Cabot claim a CCJ in place - Call their bluff?

[Grinfish]

Ok, but rather than just "enter my home" change to "access my home and garden" (if you have one!)

Not had my own garden in years. I don't even live on the ground floor where I am now. Naturally that can create its own issue with a communal access door to the building, but I can shout swear words through my own self-contained door until someone else calls the cops if it came to that. It won't, I'm sure.

Plan is to email it - to meet their response deadline- then via post (with PoP, obvs) to follow, which will be stated in the email.

It bugs me when you get a 7 day response window, the letter arrives on Day 4, and you work (through PO hours) until Day 9. I flat refuse to engage in telephone conversations unless personal or initiated by myself with my recognised contacts (council, utilities, landlord and such), partly because my sole record is the time of the call.

The frustration caused by responding within a time limit, hearing sod all for a couple of weeks, then being expected to respond within their time limit is quite vexing.

Should I start putting (un)reasonable (to people in a normal day job) time demands on them in response? I can barely access my emails during my work hours, let alone take time out to research case Law and come back with a strong response. I also don't want it to become a Keyboard Warrior scenario where we just constantly bump emails at each other, as it only takes one virus breakthrough to wipe out one side of the argument.Should I propose a 10 to 14-day turnaround?

[des8]

Correct - only communicate in writing (emails or snail mail)

Ignore their time limits if it suits you.. they are meaningless. They will ignore yours.
i have over the years had numerous communications from solicitors with time limits to respond, and as a matter of course I do not reply until the day after expiry.

The only time to put in a meaningful time limit is if it is on the lines of "no response within 14 days and I will initiate court proceedings without further reference to yourself.

Did you send that letter as post 47? if not include the contents now

[Grinfish]

Correct - only communicate in writing (emails or snail mail)

Ignore their time limits if it suits you.. they are meaningless. They will ignore yours.
i have over the years had numerous communications from solicitors with time limits to respond, and as a matter of course I do not reply until the day after expiry.

The only time to put in a meaningful time limit is if it is on the lines of "no response within 14 days and I will initiate court proceedings without further reference to yourself.

Did you send that letter as post 47? if not include the contents now

No I didn't, hence why I mentioned my dithering and my proposed wording. If you think there is anything more I need to tack in, now would be a good time as I intend to fire off tomorrow by email (Saturday via Snail on the one day I can properly)

[des8]

No, what's writ is fine...I was overthinking (or not thinking at all!)

[Grinfish]

Update(ish):

I've heard nothing back, some 2-3 weeks on.

Thoughts:

i) they've backed off, but aren't going to say so
ii) they simply haven't got around to moving onto their next action or are creating dramatic tension
iii) they have lodged a request for permission to execute the CCJ, and are waiting for the result.


Proactive/reactive thoughts in response (though not tied respectively) to i/ii/iii:

a) Do nothing, just let whatever happens (or not) happen (or not)
b) Poke the Bear and ask them what they're doing, or not doing
c) Expect the Spanish Inquisition, empty savings account into my socks etc.

Perhaps they're just waiting for the new tax year....

[des8]

No news is good news (at least that's what my gran used to say)

I would sit tight and do nothing.
You've told them to wake up and smell the coffee, they know you're not going to roll over.
Ball is in their court ... leave it there

[Grinfish]

UPDATE

New letter from MC received this weekend. I'll be more full about it soon but Covid's decided to pay a visit so I'll give crib notes:

Apparently they have "investigated my dispute" - I never raised one, I simply didn't acknowledge their claim whilst providing them with the info in my previous letter (earlier in this thread).

They've sent copies of some docs - CCA, Notice of Assignment (we bought the debt, so now you talk to us) and a statement of account (original balance with no charges as they legally can't apply any unless they get the Court to back them up).

They mention the CCJ a few times, saying this means they don't need to give me any other documentation. We believe you're liable, etc. 21 days to supply in/ex financials before they refer back to client.

This is either another trap to get me to acknowledge, or ammunition for a WoE request at court.

I'm tempted to blind-side their waffle (or state that a dispute has not been raised as there was no actual acknowledgement of a claim) and just repeat CPR at them. Also wondering if I should start listing costs for writing them any further letters.

I'll supply some redactful scans when I'm not focused on the 'rona, in case there are any hair-splitting legal language pitfalls I need to avoid. They did suggest I could seek independent legal advice - I'm assuming that's out of an obligation to be seen acting in Fairness, rather than them actually wanting me to lawyer up.

In the meantime, health and wellbeing first but I thought I'd leave you some bones to chew on whilst I deal with this infectious beastie.

[Grinfish]

Been doing some reading on "Beat the Bailiff" type pages. They wax on about asking for the Deed of Assignment to be presented, as opposed to the Notice of Assignment. Does this have any mileage worth the effort?

[des8]

Sorry to hear you're infectious trust you will soon recover

The clue in the amount of power they wield is " before they refer back to client".

That means they have failed to collect and they are going to have to admit toi their client that they have failed.... and they are the experts!

You either continue to ignore or reiterate that you are aware a CCJ cannot be enforced after the lapse of 6 years without the permission of the court, so would they kindly stop bothering you and wasting their own time and money as you have no intention of playing letter tennis.

Regarding assignment, the creditor only has to supply the debtor of a notice of assignment.(here's a thread on that very topic: https://legalbeagles.info/forums/for...gnment-of-debt )

[Grinfish]

The pesky bug (sadly I mean Covid, not Morty) has passed, so now I'm back up to speed with things here are the redactful scans I promised. It does read a bit like "We believe, and We want You to believe too". I may give them a Parliamentary response, and refer them to the statement made some letter(s) ago.

[des8]

... or you could refer them to the answer given in Arkell v Pressdram

[Grinfish]

... or you could refer them to the answer given in Arkell v Pressdram

Don't tempt me. I may keep that in reserve for their next letter

[Grinfish]

So, that was a wee bit of a wait.

After responding to them simply with a verbatim quote from CPR and a polite suggestion to save time and expense by not corresponding further (as I wouldn't be), then duly posting it a day after their response date (which worked nicely in-synch with a bank holiday weekend!) I've received the below from Morty which is actually printed on regular stock paper but could possibly be mistaken for a white linen flag. Being unable to investigate due to the age and nature of the account sounds much like a civilised way of saying "we can't backup our bull***".

I guess I'll still have to see what cunning ruse Cabot aka Marlin V come up with next, but this chapter of the story has a satisfactory conclusion. If their own solicitors can't break through due to lack of information about an account they're trying to claim against, it sounds like they'd struggle to get a court to give them the green light to enforce.

A small donation is long overdue, so consider it done - and if Cabot quietly back down in the nearish future, expect another one to follow

Thanks for the support on the adventure so far, it's been a very educational experience too!

[des8]

[MIKE770]

Never mind ah!!!