CCJ obtained in 2014 by Cabot

[cinamon baz]

Hi
I was helping a friend with a debt and havent heard from cabot since 2014 then a letter came today to say '''THE ACCOUNT HAS RETURNED TO US FROM OUR SOLICITORS WHERE A CCJ WAS OBTAINED'' and then contact us.
it was fpr a vanquis debt of £1,7500

Having looked through all old paperwork i discovered that i sent cabot the 3 letter process and they sent a letter back dated 13/11/14 stating ''that they obtained a CCJ on 21/08/14 by their agent called Marlin as the debt was not stat barred at the time.

I then replied asking for a deed of assignment plus a letter stating s.10 of data protection plus a SAR plus i sent a letter to the courts disputing the claim dated 03/11/14. there was also an attempt for them to place an attachment of earnings and this was all placed on hold and we heard no more until today 3 years later

can someone please advise
Many thanks

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

Hi

Did you verify that there was a CCJ in 2014?

If so & there was, did you make a formal application for a set aside of the judgment?

What exactly was 'put on hold'? If they have obtained a judgment in their favour, you would have needed to deal with this appropriately at the time.

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

I have just emailed this to Cabot and the court involved as the CCJ was obtained prior to cabot getting in contact with my friend.
I hope that ive done the right thing Cabot ref
Cabot has been asked on numerous occasions of proof of claim and an original contract that there is a debt


Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
To date the Claimant has not provided any evidence that any debt is owed or ever has been owed to either Vanquis or to the Claimant

21/08/14 Cabot obtained a CCJ on a Statute barred debt
20/10/14 Cabot applied for an attachment of earnings at Willesden Court which my client disputed on the grounds that this debt was statute barred.
27/10/14 a SAR request was made and my client recieved a blank CD from cabot
1/11/14 A letter was sent to Mr Johnston pointing out the limitations act and reminding Mr Johnston that there was no written acknowledgment or payment to this account within the past six years. evidence of debt was also requested again.
Mr Johnston was also reminded of the OFT Debt Collection Guidance and that further contact would class as harassment.
13/11/14 A letter to Cabot was posted by recorded delivery asking Cabot for the deed of assignment.
13/11/14 Cabot sent a letter stating that there was a debt but still no evidence of this debt was produced.
28/11/14 A DOA request was posted to Cabot and they responded that a deed of assignment was sent to a previous address in 2011 which they state is sufficient evidence.
14/12/14 Another letter was posted requesting the deed of assignment
27/01/15 Cabot sent a letter referring to the encrypted SAR CD.
08/02/15 A letter requesting Irrevocable estoppel was posted by recorded delivery to Cabot, along with a s.10 of the data protection
I will be contact with the FCA on Monday regarding your conduct in obtaining a CCJ on a debt clearly that is statute barred and your continuous harassment




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my friend disputed the CCJ but we heard nothing

[MIKE770]

Re: CCJ obtained in 2014 by Cabot

oh! not the FOTL letters?????????????

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

This was from 2014/15 so that's all I knew, I just can't believe
that cabot are chasing money 2 years on

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

You state (post #1) that Marlin was the Claimant who obtained the judgment. (Not Cabot per se).
Which Marlin? (Exact name)

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

That's correct that's who Cabot named in their letters and I have no idea who marlin is tbh,

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

http://www.telegraph.co.uk/finance/n...-windfall.html

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http://www.telegraph.co.uk/finance/n...-windfall.html

Martin Dunphy sells the firm set up in his Wimbledon living room to rival Cabot Credit Management in £295m deal

Debt collection firm Marlin Financial Group has landed its founder a £30m fortune after agreeing a £295m sale to rival Cabot Credit Management to create the UK’s biggest debt recovery company.
Marlin buys banks’ non-performing portfolios of consumer debt, such as credit card and personal loans, to recover as much debt as possible.

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

Cabot Credit Management is a group of companies.

The UK purchasing companies in the CCM Group are Cabot Financial (UK) Limited, Marlin Capital Europe Limited, MCE Portfolio Limited, MFS Portfolio Limited, Marlin Europe I Limited, Marlin Europe II Limited, ME III Limited, ME IV Limited, Marlin Europe V Limited, Marlin Europe VI Limited, Cabot Financial Portfolios Limited.

One of the 'Marlins' will 'own' the alleged debt

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

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Do you think I should speak with the court as it was over 2 years ago that we disputed the debt ? Or should I contact the FCA I'm just not sure of the options, the debt was from around 2003

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

Tbh, if the CCJ is kosher, you will need to get it set aside first.

Your starting point for this thread has been from the date of the CCJ & subsequent events.

What happened leading up to it, though?

Was the court claim defended?

Was the CCJ by default?

[Diana M]

Re: CCJ obtained in 2014 by Cabot

Who is/was named as the Claimant on the claim form?

Who is/was named as the Claimant on the CCJ?

Do you have copies of both (the claim form and the CCJ) ?

If you've seen correspondence from Cabot to your friend did it state that the debt owner was Cabot Financial (UK) Ltd ?

My firm is currently dealing with a number of these 'resurrected' claims (3 years later). Do be careful.

You say/imply that there is/was a Suspended Order for an AOE. Have I understood that correctly? If so what was the reason for the Suspended AOE? Or was the AOE application abandoned?

Are Mortimer Clarke Solicitors involved? (My apologies if you have already clarified that on this thread.)

Di

[Diana M]

Re: CCJ obtained in 2014 by Cabot

I have just emailed this to Cabot and the court

. . . and my client recieved . . .

Your "client" ?

Are you a law firm?

Di

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

Your "client" ?

Are you a law firm?

Di

No I am not I am just a friend of the person

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

Hi
No i am not a law firm, I just helped out a friend who was sick with worry at the time as the first time he had ever heard of this debt was a form for an attachment of earnings from the courts, so this was disputed and to date we heard nothing back from the court, but i continued to dispute the CCJ with the creditor stating the debt was statute barred, and they said no it wasnt, (it definitely was) then Cabot told my friend the date they applied for the CCJ without his knowledge as they were sending mail to a different address.