Court Claim - Cabot Financial (UK) Ltd / Bank of Scotland Aqua Card - 26-10-2015

[Moon]

I have not been well for a time and don't work. Due to another matter I got a free Equifax credit report the other day. I have found a CCJ from after I moved house. It is for J D Williams, I never signed a CA and I truly just lost my way with this account. I still have an account with them at my new address.

Obviously I didn't get any court papers so I don't know the particulars. I telephoned Northampton today quoting the case number and found out who the debt was with, J D Williams then CapQuest via H L Legal. The CCJ was granted in September 2013. I moved in July 2012. Court guy said he would email me the original Particulars of Claim and a Set Asdie for, but this hasn't transpired as yet - I may need to ring again.

I obviously would like to get the CCJ removed but the only way I could have done was to have requested a CA before this went to court, (which I didn't know about not being there), which would have put the account in dispute.

I was a Carer for my mother at the time and became very ill - I still suffer today and do not work.

I got a CCJ many years ago when I was a student. My boyfriend paid it off so I didn't have it on my file. The debt company religiously lied for the next 6 years about the date it was paid and reached their account, (it was an electronic transfer), and so I spent the 6 years trying to get it removed and gave up. No a process I want to repeat by challenging this if I have no chance getting it set aside and getting them to supply a CA now would be pointless.

All help gratefully received.

[FlamingParrot]

Re: Just found a 2 year old CCJ - advice please.

I have not been well for a time and don't work. Due to another matter I got a free Equifax credit report the other day. I have found a CCJ from after I moved house. It is for J D Williams, I never signed a CA and I truly just lost my way with this account. I still have an account with them at my new address.

Hi and welcome

I find this rather odd, surely they'd have their own records and if you previously defaulted on your payments, they wouldn't have given you another account so soon, one would think, so perhaps they also lost their way. :noidea:

Obviously I didn't get any court papers so I don't know the particulars. I telephoned Northampton today quoting the case number and found out who the debt was with, J D Williams then CapQuest via H L Legal. The CCJ was granted in September 2013. I moved in July 2012. Court guy said he would email me the original Particulars of Claim and a Set Asdie for, but this hasn't transpired as yet - I may need to ring again.

You may be able to apply for set aside on the basis that you did not receive the court papers but you'd also need to have a viable defence for your application to be considered. The delay in applying could be explained because you were not aware of this CCJ.
You may want to look at the links below:
http://www.legalbeagles.info/forums/...ants-in-Person
http://legalbeagles.info/library/how...-judgment-ccj/
http://www.legalbeagles.info/forums/...lication-notes

I obviously would like to get the CCJ removed but the only way I could have done was to have requested a CA before this went to court, (which I didn't know about not being there), which would have put the account in dispute.

You could try sending a CCA request to JD Williams, they could respond saying they no longer have a duty to respond because the account is subject to a judgment which would be correct, however, in view of the fact they've still given you a new account, they may not be aware that there is a CCJ on the account, especially if it was Capquest who obtain judgment rather than JD Williams themselves.

I was a Carer for my mother at the time and became very ill - I still suffer today and do not work.

I got a CCJ many years ago when I was a student. My boyfriend paid it off so I didn't have it on my file. The debt company religiously lied for the next 6 years about the date it was paid and reached their account, (it was an electronic transfer), and so I spent the 6 years trying to get it removed and gave up. No a process I want to repeat by challenging this if I have no chance getting it set aside

It would be a totally different process. From what you say, it wasn't a set aside application, your BF paid it in full presumably within one month to get it removed and they argued that it was paid later and didn't remove it. In this case we are obviously well past that point and you'd be applying to have it set aside which would require an N244 and payment of a £155 fee, however, if you are in receipt of benefits and have less than £3,000 in disposable capital you should qualify for full remission of the fee. See here for more details http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

[FlamingParrot]

Re: Just found a 2 year old CCJ - advice please.

and getting them to supply a CA now would be pointless.

All help gratefully received.

