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Cabot claim a CCJ in place - Call their bluff?

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  • #16
    Brief update as not much to add...

    My postal SAR shows as delivered 6th December. Nothing received since from Cabot or MC (MC were meant to contact me within 14 days of the Cabot letter posted 24th Nov/received 29th Nov, so they're not showing great efficiency). I'll likely nudge Cabot over the SAR by email later this week, although as their dog's being sluggish pursuing me and the clock is now ticking against them in return...

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    • #17
      I can’t believe what I’m reading!?…your story is virtually the same as mine. Received a letter from Cabot stating CCJ obtained with charging order. Replied via email with Limitations Act letter using National Debtline template.
      Then received email stating CCJ was obtained in 2010 but I know absolutely nothing whatsoever about it! Never received any Court Papers in the past and now they’ve passed it on to Mortimer Clarke?

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      • #18
        Originally posted by Fatabelly View Post
        I can’t believe what I’m reading!?…your story is virtually the same as mine. Received a letter from Cabot stating CCJ obtained with charging order. Replied via email with Limitations Act letter using National Debtline template.
        Then received email stating CCJ was obtained in 2010 but I know absolutely nothing whatsoever about it! Never received any Court Papers in the past and now they’ve passed it on to Mortimer Clarke?
        start your own thread then maybe a set aside may be the way forward but need a lot more relevant info!

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        • #19
          Originally posted by MIKE770 View Post

          start your own thread then maybe a set aside may be the way forward but need a lot more relevant info!
          Likewise, such as whether a CCJ actually exists. Does anyone have any pointers (in my case, at least) on what specifics to approach the Land Registry with to look for charges against former property?

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          • #20
            Originally posted by Fatabelly View Post
            I can’t believe what I’m reading!?…your story is virtually the same as mine. Received a letter from Cabot stating CCJ obtained with charging order. Replied via email with Limitations Act letter using National Debtline template.
            Then received email stating CCJ was obtained in 2010 but I know absolutely nothing whatsoever about it! Never received any Court Papers in the past and now they’ve passed it on to Mortimer Clarke?
            What Mike770 said. Start your own thread, and both our issues can be monitored and helped along individually.

            You've taken a different approach to me by going straight in with the Statute Bar, so what happens next should be kept separate so people can advise us correctly on each different case.

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            • #21
              Originally posted by Grinfish View Post

              Likewise, such as whether a CCJ actually exists. Does anyone have any pointers (in my case, at least) on what specifics to approach the Land Registry with to look for charges against former property?
              You can get details about charges from Land registry proprietorship file for each property here @£3 per search: https://www.gov.uk/search-property-i...-land-registry

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              • #22
                Originally posted by des8 View Post

                You can get details about charges from Land registry proprietorship file for each property here @£3 per search: https://www.gov.uk/search-property-i...-land-registry
                OK so, I paid for the Title Search on my former property, and the only information returned is the current registered owner and the price stated to have been paid in 2016. Nothing prior.

                Do I need to request a more specific search for a time closer to my exit circa 2008? Or would an earlier charging order still be shown?

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                • #23
                  So if they have a charging order it is not against your former property.
                  That leaves the questions on which property was that alleged charging order made and what is it worth to them if it is not yours!

                  Basically they claim to have a charging order...... but you have no property
                  They claim to have an old CCJ ...... to enforce it now they need to return to court.

                  I would do nothing but await their next move, and then call their bluff

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                  • #24
                    One week later than expected, the MC letter arrives (dated 20th December).

                    Still a claim of a CCJ, but still no information about it.

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                    • #25
                      Ask them again for the details AND query which property has the order on it


                      I read it that they gave been told a CCJ exists but they don't know the details.

                      Pergaps a SAR to the original creditor

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                      • #26
                        IMO these guys are just trying to collect a debt which they know cannot be enforced and a clerk in the office is sending template letters.
                        The latest letter is not a reply to your latest so I would either ignore it completely or just send a one line reply: "please respond to mine of dd/mm"
                        You don't have a property, so there can be no charging order.
                        If the CCJ is over 6 years old they need to return to court to enforce it, and that move is seldom successful.
                        So they send letters hoping they can collect!

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                        • #27
                          One question and I hope you will know the answer ?. How do they obtain a CCJ when there was no information to the debtor with regards to the summons, no notice of the default, reading this forum I have noticed this occurs time and again. The first the client knows is as the above case was taken to Court and Judgement gained.

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                          • #28
                            moved home in the last few years??? as old address used??

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                            • #29
                              Originally posted by MIKE770 View Post
                              moved home in the last few years??? as old address used??
                              Mike if you look back on previous reports, there are members who have lived at the same address and still get a CCJ

                              Comment


                              • #30
                                If a claim is served on an incorrect address (either due to alleged debtor's move or a mistake by creditor) there may be no response to it.
                                The creditor then applies for a default judgment and alleged debtor wins first prize CCJ.
                                Alleged debtor first hears of it when debt collectors trace him and request payment

                                Comment

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