Cabot Financial - double trouble & a CCJ

[Rammy68]

Afternoon all. Apologies for very long first post!
I was recently (well May actually) surprised to be turned down for a loan - I haven't applied for much except renewing phone contracts and insurances etc.
When I got the offer through from TalkTalk for a free credit report etc. I thought it would be a great opportunity to check what was happening.
It turns out I have a default on a current account and a County Court Judgement against my name that I had no idea about!
(I've left forwarding addresses at previous properties and changed all my account details etc. and my email and phone number have been the same forever).
I wrote to Noddle first in respect of the default on the current account telling them their information was incorrect - but they wrote back and said the company concerned (Cabot financial) believed it to be correct and had refused to change it. I've since had another letter at my current address from Cabot saying that I owe £77.25 to Sky as well!
I've written to them to say the Sky account is nothing to do with me.

I've also applied to the court to have the CCJ set aside - I had no idea about it and certainly haven't received any documentation. I've had a reply from Leeds county court with a hearing set for 15th February. It says the claimant is "BDO LLP - Administrators of Ashton Morton Slack Solicitors".

Can the good forum help me with what I can do to get the CCJ set-aside. Do I write to the administrators demanding all paperwork etc, or just wait for the court date?

I've spoken to my ex-wife (I left the family home in 2008) and she's confirmed she has had financial difficulties and I expect once I've done investigating that the default on the current account and the Sky is connected with her - we are now divorced, but the financial paperwork was only signed in Sept 2015.

Is there anything I can do to get both the CCJ & the default removed - and how do I sort the Sky bill (that is for my Wife's address - and I had written confirmation from Sky in 2012 that they knew that and wouldn't be pursuing me for any money relating to that address - but I don't have a copy of that letter anymore)

Once again apologies for long post, and thanks in advance for any help given.

PS - I think this is in wrong forum, but if it needs moving then please do so (newbie :-) )

Rammy68

[nemesis45]

Re: Cabot Financial - double trouble & a CCJ

Good afternoon, welcome to LB,Have you actually applied to the court ( Form N244 Fee £155.00 ) for the
debt to be set aside?
When exactly was judgement given?
What were your reason for the application?
Do you have a defence for the original claim?

Did you have such a current account and if so do you
have any evidence that you informed the creditor of your
new address?

Did you update your electoral roll entry?

For the Sky debt with Cabot, you say " the financial paperwork was signed in Sept 2015" what is this paperwork a new Sky contract.

Let's be clear getting the default and the CCJ is not going to be easy.

For the Sky debt I suggest that you make a Subject Access Request under the provisions
of the Data Protection Act 1998 for all the " personal data Sky holds on you.
There is £10 statutory fee to pay and the recipient must reply within 40 days.
There is a template you can amend to suit this case in the forum library.

nem

[Rammy68]

Re: Cabot Financial - double trouble & a CCJ

Hi - and thanks for response.

have applied to the court ( Form N244 Fee £155.00 ) - Yes (hoping to get some detail as to what it was)

When exactly was judgement given? - 16th Oct 2011
What were your reason for the application? - Not quite understanding this Q - I did say on the court I completed that I was wasn't aware of any debts etc. I don't know what the CCJ is for - could it be related to the current account default - who can I write to to get the information?
Do you have a defence for the original claim/Did you have such a current account and if so do you have any evidence that you informed the creditor of your new address? -The default is on a current account - The accounts were in joint names when I lived with my ex-wife. I suspect she won't have got around to changing the names, and I haven't even thought about it until now. I am now divorced (but not until Sept 2015). My only defence really is that I didn't know about it. I haven't had any correspondence since I left the family home, so I haven't informed the creditor. It is showing as a reducing balance and is down to £360 being paid at £30 per month - I assume it's my ex that's paying it.

Did you update your electoral roll entry? - Yes

For the Sky debt with Cabot, you say " the financial paperwork was signed in Sept 2015" what is this paperwork a new Sky contract Sorry that wasn't too clear - the financial paperwork separating me from my wife was Sept 2015. I had a Sky contract at the family home until Dec 2007, then took out a new one in Jan 2008. My ex stopped paying it in 2011 and Sky wrote to me in 2012 to say they agreed it wasn't my debt - but I don't have a copy of their letter - only mine to them.

