Cabot Vs Flopf

[Flopf]

I have today received a County Court Business Centre Claim from Northampton, for a Yorkshire Bank Credit Card debt.
The particulars of claim...
"The Claimant claims payment of the overdue balance due from the depdendant under a contract between the defendant and Yorkshire Bank dates on or about 17 February 2000 and assigened to the Claimant on Sep 25 2008
Date 10/03/2015 / Item Default Balance / Value £6972.31 / Post Refrl Cr NIL

Amount claimed £6972.31, Court Fees £410 / Legal representatives cost £100.00 - Total amount £7482.31

To cut a long story short, I went through a very bad divorce in 2000 (over 16 years ago) I was unable to pay outstanding credit card debt and received a CCJ for it. Which Cabot must have taken over.
Can they take me back to court for a second CCJ for the same debt all of those years ago?

I have read previous threads and have followed your steps
1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.

Do I need to send copies to the courts of what I have sent please.
How long do I give them to reply?

Many Thanks for your help, I feel really upset and distressed and hope I can get this sorted out.

[nemesis45]

Re: Cabot Vs Flopf

I have today received a County Court Business Centre Claim from Northampton, for a Yorkshire Bank Credit Card debt.
The particulars of claim...
"The Claimant claims payment of the overdue balance due from the depdendant under a contract between the defendant and Yorkshire Bank dates on or about 17 February 2000 and assigened to the Claimant on Sep 25 2008
Date 10/03/2015 / Item Default Balance / Value £6972.31 / Post Refrl Cr NIL

Amount claimed £6972.31, Court Fees £410 / Legal representatives cost £100.00 - Total amount £7482.31

To cut a long story short, I went through a very bad divorce in 2000 (over 16 years ago) I was unable to pay outstanding credit card debt and received a CCJ for it. Which Cabot must have taken over.
Can they take me back to court for a second CCJ for the same debt all of those years ago?

I have read previous threads and have followed your steps
1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.

Do I need to send copies to the courts of what I have sent please.
How long do I give them to reply?

Many Thanks for your help, I feel really upset and distressed and hope I can get this sorted out.

Good evening, welcome to LB.

No once you have acknowledged the claim and intention to defend you don't need to send copies of the " request (s)" to the court.

The CCA request has a statutory timescale for response of 12 + 2 Working Days, after which the debt is unenforceable UNTIL the agreement is supplied.
The CPR 31.14 request has a nominal 7 calendar days for response.

The CCA request goes direct to Cabot as named on the claim form. Use a postal order for £1 for the statutory fee write " For Statutory Fee Only" on both sides make a copy and keep for your records,
There is no fee for the CPR which goes to the solicitors.

Use signed for post for both and check and print off the delivery date and signature.

nem

[Flopf]

Re: Cabot Vs Flopf

Good evening, welcome to LB.

No once you have acknowledged the claim and intention to defend you don't need to send copies of the " request (s)" to the court.

The CCA request has a statutory timescale for response of 12 + 2 Working Days, after which the debt is unenforceable UNTIL the agreement is supplied.
The CPR 31.14 request has a nominal 7 calendar days for response.

The CCA request goes direct to Cabot as named on the claim form. Use a postal order for £1 for the statutory fee write " For Statutory Fee Only" on both sides make a copy and keep for your records,
There is no fee for the CPR which goes to the solicitors.

Use signed for post for both and check and print off the delivery date and signature.

nem

Thank you so much for your speedy reply, I wont sleep until I hear from them now. I will keep you posted

[nemesis45]

Re: Cabot Vs Flopf

Thank you so much for your speedy reply, I wont sleep until I hear from them now. I will keep you posted

Now the preliminaries are in hand some history please.

The Credit card account you say has already been subject to a court claim, when was this? Was judgement actually made if so when?

It would help if you could check credit reference files to see if there is a CCJ recorded there, or check Trust online there is a small fee for each address checked.

