Cabot/CCJ /help

[dbadz]

Hi guys.
New to this but im in need of some serious help now as tgis has been dragging on for six months now so briefly.
I recieved a letter from cabot who informed me I owed them over two grand for a debt they have purchased from a lender.
They then placed a ccj application against me .I went online explaining my intent to defend the claim.I was advised not to enter a defence at that time
I wrote to them explaining I didn't recognise the said debt nor did I acknowledge it.
So sent them a cca request on January 20th this year which they received at their company the next day January 21st ,I have documented evidence of this.Signed and received.
Now heres the sticking point.
They obtained ccj judgement on the 21st January/same day as cca request.
I wrote to them after 30 days and they sent me a letter explaining the debt was now unenforceable. So I ignored it.
They then wrote back to me saying the debt WAS enforceable as they had obtained judgement on the same day as the cca request.
They have not complied with the cca because they cannot obtain the original credit agreement .
I wrote to them and told them the debt was unenforceable and i had operated within the correct time line to respond.
Also i have asked for last known payment of any debt to the original lender to be made available as i believe any debt would now be barred under statute.
Cabot are sticking to their guns and are sending me warning letters threatening bailiff action and sending means enquiry forms.
Im insisting with them that the cca stands as it was received the same day they obtained judgement.Thier excuse for not comiling with the cca is that it gets sent around various departments before it is addressed.
Im saying nonsense but its now stale mate.
Can anyone help?? as this has dragged on for six months .Apologies if this is in the wrong thread as i have never posted before only read your advice on the pages.Thanks in advance. Kim

[FlamingParrot]

Re: Cabot/CCJ /help

Welcome aboard

New to this but im in need of some serious help now as tgis has been dragging on for six months now so briefly.
I recieved a letter from cabot who informed me I owed them over two grand for a debt they have purchased from a lender.
They then placed a ccj application against me .I went online explaining my intent to defend the claim.I was advised not to enter a defence at that time
I wrote to them explaining I didn't recognise the said debt nor did I acknowledge it.

Once you are issued a claim, you have to acknowledge it and then file a defence within 28 days of receipt, otherwise the claimant can request default judgment. If you only acknowledged service but failed to file a defence, they would have been entitled to default judgment.

Whoever advised you not to enter a defence basically landed you with a CCJ. :mad;

So sent them a cca request on January 20th this year which they received at their company the next day January 21st ,I have documented evidence of this.Signed and received.
Now heres the sticking point.
They obtained ccj judgement on the 21st January/same day as cca request.
I wrote to them after 30 days and they sent me a letter explaining the debt was now unenforceable. So I ignored it.
They then wrote back to me saying the debt WAS enforceable as they had obtained judgement on the same day as the cca request.
They have not complied with the cca because they cannot obtain the original credit agreement .
I wrote to them and told them the debt was unenforceable and i had operated within the correct time line to respond.

Once a claim is issued, you need to file a defence within the time frames regardless of whether you have sent a CCA request. If judgment was entered before your defence was due, you could apply to have it set aside, however, that would depend on the exact date the claim was issued. If your defence was already due by the 21st of January then judgment could be entered.

Failure to comply with a CCA request can be used to stop enforcement while they are in default but you still need to submit a defence stating this fact. The letters you received saying it was unenforceable would have been their generic templates they use to respond to each and every CCA request received, regardless of whether a claim has been issued. :mmph:

Also i have asked for last known payment of any debt to the original lender to be made available as i believe any debt would now be barred under statute.

Statute barred is a procedural defence, you need to submit a SBd defence.

Cabot are sticking to their guns and are sending me warning letters threatening bailiff action and sending means enquiry forms.
Im insisting with them that the cca stands as it was received the same day they obtained judgement.Thier excuse for not comiling with the cca is that it gets sent around various departments before it is addressed.
Im saying nonsense but its now stale mate.
Can anyone help?? as this has dragged on for six months .Apologies if this is in the wrong thread as i have never posted before only read your advice on the pages.Thanks in advance. Kim

You may be able to apply for set aside but it would all depend on the sequence of events leading to the judgment. :decision:

Otherwise I'm afraid all you could do at this stage is to make an affordable instalment offer to pay off the CCJ, backed by an income and expenditure statement to prevent further enforcement action.

[dbadz]

Re: Cabot/CCJ /help

Fantastic reply.thankyou.
The advice for not submitting a defence when replying online via the county court website was followed (im sure)directly out of theses forums .I will try and find a link .
To set aside judgement does this have a time frame ? And it's costly ?
Kim

[FlamingParrot]

Re: Cabot/CCJ /help

What you may have read is that you don't submit a defence immediately, you start by acknowledging the claim which gives you an extra 14 days to prepare and submit a defence. You still need to file it within 28 days of receipt of the claim.

The court will consider any reasons you may have had for not submitting a defence but TBH saying you read that on a forum probably won't convince them. :mmph: the court will also consider the timing of your set aside application and your reasons for delaying it (for example if you were not aware of the judgment) and the strength of your draft defence. The application fee is £155 unless you qualify for fee remission.

[dbadz]

Re: Cabot/CCJ /help

Thankyou very much for your replies