As above, for the sake of £1 + postage it may be worth sending it to JDW who don't seem to be aware of the existence of the judgment which was obtained by Capquest.

It sounds like Capquest have not made any attempt to enforce the judgment, which may be because they don't know your new address.

Bear in mind CCJs can be enforced via a warrant to send bailiffs to your home. You don't work so an attachment of earnings order is not an option. You don't say how much the CCJ is for or whether you are a homeowner. :noidea:

It's also a fact that if a creditor does not make any attempt to enforce a CCJ in six years, they'd struggle to convince a court to let them enforce it after that.

[Moon]

Re: Just found a 2 year old CCJ - advice please.

Thank you for your reply.

The CCJ is for £390. We don't own our own home. It's a tied cottage so I don't want OH to get any trouble from his employer.

I have a vague notion that for the end of this account, because it was in arrears I had to purchase a few things I needed via debit card as if I ordered anything they cancelled it. Obvious I know but I was not really on the ball. I am not sure but I think it could be close to statute barred. Could I SAR JD Williams as well and see what occurs?

I realise if I poke sticks it might jump up to bite me. My OH would be so angry if he knew. He believes in paying things and doesn't agree with unenforceable debts and statute barred and the like. But he works and he was never is a position like this.

[FlamingParrot]

Re: Just found a 2 year old CCJ - advice please.

Thank you for your reply.

The CCJ is for £390. We don't own our own home. It's a tied cottage so I don't want OH to get any trouble from his employer.

I have a vague notion that for the end of this account, because it was in arrears I had to purchase a few things I needed via debit card as if I ordered anything they cancelled it. Obvious I know but I was not really on the ball. I am not sure but I think it could be close to statute barred. Could I SAR JD Williams as well and see what occurs?

Yes, you could, below is a SAR letter I've used, although you may have to modify it a little as it's intended for banks (current accounts, credit cards, etc.)

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

I realise if I poke sticks it might jump up to bite me.

Sending requests to JD Williams shouldn't be a problem since they are not the judgment creditors but still have a duty to respond to both a SAR and a CCA request (well, as long as they are not aware of the judgment). The SAR still applies after a judgment as it's a request under the Data Protection Act. :thumb:

My OH would be so angry if he knew. He believes in paying things and doesn't agree with unenforceable debts and statute barred and the like. But he works and he was never is a position like this.

He needs to have a chat with me! :lol: :lol: :lol:

[Moon]

Re: Just found a 2 year old CCJ - advice please.

That's great. Thank you.

I know what you mean about my OH. It was only with my pushing he made his own complaint for his PPI which was quite a bit.

He also doesn't understand that pre 2006 most credit cards were given out on the basis of an application form which is unenforceable. I used to be quite savvy with stuff but not so much anymore.

When I get my benefit next week I shall SAR them.

[FlamingParrot]

Re: Just found a 2 year old CCJ - advice please.

That's great. Thank you.

I know what you mean about my OH. It was only with my pushing he made his own complaint for his PPI which was quite a bit.

Why shouldn't he get it back when it was a royal rip-off? :ohwell:

He also doesn't understand that pre 2006 most credit cards were given out on the basis of an application form which is unenforceable. I used to be quite savvy with stuff but not so much anymore.

You seem to know quite a bit about unenforceability then :thumb:

There's a bit more than that, basically, s.127(3) of the Consumer Credit Act prevented a court from enforcing a debt unless there had been a properly executed agreement with all the prescribed terms at the time the account was opened. That useful bit of legislation was repealed with effect from April 2007 so for accounts opened after that it no longer applies. :Cry:

It's also a fact that many banks and credit card companies were offering credit cards left, right and centre, often without requiring people to sign a proper agreement containing all the terms, which were often sent later with the card.

I know all about it because I also have a few of those unenforceable pre-2007 cards, soon to be statute barred. :grin: :grin: :grin:

[Moon]

Re: Just found a 2 year old CCJ - advice please.

