Cabot claim a CCJ in place - Call their bluff?

[Grinfish]

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?

[MIKE770]

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!

[Fatabelly]

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?

[Grinfish]

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...

[Grinfish]

Just a quick update:

My SAR is ready to go on Saturday morning - due to working hours and currently lacking a printer (to be corrected this weekend) that's the first opportunity I have to get to the post office with a physical copy. I'm anticipating it will arrive with them probably around the same time MC's contact letter will be made in my direction (now they haven't had the luxury of a phone-in from me in the first instance). Once some Information starts flowing I'll keep you all in the loop, and we'll see how the joys of seasonal post delays impact on things.

Thanks for everything so far, and will keep checking back to see if anyone wants to add their insights or suggestions in the interim

[des8]

Yeah, my thoughts today agree. I'm assuming they'll balance the potential maximum gain against the effort and costs required to pursue further.

I assume when enquiring about the CCJ, any communication beyond an SAR should be headed Without Prejudice or include a statement to that effect?

"without prejudice" statements only apply to efforts to settle a dispute. It is allowed to encourage parties to be open without fear of their communications being used in court against them if they form part of a genuine attempt to settle the dispute,

So not necessary to use the wording if seeking information about their claim; just you don't admit to the debt

[echat11]

'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.'

If the above isn't true make formal complaints to the creditor and their solicitors, then when you receive a final response, if you still aren't happy, then lodge complaints with the FOS and Legal Ombudsman.

[Grinfish]

If there is a CCJ in place they might not be able to enforce it.
If over 6 years old they will need court permission and to get that there are a number of hurdles.

If /when MC write, then start questioning them about when, where and what that CCJ is about

Yeah, my thoughts today agree. I'm assuming they'll balance the potential maximum gain against the effort and costs required to pursue further.

I assume when enquiring about the CCJ, any communication beyond an SAR should be headed Without Prejudice or include a statement to that effect?

[des8]

If there is a CCJ in place they might not be able to enforce it.
If over 6 years old they will need court permission and to get that there are a number of hurdles.

If /when MC write, then start questioning them about when, where and what that CCJ is about

[Grinfish]

I would wait to hear from their solicitors Mortimer Clarke

I'm considering this - whilst also getting an SAR ready because naturally I need to know everything I can (without compromising my starting position) before deciding what further actions to take.

As their letter was dated 24th Nov and I didn't get it until the 29th, I'm already halfway through the 14 days so that makes some sense. I'm thinking perhaps they're trying to get me to "bite" before they apply to the court to re-enforce the old CCJ. As they're office-buddies, I'd guess it won't take too long - unless my following concern is a motive.

I am concerned that because they mentioned an old CCJ on the account, would that be considered legally as the point I become Aware of it even though they cited no supporting court reference numbers or dates? That could affect Promptness in an application to set aside?

Another concern if I did apply to set aside and was successful, unless I can find a fault in the original claim such as a failure in procedure I'd probably end up lacking a defence and thus back at square one but minus a paddle...

Much as I lost sleep over this on the night after the letter, I've come to terms with the inevitability that Something has to happen in the near future to resolve this, and it is likely to cost me to some level. I'm just hoping to avoid the worst outcome - spending 12+ years rebuilding myself just to lose the small gains of relative financial stability and self-esteem I gained from those efforts, due to the earlier period (in hindsight) of diminished responsibility and plain lack of common sense. I feel like I served my sentence once, and this is the punishment for a breach of parole by daring to set up a couple of direct debits.

Any further viewpoints and advice are most welcome, and I'm also happy to answer any questions I can about anything I didn't provide in my OP.

[des8]

I would wait to hear from their solicitors Mortimer Clarke

[echat11]

Final question at this point: Is it absolutely essential to include my phone number on the SAR? Could I substitute an email address? The idea of multiple missed calls whilst at work and nuisance of having to deal with them at inconvenient times is a concern.

Email is fine, easier to 'block' if they get noisy.

[Grinfish]

Final question at this point: Is it absolutely essential to include my phone number on the SAR? Could I substitute an email address? The idea of multiple missed calls whilst at work and nuisance of having to deal with them at inconvenient times is a concern.

[MIKE770]

Get dsar of to the. Get prof of posting keep copy on file top right click on subject Access request and fill out. No charge for that they have 30 days to respond

[MIKE770]

No not necessarily. Means if a sale takes place the debt needs to be paid out of proceeds