Cabot CCJ at my old address

[AllanKevin]

Hi,
I am hoping someone could possibly give me some advice on this subject, I have spent ages trawling through loads of posts for information but I thought it may be a good idea to post my problem to see if there's anything I have missed.

Here goes....

I checked my credit report last night and to my horror I discovered a CCJ from 6/10/16 I have telephoned the court to discover its from Cabot for a sum of £2620. The Address being my old one as I moved earlier this year. Obviously I haven't received any papers etc from them at all.

The debt is from an old Capital one card that I haven't acknowledged in any way for approx 6 years (more on that later) I moved house in September 2014 after my divorce and the letters followed me to my new address. In November 2015 I had a heart attack and on release from hospital moved in with my girlfriend (to be looked after) I carried on paying the rent etc at my house until April this year when I officially moved out. I informed everyone I could think of that my address had changed (Including the credit reference agencies ) I still had the keys for the old property (its owned by a friend) until late July this year and I would retrieve any mail etc. From August onwards I no longer had access.

I am certain Cabot were fully aware I had changed address (they knew straight away the last time I moved) and I feel they have used the fact I was no longer at my old address to be able to sneakily get a CCJ by default. Knowing If I hadn't received papers I would not be in a position to respond.

What would my chances of getting the court to set aside the judgement based on the above?

As for the "debt" itself.... I have a copy of my credit file that I printed off on 19/6/2014 and the Capital one account is on there. I am a little confused as the same report seems to show that the last payment I made was in August 2010 and yet where the payment amounts are listed it seem to show a payment coming off in November 2010? I would have to post a pic to show what I mean. I do have a statement from C1 dated 14/9/10 that I have written "payment sent 7/7/10 " and this is for the same amount that shows as coming off the November 2010 on the equifax file.

Would it make sense that if I can get the judgement set aside they would no longer be able to chase me as the debt would now be statute barred being over 6 years since I made any payment?

I really hope to get this sorted as my credit rating was recovering nicely and a new CCJ has thrown a spanner in the works!

Thanks in advance.

[AllanKevin]

Re: Cabot CCJ at my old address

This is a pic from the credit report printed on 18/6/2014, You can see that looking at the date "blocks" the last payment seems to have been made in August 2010? And yet if you look at the text you can see a payment of £130 that comes off the November account? (This is the payment I sent on 7/10/10) Where do I stand with this with regards to the 6 year limit?



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[nemesis45]

Re: Cabot CCJ at my old address

[QUOTE=AllanKevin;683564]This is a pic from the credit report printed on 18/6/2014, You can see that looking at the date "blocks" the last payment seems to have been made in August 2010? And yet if you look at the text you can see a payment of £130 that comes off the November account? (This is the payment I sent on 7/10/10) Where do I stand with this with regards to the 6 year limit?

Good afternoon,

Any payment or written acknowledgment of the debt in the relevant 6 year period sets the limitation clock back to zero from the date the payment was made.


Did you make this £130.00 payment personally?

My guess is that there could be a clerical error in the posting of the details on credit files. Which CRA are you checking?

Set aside application (Form N244 has a fee of £255.00) You would have to show that you have defence to the original claim that has a reasonable chance of success.

Would Cabot have been aware of a change of address, e.g. Electoral Roll data?

nem

[AllanKevin]

Re: Cabot CCJ at my old address

Hi, I assume that last payment was by cheques (as I had written "sent" on the statement. I am wondering if I still have bank statements from that time to see when it actually left my account. I wouldnt have thought it would have been any late than mid October 2010.

The CRA that report came from was equifax. All mention of this account totally vanished from equifax and experian shortly after I printed that report. Don't know why?

I contacted the local council on the 3rd May this year to say I had moved out of the property. I continued to live at my girlfriends house until July this year when we moved to another property. I registered myself online at the electoral register on the 22/08/16 (at the current address)

I don't yet know what my defence would be? As I had no idea until last night that proceedings had been started I haven't found out if Cabot have any original agreement signed by me.

What would you recommend my next step be?