Let's be clear getting the default and the CCJ is not going to be easy. So I've read :-(

For the Sky debt I suggest that you make a Subject Access Request OK - I;ll do that tomorrow/Fri

In essence there's 3 things going off -
1. A CCJ but I have no idea what it's about, other than BDO/Ashton Morton Slack @ Leeds CC
2. A default - relating to a current account of £1859, that's showing as a current balance of £359, down from £809 in August 2014.
3. A new letter from Cabot saying I owe £77.25 in respect of a Sky account - this I do have a record of, and I wrote to them in May 2012 and received a reply agreeing it wasn't my debt.

I am in court in Leeds in February so need to get my ducks in order ref the CCJ - but obviously need to try and sort the default too.

Thanks again for assistance.

Rammy68

[nemesis45]

Re: Cabot Financial - double trouble & a CCJ

Hi - and thanks for response.

have applied to the court ( Form N244 Fee £155.00 ) - Yes (hoping to get some detail as to what it was)

When exactly was judgement given? - 16th Oct 2011
What were your reason for the application? - Not quite understanding this Q - I did say on the court I completed that I was wasn't aware of any debts etc. I don't know what the CCJ is for - could it be related to the current account default - who can I write to to get the information? OK getting a CCJ set aside more than 4 years after the judgement is not going to be easy!
Applications have to be made as soon as possible after the judgement order is made. I have no doubt the judge will want chapter and verse on why such an application is being made so late.
Do you have a defence for the original claim/Did you have such a current account and if so do you have any evidence that you informed the creditor of your new address? -The default is on a current account - The accounts were in joint names when I lived with my ex-wife. I suspect she won't have got around to changing the names, and I haven't even thought about it until now. I am now divorced (but not until Sept 2015). My only defence really is that I didn't know about it. I haven't had any correspondence since I left the family home, so I haven't informed the creditor. It is showing as a reducing balance and is down to £360 being paid at £30 per month - I assume it's my ex that's paying it.
++++ If this was a joint account both parties are jointly and severally liable for the debt.*******.
Did you update your electoral roll entry? - Good you can prove you were traceable.

For the Sky debt with Cabot, you say " the financial paperwork was signed in Sept 2015" what is this paperwork a new Sky contract Sorry that wasn't too clear - the financial paperwork separating me from my wife was Sept 2015. I had a Sky contract at the family home until Dec 2007, then took out a new one in Jan 2008. My ex stopped paying it in 2011 and Sky wrote to me in 2012 to say they agreed it wasn't my debt - but I don't have a copy of their letter - only mine to them. SAR to Sky at least they should be able to supply the letter.

Let's be clear getting the default and the CCJ is not going to be easy. So I've read :-( Even more difficult after all this time. So the more proof you can come up with showing that you could have been easily traced the better it'll be in court
For the Sky debt I suggest that you make a Subject Access Request OK - I;ll do that tomorrow/Fri Good.

In essence there's 3 things going off -
1. A CCJ but I have no idea what it's about, other than BDO/Ashton Morton Slack @ Leeds C I'll try to find out what this could be/

2. A default - relating to a current account of £1859, that's showing as a current balance of £359, down from £809 in August 2014. Is this a joint account too?

3. A new letter from Cabot saying I owe £77.25 in respect of a Sky account - this I do have a record of, and I wrote to them in May 2012 and received a reply agreeing it wasn't my Being dealt with by SAR.

I am in court in Leeds in February so need to get my ducks in order ref the CCJ - but obviously need to try and sort the default too.

Thanks again for assistance.

Rammy68

Name the Bank (s) involved please.

nem

[Rammy68]

Re: Cabot Financial - double trouble & a CCJ

OK - It was originally Midland bank, which then became HSBC I think? - That was the only joint account (I think but now I need to check) - panicking....

I was traceable - all the addresses have been on my credit record pretty much throughout and I haven't been hiding! - I have had mortgages/credit cards etc in the meantime without any issues.

Thanks again for help.

Rammy68

[nemesis45]

Re: Cabot Financial - double trouble & a CCJ

OK - It was originally Midland bank, which then became HSBC I think? - That was the only joint account (I think but now I need to check) - panicking....

I was traceable - all the addresses have been on my credit record pretty much throughout and I haven't been hiding! - I have had mortgages/credit cards etc in the meantime without any issues.

Thanks again for help.

Rammy68

Yes HSBC took over/merged with the Midland Bank many moons ago, so this is a very old account.
You would have been very easily traced via credit files..

nem

[nemesis45]

Re: Cabot Financial - double trouble & a CCJ

BDO Administrator, FOR AMS solicitors that went bust in 2010, so it seem the
solicitors must have been either acting on your behalf or were holding / managing
debt for a 3rd party.

nem

[Rammy68]

Re: Cabot Financial - double trouble & a CCJ

OK - I wouldn't have thought they're acting on my behalf if they've claimed against me....Is that a help or a hindrance?

