Default CCJ - January 2015

[Startled]

Hello and good day to everyone!

I was wondering if someone could very kindly assist me in my situation.

I received a AOE order at my work last month for a debt of around £900. I contacted the court and they gave me the details of the claimant (Cabot Financial UK) and their solicitors (Mortimer Clarke). I contacted Mortimer Clarke and asked them about it and they told me it was regarding a credit card debt on which there is a default CCJ since February 2016. Worried about the AOE at my work I felt vulnerable and asked them if I could settle it out side court and paid them there and then on the phone and the case got closed.

While I was wrapping this issue up with Mortimer Clarke the guy on the phone told me I have another CCJ for £5.5k from Cabot for a loan from Welcome Finance. They provided me with the following information:

The Loan was taken out in December 2008 with Welcome Finance. They don't know the amount of the loan.
July 2011 Loan was marked as defaulted
Cabot Financial took ownership of the loan in September 2014
January 2015 - Default CCJ

I requested Mortimer Clarke to provide me with some evidence to show this was my debt i.e Credit Agreement and Statement of account. They said that they don't have it and will put a request for it. This was beginning of November 2017. Its been just over a month now and I keep calling them every 7 - 10 days to get an update to find out what was going on. 2 days ago they emailed me with 2 attachments, 1 a covering letter with their bank details for payment and the other attachment named Statement of Account (but this Statement of Account is Spreadsheet showing opening balance of loan in 2011 as £5k and then few entries of solicitors fees and court fees totalling £500 and a closing balance of £5.5k.

I called them up today again to say that I requested a Statement of Account pre default (composition of the Loan amount of £5k) and the Credit agreement to which they gave me the same answer that they have requested it and are not sure when they will receive it. But when they do receive it they will send it to me.

I read online that if the claimant don't provide evidence i.e Credit Agreement and Statement of Account there is a case to set aside the CCJ. Is that right?

I can give you a bit of back ground of myself:
Back in 2006 - 2011 I had quite a few ( around 6 to 8) credit agreements. I got into difficulties beginning of 2011 i.e lost job and was moving houses every 6 - 8 months. I settled most of the debts and moved out of UK for a year and a half from Early 2014 to Mid 2015. I may have missed this one but I'm not sure if this is one of my debt hence the reason I asked for the Credit Agreement. Unfortunately I don't have any paper work from before Mid 2015.

Where do I stand with this CCJ and what should I do?

Many Thanks
Startled

[Diana M]

Re: Default CCJ - January 2015

Perhaps it's best to stay off the phone and start a paper trail.

Since both these CCJs seem to have come as a surprise to you is it possible that you never received the claim forms or the Default Judgment(s) in the first place?

You say you went abroad for a period of time but was the property still yours and is it the same address as you are now living (after you returned to the UK)?

You need to contact NCCBC (MCOL) on Monday and ask for a copy of the CCJs (Default Judgment) and the 'Case Details'.

Has Mortimer Clarke given you the claim reference numbers? The one with the AOE will have been transferred to your local county court so they should have the information if MCOL doesn't.

Do you know who the original creditors were in each case before they were assigned to Cabot Financial (UK) Ltd? Welcome may have assigned it to someone else before Cabot.

You need to deal with an Application for a set aside promptly once you have become aware of the CCJ.

So fact finding is the first task.

I think it may make sense to send a Subject Access Request to Cabot to see what is in their files. And then send one to each of the original creditors (once you know who they are!) to get the full history of the accounts.

You will also need to deal with the Attachment of Earnings situation even if you have already "paid under protest" over the phone.

You want to avoid having two CCJs registered on your credit file for six years which is another reason to get them set aside. Paying the £900 won't have removed the negative entry on your CRA file.

Di

[Startled]

Re: Default CCJ - January 2015

Hi Di

Thank you so much for your time and response.

No I never received the claim forms or the default judgement.

I moved into a new address when I returned in 2015 and have been at the same address since. Before I left, I didn't have a permanent address between 2012 and 2014.

Yes they have provided me with the claim no.

The £900 CCJ I even got a letter from County Court saying the debt is cleared.
£900 original creditor is Capital One
and £5.5k original creditor is Welcome Finance

How do I send SAR? is there a form or a template?

[MIKE770]

Re: Default CCJ - January 2015

Subject Access Request Letter

[Diana M]

Re: Default CCJ - January 2015

Hi Di

Thank you so much for your time and response.

No I never received the claim forms or the default judgement.

In which case you may be looking at an Application to set aside the Default Judgment(s) and at the same time an Application to suspend the Attachment of Earnings Order on one of them.

Di

[Startled]

Re: Default CCJ - January 2015

I'm sending SAR to Cabot at their registered address today.
Do I need to wait for their response before I proceed with anything else?

Dear Sir or Madam

Subject Access Request (Data Protection Act 1998)

Re: Name
Address:
D.O.B:

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

· Claim No.
· Claim No.
· Any and all correspondence between September 2014 to December 2017
· Any statements, agreements, contract and or letters in your files

If you need any more information from me, or a fee, please let me know as soon as possible.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully

Should I add anything else in there?

Thanks
S