I suspect that with the age of the debt if there was a CCJ it has now been removed from public records as more than 6 years have elapsed since the date of judgement.

Do you have any records of this and who had the judgement?

nem

[Noah]

Re: Cabot Vs Flopf

In answer to your original question, no they can not get a ccj on a ccj but Cabot probably don't know about it.

If if you have not paid or the ccj is over 6 years old they need to apply to the court to enforce which I am told is unlikely to happen.

[Flopf]

Re: Cabot Vs Flopf

Thank you for your reply. The original CCJ was March 2008, which is no longer on my credit file.
I am off to the post office now to send everything off recorded delivery.
Many thanks again.

[nemesis45]

Re: Cabot Vs Flopf

Thank you for your reply. The original CCJ was March 2008, which is no longer on my credit file.
I am off to the post office now to send everything off recorded delivery.
Many thanks again.

Going through the process without mentioning the CCJ for now is one option, another is to write to Cabot's solicitor inform them that a judgement was made over 6 years ago.

I presume that no payment has been made by any party since the judgement was given?

nem

[Flopf]

Re: Cabot Vs Flopf

Hi Nem,
No payment has been made since the judgement was made over 6 years ago, it has now dropped off my credit report.
I have sent the letters as advised to both Cabot and Restons Solicitors, should I send a further letter stating there was a judgement issued over 6 years ago?
Many Thanks

[nemesis45]

Re: Cabot Vs Flopf

Hi Nem,
No payment has been made since the judgement was made over 6 years ago, it has now dropped off my credit report.
I have sent the letters as advised to both Cabot and Restons Solicitors, should I send a further letter stating there was a judgement issued over 6 years ago?
Many Thanks

The Carboot Cowboys will have an uphill task trying to persuade a judge to allow enforcement on the original judgement now.

What date was the account assigned to Carboot?

nem

[charitynjw]

Re: Cabot Vs Flopf

The Carboot Cowboys will have an uphill task trying to persuade a judge to allow enforcement on the original judgement now.

What date was the account assigned to Carboot?

nem

Hi nem

According to post #1, assigned to claimant 25th Sept 2008

[Flopf]

Re: Cabot Vs Flopf

I am not 100% sure, the wording on the claim form is
" The Claimant claims payment of the overdue balance due from the Defendan(s) under a contract between the Defendant(s) and Yorkshire Bank dated or or about Feb 17 2000 and assigned to the Claimant on Sept 25 2008"
I am correct in thinking they have had this for over 7 years?
As the CCJ's have dropped off my credit file, I dont have access to see them on there, is there any way I can see them now?
Many Thanks, I really do appreciate your reply's.

[nemesis45]

Re: Cabot Vs Flopf

[QUOTE=Flopf;640878]I am not 100% sure, the wording on the claim form is
" The Claimant claims payment of the overdue balance due from the Defendan(s) under a contract between the Defendant(s) and Yorkshire Bank dated or or about Feb 17 2000 and assigned to the Claimant on Sept 25 2008"
I am correct in thinking they have had this for over 7 years?
As the CCJ's have dropped off my credit file, I dont have access to see them on there, is there any way I can see them now?

Yes correct making an attempt to enforce virtually impossible.

nem

[Flopf]

Re: Cabot Vs Flopf

Thank you, fingers crossed I hear something back by post soon

[Flopf]

Re: Cabot Vs Flopf

Hello again,
I have today received this reply from Reston's solicitor's, can you please give me advice on what to do now.
Many Thanks [IMG]img_0211.jpg[/IMG]
I have attached copy, I hope it has worked.

[Flopf]

Re: Cabot Vs Flopf

Hello, can anyone help please.
I have received the letter in above post from Restons. I have then on Saturday received a letter from Cabot, returning my postal order saying the reference was incorrect and they could not find my details. The reference I provided to Cabot is correct on the account details they have sent.
I dont know what to do from here, as time is running out for me to respond to County Court Business Centre
Many Thanks