[nemesis45]

Re: Cabot CCJ at my old address

Possibly removed as at 6 years from the default date all defaulted accounts are removed paid or not.

nem

[AllanKevin]

Re: Cabot CCJ at my old address

I really don't know what to do with this. Could anybody give me an idea how likely it is I could get this set aside? I have no idea what documentation Cabot have for this account. I know I am going to have to get moving soon (I have been ill the last 2 weeks) and I obviously do not want to throw more money at it if theres little chance of success.

I do not know what defence I have re the claim as I do not have any of the papers that Cabot may (or may not) have.

If I did manage to get it set aside would it them be the end of the matter as it would certainly be over 6 years since any payment was made to the account? Or would the court give them the extra time (because of the set aside etc) ?

Thanks

Martin

[charitynjw]

Re: Cabot CCJ at my old address

I discovered a CCJ from 6/10/16

Therefore the claim must have been issued mid September 2016 or earlier.

the last payment seems to have been made in August 2010

So the first unpaid month would be September 2010? (Obviously the default occurs when you don't pay; the oft-quoted '6 years from last payment' is not quite correct)
Then there is the £130 payment in October or November 2010.
As the actual default date (not necessarily the Credit Reference Agency 'default' date) would usually be 2 or 3 months after the first unpaid month, imho a stat-barred defence seems unlikely to float.

[AllanKevin]

Re: Cabot CCJ at my old address

As the actual default date (not necessarily the Credit Reference Agency 'default' date) would usually be 2 or 3 months after the first unpaid month, imho a stat-barred defence seems unlikely to float.

Hi, thanks for the reply. I did not intend to use Stat barred etc as my defence. But what I was trying to ask was that if I did manage to get it set aside due to never having received papers (moving house etc) Would it mean that by the time they started proceedings again the debt would have become Stat barred because of the timescale of the set aside / them taking me to court all over again probably taking long enough for it to be over 6 years. Or would the court discount that as the original proceedings were within the 6 years?

Thanks

[charitynjw]

Re: Cabot CCJ at my old address

A set aside brings proceedings to the status of the claim before judgment was given.
The claim reverts back to being 'live', so they would not have to reissue it.
As the claim, once issued, temporarily halts the SB clock, you would go back to that position (ie a kind of time freeze) as far as SB is concerned.

[nemesis45]

Re: Cabot CCJ at my old address

Hi, thanks for the reply. I did not intend to use Stat barred etc as my defence. But what I was trying to ask was that if I did manage to get it set aside due to never having received papers (moving house etc) Would it mean that by the time they started proceedings again the debt would have become Stat barred because of the timescale of the set aside / them taking me to court all over again probably taking long enough for it to be over 6 years. Or would the court discount that as the original proceedings were within the 6 years?

Thanks

The 6 year limitation clock stops on the date a claim is issued.
If you apply for the judgement to be set aside you will still need to have a defence to the original claim which has a REASONABLE chance of success.

nem

[AllanKevin]

Re: Cabot CCJ at my old address

Thanks everyone for the replies.

I think I am just going to have to bite the bullet and pay them. After an horrendous few years involving divorce, my mum passing away, having to go to court to get to see my kids etc and an heart attack less than a year ago I feel like I am finally getting back on track and the last thing I need is a CCJ on my credit file.

My credit rating has been slowly improving until this and I would have to pay this amount in full no later than tomorrow for it not to appear on my file? I am sure Cabot are fully aware of my new address and only used my old address as a cheap way of getting judgement by default!? I have no idea what paperwork they have re the account as it was so long ago since I opened it....probably late 90s ish.

To me it seems like I dont really have much choice but to pay and at least save the court fee for a (probably) unsuccessful set aside? The thought of being right back to square one with a CCJ is not good.

Thanks everyone

[Diana M]

Re: Cabot CCJ at my old address

I discovered a CCJ from 6/10/16 I have telephoned the court to discover its from Cabot for a sum of £2620. The Address being my old one as I moved earlier this year. Obviously I haven't received any papers etc from them at all.

The debt is from an old Capital one card .

How old is this "old Capital One card" account? What year did you open it?

So far you've only focussed on the statute barred argument but you may have other legal arguments if that doesn't have any potential.