Yes I had quite a few too. I even went to court once and won £195 in costs when I got issued an SD and the other party didn't turn up.

I have one card which is either just become or due to become SB which I need to SAR as Restons are threatening a CCJ. It's a Feb 2008 one.

All my pre 2007 are statute barred. Gosh I sound like I had loads lol. Most were due to student debt and then becoming my mum's carer so very little money.

Can you tell me something, if a DCA sends a letter with CCJ threats, pay in installments AND "if you contact us our client may offer you a discount", is this a fishing trip?

[FlamingParrot]

Re: Just found a 2 year old CCJ - advice please.

Yes I had quite a few too. I even went to court once and won £195 in costs when I got issued an SD and the other party didn't turn up.

You got lucky there. :clap2:

We used to have quite a few of those here at some point, before the FCA gave them a slap.

I have one card which is either just become or due to become SB which I need to SAR as Restons are threatening a CCJ. It's a Feb 2008 one.

You need to tread carefully with Restons because they are trigger-happy.

A SAR should be useful to establish your last payment dates, which should be sent to the original creditor rather than Restons or the new owner (Cabot by any chance?). A CCA request wouldn't go amiss. The card may not be unenforceable under s.127(3) because it's from 2008, however, s.78 is still alive and well and non-compliance with a CCA request is still a bar to enforcement. The request should go to the debt purchaser who got the account rather than Restons, although you may want to send them a copy for the record.

Have you received a letter before action from them? If so, you need to respond promptly and appropriately. :typing:

All my pre 2007 are statute barred. Gosh I sound like I had loads lol. Most were due to student debt and then becoming my mum's carer so very little money.

Can you tell me something, if a DCA sends a letter with CCJ threats, pay in installments AND "if you contact us our client may offer you a discount", is this a fishing trip?

Sounds like they are trying to get you to contact them, usually over the phone, which should be avoided at all costs. Having said that, if the debt is not yet SBd, be careful when writing to them so as no to acknowledge the debt. A CCA request is always a useful weapon.

[Moon]

Re: Just found a 2 year old CCJ - advice please.

I got a letter from said trigger happy ones saying they give me til xxx date to either pay in full or contact them with a payment suggestion else they will make a claim for a CCJ. They will suggest to the court installments of £50 per month but if the court refuses it will be payable in full "forthwith".

Further down the letter it says if I contact them before xxx date their client (yes, Cabot), is prepared to offer me a discount.

Initially I figured it was a fishing trip and ignored. But something made me look again. The date has passed this week and I am wondering if I made a mistake not SARing Aqua earlier.

[Moon]

County Court Claim Cabot UK Ltd

I can't stop now as I am on my way out but am very scared. The CCJ claim arrived. I think it may be statute barred but not sure. Can't find my paper work but will need help with this please.

How can I go about finding if it is statute barred please?

Will post detail of particulars of claim later. Thank you.

[nemesis45]

Re: County Court Claim Cabot UK Ltd

I can't stop now as I am on my way out but am very scared. The CCJ claim arrived. I think it may be statute barred but not sure. Can't find my paper work but will need help with this please.

How can I go about finding if it is statute barred please?

Will post detail of particulars of claim later. Thank you.

Hi Welcome to LB.

We will need some history to be able to advise so please post the details when you can.

nem

[Amethyst]

Re: County Court Claim Cabot UK Ltd

Don't worry xx Lets have a look later. Statute barred would be if you hadn't paid or acknowledged the debt for over 6 years.

Is it related to this thread? http://www.legalbeagles.info/forums/...418#post587418

[nemesis45]

Re: County Court Claim Cabot UK Ltd

Don't worry xx Lets have a look later. Statute barred would be if you hadn't paid or acknowledged the debt for over 6 years.

Is it related to this thread? http://www.legalbeagles.info/forums/...418#post587418

Post Crossed I'll leave you to it.

nem

[Moon]

Re: County Court Claim Cabot UK Ltd

Yes I was talking about it there. Will post more later. Thank you for the replies.