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I found out that Cabot Financial obtained a CCJ against me at an old address. I was unaware of the CCJ it only came to light when I tried to apply for a mortgage. I applied to have the CCJ set aside on the grounds that I had updated Cabot with my new address in Austalia (as I had moved abroad) and that the claim form was served on the wrong address.
Cabot defended the application, in the witness statement, they said they had no record of me ever updating them on the new address and requested that the application be struck out.
During the court hearing, the judge asked me to provide evidence that I had updated my address with Cabot. I played the judge a recording of a telephone conversation I obtained from Cabot via a SAR which you can clearly hear me update the advisor on my new address (the solicitor acting on behalf of Cabot look a little gobsmacked) and the judgment was set aside.
This all happened 11 months ago and I hadn't heard anything from Cabot or the court so I phoned the court who informed me that Cabot had made 2 applications for summary judgment both were struck out and that no hearing date was set with the last application by Cabot made over 4 months ago.
My question is can I make an application to have the whole claim struck out? or summary judgment in my favor? do I have any options other than waiting? It's taking so long I just want it gone.
Cabot defended the application, in the witness statement, they said they had no record of me ever updating them on the new address and requested that the application be struck out.
During the court hearing, the judge asked me to provide evidence that I had updated my address with Cabot. I played the judge a recording of a telephone conversation I obtained from Cabot via a SAR which you can clearly hear me update the advisor on my new address (the solicitor acting on behalf of Cabot look a little gobsmacked) and the judgment was set aside.
This all happened 11 months ago and I hadn't heard anything from Cabot or the court so I phoned the court who informed me that Cabot had made 2 applications for summary judgment both were struck out and that no hearing date was set with the last application by Cabot made over 4 months ago.
My question is can I make an application to have the whole claim struck out? or summary judgment in my favor? do I have any options other than waiting? It's taking so long I just want it gone.
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