Cabot >Quantum

[bilbobaggins]

Hi,

Its quite a long story but I hope someone can help.

I had a debt with egg (quite large that was a loan and credit card combined) this was sold to Cabot eventually, who used incorrectly signed notice of assigenment.
It went to court as others had led me to believe I had a strong case with the forged NOA.

I had a panic attack on the day and didn't attend court, they judge ruled against me and awarded in favour of Cabot, I contacted the court with offers of a monthly payment I could make and the judge allowed this and I started making the payments to Cabot through their site never missing any.
Cabot went for a charging order which was granted, I never got a chance to argue that my mrs pays the mortgage or that we have two young children at home.

This all happened 12 months ago, and I have continued to pay cabot as agreed by the judge.

This morning i got a letter from Cabot stating they are passing the debt to Quantum Debt Recovery as we have not come to a mutual agreement. If i dont sort it with them it will be passed to Wright Hassall LLP for recovery.

Where do I stand on this?

Quite frankly Im so sick of this, thought I finally had moved on and this letter this morning was like a bomb going off - don't think I can take much more.

Any help appreciated,
bil

[miliitant]

Re: Cabot >Quantum

the judge sets the repayments

not cabot or any solicitors

just tell them you refer to the order from the court that i pay xyz per month

[bluebottle]

Re: Cabot >Quantum

That sounds like abuses of the legal process. You need to speak to a legal professional and you can obtain free legal advice through your local Law Centre or Community Legal Service office.

[Guest]

Re: Cabot >Quantum

Hi

Do you have proof(statements, etc) showing that you complied with the judgment?

D

[miliitant]

Re: Cabot >Quantum

be it the poster complied with the judgement or not,
it is down to the court to set the payments, not the creditor

the only way it can change is through an application notice for a redetermination hearing

[bilbobaggins]

Re: Cabot >Quantum

I can't find the letter from the court allowing me to pay the reduced amount per month. Will the court have a copy of this that I can request?

In terms of payments made yes I have proof and there is also proof Of the payments on the Cabot site, I will download a copy now.

Thanks for the replies

[Guest]

Re: Cabot >Quantum

Hi

Charging orders are usually issued on forthwith judgments as far as i know, so really you need to see a copy of the original, if a repayment plan was already in place the CO shouldn't have been granted.

Do you remember receiving the interim order before the CO was issued?

D

[bilbobaggins]

Re: Cabot >Quantum

The letter I have lost allowed them to go for a CO as the debt is quite large.

[Guest]

Re: Cabot >Quantum

Hi

So was the repayment arrangement made when the CO was granted or at the initial judgment.

D

[bilbobaggins]

Re: Cabot >Quantum

Sorry, Legal stuff inst my thing and im panicking - so i may not be making sense.

The judgement was made that I repay full amount by certain date, I had to send in statement of earnings etc and was allowed to pay by instalments, this letter also stated Cabot could go for security, they then went for CO a month later, this was granted.

I think that's how it went

[Guest]

Re: Cabot >Quantum

Hi

Try not to worry, they are extremely unlikely to be awarded a possession order in the circumstances you describe.

This is for information from our friends at National Debt line, i would recommend giving them a call on
0808 808 4000.


If you have kept up with instalments on a county court judgment, the court should not make a final charging order. According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears, or if you were ordered to pay the judgment in one lump sum ‘forthwith’ (immediately) and didn't pay. This case is very important. If you are in this situation and still have an interim charging order made, go to the hearing and take evidence that you have kept up with the instalments ordered on the county court judgment. Mention the Mercantile Credit Co Ltd v Ellis case to the district judge

D

[Guest]

Re: Cabot >Quantum

Hi

Have a look at this link it explains the situation

http://www.nationaldebtline.co.uk/en...e_county_court

D

[bilbobaggins]

Re: Cabot >Quantum

I think the judge made a final charging order in favour of them, but they could not do anything as long as I kept up repayments

[bilbobaggins]

Re: Cabot >Quantum

im just looking at forms now and in Morgan solicitors application for a charging order there is a box ticked where it states:

the judgement order did not provide for payment by instalments

This is not the case though and the judge did allow (lost paper work)

The hearing for the final charging order was supposed to be in reddich, but i applied to have it moved to closer to home which was granted.

I then had a letter of final CO though

Im lost now..

[bilbobaggins]

Re: Cabot >Quantum

I have just logged into the Cabot site and can see all my payments for the last 12 months, and a statement saying

We have agreed that you will make monthly payments of xx