Final Court Order served against property Home Retail/Cabot/Drydens URGENT

**Debt Camel** · 22nd September 2016, 07:30:AM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

-I don't have the default date from Home retail, though I imagine it to be pre-Oct 08 as this is when Cabot took over, Would this default not have been Statute barred by Nov 15 when I was issued the initial court claim?

Probably based on what you have said. If your son had told you about the court papers you could have defended the CCJ on that basis. But as you didn't respond the court was correct to issue a CCJ "in default".

-After reading this i was hoping I could send the three letters to Cabot, is there any point with the court order already against me?

The "three letters" procedure is legal garbage. It would not have helped you before and it certainly won't help you now when time is very short to mess around with them.

-Is there a case that a £900 claim is a very small claim to take against my property?

No, there is no minimum size.

Could I argue about the name being incorrect? It seems strange that the court have issued an order against what is basically no-one, even slightly fraudulent? How was this not checked?

Was this some minor error in your name? If it was it is irrelevant. If it genuinely looks like a completely different person then you may have a case for having the CCJ set aside.

Do you have other debts? how large are they? If they are under 5k in all you could argue that an Administration order is a more appropriate than a charging order.

**Amethyst** · 22nd September 2016, 09:03:AM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

Isn't there a minimum of £1000 for a charging order ? Since 2013 I think. I don't know whether that allows for costs of making the CO application though as that would have taken it over £1k ( £902 judgment debt plus £223? costs )

As you have only just found out about the judgment you could apply to set aside, grounds of statute barred for defence, could be tricky to argue as you didn't inform creditors of change of address and mail wasn't fwd'd to you - as DC says how big was the error in the name ? - a set aside app & hearing would carry a costs risk, and of course the court fee of £255, and for a relatively low amount it may be better negotiating a settlement and removal of the charge with Cabot. It would leave the CCJ on your credit file for 6 years though.

**Debt Camel** · 22nd September 2016, 17:53:PM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

Originally posted by Amethyst View Post

Isn't there a minimum of £1000 for a charging order ? Since 2013 I think.

CPAG's debt advice handbook says there is a minimum amount of £1000 for an order for sale. I can't see a mention of a minimum amount for a charging order.

**Amethyst** · 22nd September 2016, 18:06:PM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

Ahhh yes, that's what it was. I couldn't find the right bit before. Thanks

Ref The Charging Orders (Orders for Sale: Financial Thresholds) Regulations 2013

**Crispy** · 22nd September 2016, 23:14:PM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

Sorry for the delay in replying, and thankyou all for your input!
DebtCamel, although I understand the point that the court was right in issuing by default, surely this could be retracted now it has come to light to me, and I show them proof that the CCJ was unlawful due to account being SB? I wasn't aware the three letters weren't helpful, thanks for clearing up!
Ref. the sum being small against cost of my property, I had read that somewhere, again thanks. Yes the incorrect spelling was minor, thought I could have had an angle to go at as it went through the DRA, solicitors and court proceedings without being picked up. Would it be taken into consideration that this mis-spelling had my son thinking it was junk rather that such important documents?
I have one other default dated 14 April 2011 with Lowell (OC unknown) for £82. The rest is in order.

Amethyst, granted, I didn't send a change of address, but surely the fact they chased a CCJ up on a debt which they shouldn't have, as the account was SB, would mean in the eyes of the law this CCJ shouldn't have been ordered against me? Although I know I don't have the slightest clue as to how these things work! I'm not meaning to sound like a 'I'm right you're wrong' type, just trying to get my head around all of these details. Gutted about the £1000 maximum idea's ending!

Thankyou both so much for taking the time out so far

C x

**wales01man** · 23rd September 2016, 07:41:AM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

You have to get the CCJ set aside a court does not retract a CCJ you have to pay a fee for this unless you qualify for fee remission

**Amethyst** · 23rd September 2016, 08:03:AM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

The charging order won't really affect you unless you are considering selling the property. In the future you could simply make some arrangement to pay the charging order amount off by installment or settlement and have it removed. The CCJ will be affecting you, and possibly your son if financially linked, via your credit file as it was show on there for 6 years and restrict you obtaining credit. So it depends what your priorities are at the moment as to how much effort and expense you should go to to attempt to have the CCJ set aside. The CO can't go to an order for sale as it's under £1000 and tbh it is quite rare they go to sale order on larger sums.

**Debt Camel** · 23rd September 2016, 09:52:AM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

Originally posted by Crispy View Post

I have one other default dated 14 April 2011 with Lowell (OC unknown) for £82. The rest is in order.

Bingo! It sounds as though you are one of the very few people who qualify for an Administration order. For these you have to have a CCJ and have debts that total less than 5k - hardly anyone meets both criteria at the point where they seek debt advice.

See https://www.nationaldebtline.org/EW/...s/Default.aspx for details about an Administration order.

You will see here that the fact you qualify for an AO is listed as one of the grounds you could challenge making an interim charging order final: https://www.nationaldebtline.org/ew/...deradvice.aspx.

I have never gone through this with a client, it is pretty rare. I suggest you talk to National Debtline about whether they think this will work and how to do it i.e. should you apply for a an AO now? what about a composition order?

Having said this, I think Amethyst's point that a charging order isn't the end of the world is important.

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This is ignoring whether you could get the CCJ set aside. It's possible that you could, but the court papers went to a sensible address which you continue to own. It's hard to argue that you had a good reason for not defending the case at the time.

**Diana M** · 23rd September 2016, 09:54:AM

Re: Final Court Order served against property Home Retail/Cabot/Drydens URGENT

According to your first post the account wasn't defaulted until 2011 (Call Credit upload). If you hadn't made a payment since 2008 why do you think the default took so long to register? I would have thought the account should have been defaulted by the original creditor long before then. You need to be certain the debt would have been SB before the summons was issued in November 2015.

If it was SB by that date (claim issued) then you would have had a Defence.

A CCJ can be set-aside by consent with the other party if they are willing. If there's no CCJ then there can be no charging order (obviously).

If you're certain that this debt was SB (and you can prove it) you could ask Drydens Fairfax to agree to set aside the CCJ on the basis that you'll make an application to the court if they don't agree. Call their bluff and see if that works.

You would also have to prove that Cabot should have known you weren't living at the address when the claim was issued. Even though you live in France are you on the electoral roll in the UK? Do you have any financial products (bank account or credit card) registered at your UK address? If the creditor checked your CRA file before they issued then they would have seen these things and possibly argue that they had reason to believe you were living there. You can check to see if they searched your file.

Di

Final Court Order served against property Home Retail/Cabot/Drydens URGENT