalogue account)

  15. #15
    cbatten565's Avatar

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    Default Re: CCJ Set Aside Help

    Just wondering if anyone is able to provide any guidance on this at all? Thanks

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