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Cabot claim a CCJ in place - Call their bluff?

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  • #31
    Originally posted by DE DOGS View Post

    Mike if you look back on previous reports, there are members who have lived at the same address and still get a CCJ

    The question was have they moved in the last few years, not if/buts/















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    • #32
      Happy New Year Beagles!

      So, my initial SAR to Cabot is about 3 days away from them technically defaulting on providing the information. Since posting it, I've not made any contact with them, and my plan was to email them to remind them of the deadline as a "courtesy" with a couple of days remaining - however other than their Complaints email address, I couldn't find a service email and I'm reluctant to fill in anything on their website!

      So, shall I just sit out the last few days then email their Complaints line? Should I just go straight to ICO? Should I write them again at the end of the week? I got proof of delivery on 6th Dec, so I reckon nothing by Saturday 8th would be about right?

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      • #33
        Originally posted by MIKE770 View Post


        The question was have they moved in the last few years, not if/buts/














        I wonder if contacting the Court would get the answer ?. My guess is they apply for the summons once granted then amend it ?.

        Comment


        • #34
          UPDATE(s)

          Cabot's time is up on the SAR. I gave them an extra week due to the public holidays within the period, and as I made no further encouragement in the meantime, I've given them a 7 day ultimatum , also by First Class Signed For - after that, the ICO get nudged.

          By purely coincidental timing I'm sure, I received a letter yesterday from MC (even if it was backdated a week To Friday 7th - I always date mine within 2 days of posting at the worst, and 6 days from send to deliver for an important letter seems quite lacksadaisical, especially with a 14 day deadline) that has a slightly more affirmative tone but STILL cites no CCJ reference.It also included a form for me to fill in my income and expenses, which I take it would usually be a pre-cursor to a Letter Before Action? I'm not filling it in or giving them any response as yet.

          FYI: I have now paid for 3 searches on the Land Registry of previous addresses - my current address has no info available. The only one with a charge against it is due to an equity release that has nothing to do with me. So, nothing applied correctly, if at all!

          Docs in and out below. Happy to accept any critique or advice for the Next Round.




          Attached Files

          Comment


          • #35
            Your postcode is shewing...suggest you remove your letter

            As you don't have a property, how are they going to obtain an order for sale?
            One last letter telling them you have no details of any CCJ, and they need to tell you what, when and where.
            End with a PS that if they don't comply they had better try and obtain an order for sale, and you wish them the best of luck!

            or just ignore them until and if they try court

            And complaint to ICO

            At least that's what I would do

            Comment


            • #36
              That's Cabot's postcode, not mine

              Comment


              • #37
                Update:

                Received in post from Cabot on Saturday (my ultimatum for an ICO complaint) a letter that they have received my SAR - the Second copy I sent with the warning, not the initial one from the beginning of December! Both were sent Signed For, tracked as Delivered. The only debatable issue is the signature entered by the postie on delivery. The second states "Cabot", the first appears to be a random string of capital letters (possibly a typo by the postie on their screen?) yet both are signed off.

                So, now Cabot want proof of ID before the calendar month cycle starts which is fine, but do you all think I should proceed with a complaint to ICO as well on the strength of the tracking confirmation?

                Either way, I expect our friends at Morty Clarke will be dropping the next pile of doodoo on my doorstep this week.

                Comment


                • #38
                  I would continue with the complaint to ICO

                  I find it odd that after sending you a letter stating "A County Court Judgment (CCJ) has been obtained on this account, which we have enforced with a Charging Order. We attempted in the past to speak to you, but you have failed to get in contact to repay." they suddenly need proof of identity!

                  Comment


                  • #39
                    Originally posted by des8 View Post
                    I would continue with the complaint to ICO

                    I find it odd that after sending you a letter stating "A County Court Judgment (CCJ) has been obtained on this account, which we have enforced with a Charging Order. We attempted in the past to speak to you, but you have failed to get in contact to repay." they suddenly need proof of identity!
                    As I haven't contacted them before the SAR, it would be considered due diligence - can't dispute that, and it's all part of the SAR request as handing out personal data without proof of person is generally considered a no-no. It may also why they've been elusive on the CCJ details?

                    Also, their response included an email address I can use! Woohoo!

                    It also included TWO different ref numbers - one being from their "claim" on the former letters, the other being a new one which I assume is specific to the SAR.I won't be using the first ref on the grounds that I'm not acknowledging their claim and the SAR is legally its own entity and thus shouldn't be tied to it.

                    Anyway, my next steps are:

                    Email scans of the relevant ID proofs - if they demand them in physical copy, they can just print them out themselves I'd think? Postal copies will follow if they get funny about it. I'll be insisting on a response by email during this week to confirm if the scans are acceptable or not. Waiting for the exact same thing but printed on a piece of A4 would seem an unnecessary delay to me.

                    Note in the email the ICO complaints procedure has been activated on the basis of an unsatifactory explanation due to my evidence of postage and delivery.

                    If nothing else, it might expedite their reply.

                    Then wait (again). I anticipate Morty are gonna start turning the screws on whilst Cabot dither and delay to leave me half-blind.


                    In the meantime, a query to all you folks re: Charging Orders on Property:

                    If a property was sold legitimately by the bank holding the mortgage (and thus the titles and deeds) to clear owings to them before the charging order came into being, would it still appear on the Land Registry? This may be why I can't find a charge against the property from all those years ago, as I would have already been (in my mind) removed of any ownership. In which case, the CCJ would be valid but practically unsearchable without historical knowledge of it being granted, whilst the charging order would be null and void due to the object of the charge already being disposed of.

                    Comment


                    • #40
                      If the charging order could not be registered because the debtor no longer had an interest in the property I imagine the creditor would have been informed.
                      The County Court Judgment would still exist, as would the debt, but after 6 years is unenforceable without permission from the Court.

                      Comment


                      • #41
                        Originally posted by des8 View Post
                        If the charging order could not be registered because the debtor no longer had an interest in the property I imagine the creditor would have been informed.
                        The County Court Judgment would still exist, as would the debt, but after 6 years is unenforceable without permission from the Court.
                        Yeah, but it may explain why my Land Registry searches turned up Zilch. Charging order existed, but got pre-empted. In which case, there's just that ghostly CCJ hovering waiting for a target.

                        Anyway, proofs fired off, along with notice of ICO complaint being filed. I stopped just short of asking them to get Morty Clarke to back off until it was sorted, but I can do that myself if needs be. On to the next chapter!

                        Comment


                        • #42
                          Originally posted by Grinfish View Post

                          there's just that ghostly CCJ hovering waiting for a target.

                          !
                          but the chances of the Court giving permission to fire it off are slim!

                          Comment


                          • #43
                            Another wall of security to break through before getting a proper response by email, le sigh but not unreasonable. I hope they pay particular attention to the caveat I included only to talk about what I want to talk about, and not their claims, Fight Club etc.

                            Comment

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