Your next step should be to call NCCBC on 0330 123 1056 and ask for a copy of the Default Judgment (CCJ) and the Case Details which will be a computer printout of the claim history including the Particulars of Claim.

If you don't know the claim reference number you can get that from the Trust Online website here > http://www.trustonline.org.uk/search-yourself

What you want to avoid is any enforcement action by the Claimant.

Have you got any credit information showing on your CRA file at your current address such as a bank account or credit card or mobile phone account etc? If so your old address may be linked to your new address which the Claimant would have been able to see if they had searched your file before issuing the summons.

Check your 'Linked Addresses' and 'Searches' sections of your CRA file.

Di

[AllanKevin]

Re: Cabot CCJ at my old address

How old is this "old Capital One card" account? What year did you open it?

So far you've only focussed on the statute barred argument but you may have other legal arguments if that doesn't have any potential.

Your next step should be to call NCCBC on 0330 123 1056 and ask for a copy of the Default Judgment (CCJ) and the Case Details which will be a computer printout of the claim history including the Particulars of Claim.

If you don't know the claim reference number you can get that from the Trust Online website here > http://www.trustonline.org.uk/search-yourself

What you want to avoid is any enforcement action by the Claimant.

Have you got any credit information showing on your CRA file at your current address such as a bank account or credit card or mobile phone account etc? If so your old address may be linked to your new address which the Claimant would have been able to see if they had searched your file before issuing the summons.

Check your 'Linked Addresses' and 'Searches' sections of your CRA file.

Di

Hi Di, thanks for the reply.

I can't seem to find when I opened the account as I threw the oldest statements away a few months ago. After having a good think about it I now reckon the account was opened in 2001 (2002 at the latest) the last payment was a cheque I sent on 7/10/10

When I phoned the court they emailed me a pdf of the claim / judgement. The details are ref C1CD1FOE claim of £2413.13 plus £207 costs making £2620.13 by instalments of £50 a month starting 5/11/16. The solicitors are Mortimer Clarke.

I have had a look on my credit files (Experian, Equifax, Noddle) All of them show my current address (as my current address)

Experian shows my current address as "Non registered address E1" And says "Not registered on electoral roll" Under linked addresses it shows 13!? linked addresses ?? On looking at these it seems they have listed the same thing a few times.....my move between 2 previous addresses (more than once???) As well as 3 listings linking my present address with the previous, These 3 all showing the same date (22/8/16)

Noddle even though it has my current address does not show a link between that and the previous, it does show a link between the previous and the one before that.

Equifax Shows my current address but in the Linked Address section says "No data present" The only search that isnt from equifax etc is one from Cabot on 26/9/15 and is shown as "Trace enquiry"

None of my existing credit (Barclays, EE, Barclaycard) shows as being at my current address (even though they are aware I have moved ???

The house moves went something along these lines ....House 1 to Sept 14.... moved to house 2 and had heart attack Nov 15 on release from hospital my girlfriend looked after me at her house but I was still officially living at house 2 (paying rent / council tax etc) up to May 16 and then In July 16 we moved into the current house.

I really hope there is maybe some way of avoiding paying Cabot £2600 tomorrow if possible. I have an unused (for 18 months) Credit card that I have for emergencies and I really rather not if theres any other way.

Thanks again

[AllanKevin]

Re: Cabot CCJ at my old address

Sorry! I forgot to mention that I have an email from Electoral registration thanking me for asking to be added to the register at my present address. The date of that is 22/8/16 (Same as the linked address mentioned in my previous message)

Dont know if its relevant or not but thought best to mention it.

[Diana M]

Re: Cabot CCJ at my old address

Hi Di, thanks for the reply.

I really hope there is maybe some way of avoiding paying Cabot £2600 tomorrow if possible.

You can still make an application for a set aside of the CCJ even if you pay them as long as you make it clear that you are "paying under protest" (use those exact words) so that you will not have CCJ registered on your credit file/history.

Make that abundantly clear in writing as the court will need to see it if you go ahead with an application for a satisfied CCJ.

You also need to make clear in writing at the same time that you will be making an Application to set aside the Default Judgment in due course.

Don't go into any further detail at this point. Partly because it's not clear whether you have a legal case yet.

Then fight to get your money back if you can

Di