If AMS went bust in 2010, how come the judgement is Oct 2011? - Is there a way of finding out what is was for?

Ta.
Rammy68

[nemesis45]

Re: Cabot Financial - double trouble & a CCJ

OK - I wouldn't have thought they're acting on my behalf if they've claimed against me....Is that a help or a hindrance?

If AMS went bust in 2010, how come the judgement is Oct 2011? - Is there a way of finding out what is was for?

Ta.
Rammy68

BDO the administrators of the solicitors would have been working through the books of the LLP looking
for monies owed to it, it's a long process.

If fees were owed to the solicitors the administrator have a responsibility to recover them.

nem

[Rammy68]

Re: Cabot Financial - double trouble & a CCJ

OK - How do I find out what the judgement was for please? - Do I write to AMS - If so what format should that letter take?

Thanks
Rammy68

[Amethyst]

Re: Cabot Financial - double trouble & a CCJ

Do you have any knowledge of having used Ashton Morton Slack LLP at all in the past ? Have you had previous claims against you at all that may have resulted in costs against you ? You mention you are getting divorced - could this have anything to do with that? ( though unlikely if your divorce isn't finalised till Feb and the CCJ was from Oct 2011) - they also did Personal Injury work ? If that rings any bells? - it could be a bill from them acting on your behalf or possibly a costs award against you ? I don't think it could be related to the bank account as that would be a claim from HSBC/Midland or a DCA, not a solicitors firm/liquidators of such.

You could give BDO a ring ( they seem to still be dealing with the liquidation so should still have documents) or ask the court if they have a copy of the original claim form ?

BDO
Address: 1 Bridgewater Place, Water Ln, Leeds, Yorkshire LS11 5RU
Phone:0113 244 3839

[Rammy68]

Re: Cabot Financial - double trouble & a CCJ

Now you mention it, I did go in to a firm of solicitors in Sheffield initially about my divorce - but I only went for an initial consultation - and never received any paperwork as far as I can remember - they went bust shortly afterward so I carried on with my life and never gave it another thought. I have just searched my email archive for all relevant emails but can't find a single one. I've moved house twice since then, so it's unlikely I'll have a physical copy. Surely they can't sue me for that? - It was an initial (and I understood) free 1 hour consultation to see if I was interested in them taking on my divorce case - then they went bust - I am 99% sure I had no paperwork from them whatsoever. I assume it doesn't prejudice anything if I ring BDO?
This is incredible, I am aghast!

[nemesis45]

Re: Cabot Financial - double trouble & a CCJ

Now you mention it, I did go in to a firm of solicitors in Sheffield initially about my divorce - but I only went for an initial consultation - and never received any paperwork as far as I can remember - they went bust shortly afterward so I carried on with my life and never gave it another thought. I have just searched my email archive for all relevant emails but can't find a single one. I've moved house twice since then, so it's unlikely I'll have a physical copy. Surely they can't sue me for that? - It was an initial (and I understood) free 1 hour consultation to see if I was interested in them taking on my divorce case - then they went bust - I am 99% sure I had no paperwork from them whatsoever. I assume it doesn't prejudice anything if I ring BDO?
This is incredible, I am aghast!

I bet that's what this is about, perhaps there was some creative accounting going on which would no be a surprise, which is why I asked earlier. Post #7 / #9

nem

[Rammy68]

Re: Cabot Financial - double trouble & a CCJ

I'd imagine it would be hard to prove a case against a solicitor :-(
Does the complete lack of written records help or hinder me?
Should I issue a notice to BDO asking what they have - or is that likely to just mean I get a bill for £547, plus any other costs they've made up since.
Only reason I have time to look at this is because I am out of a job for the first time in 30 years of work! - I really don't want to be parting with cash for something like this!

[Amethyst]

Re: Cabot Financial - double trouble & a CCJ

You should be fine to contact BDO and ask them for any documents relating to this CCJ - explain to them you have just come across it on your credit file and you have no knowledge of any dealings with Ashton, M & S, inform them you have applied to the court to set aside the judgment already. If they refuse then inform them you will send them a request for all information they hold about you by way of a Data Protection Subject Access Request and they will be obliged to send everything they hold about you personally within 40 days anyway.

They might actually be really helpful, and you don't know until you ask really. Then at least you will know where you stand and can take steps to sort this out - you sound like you would have a valid defence to the claim. Solicitors are under strict obligations regards billing so would have had to notify you of any costs before the consultation and send you a breakdown afterwards, and invoiced you etc etc.