Kafka versus Cabot

[mr_reasonable]

Hope I can make sense to you about this and maybe get some advice on how to proceed.

Had a letter hand delivered from a person claiming to be a county court appointed bailiff. Letter specified my partner's name at the top and first line of address.

There is a claim number which is ineligible. I rang the County Court and they are unable to assist without a claim number. We tried a number of permutations and none of them worked.

There is a warrant number area on the A4 sheet but it is left blank.

There is an amount to be paid.

The letter states that Cabot Financial have issued a warrant of execution against the goods of the defendant (there is a space for a name which is also left blank).

The letter states "The bailiff will now arrange a visit with the seizing van to remove levied goods."

Just to underline here this is the first either of us have heard about this alleged debt and that we have not communicated with anyone about the alleged debt.

There is no statement of a 7 day notice.

After reading around a bit I contacted the county court and they were unable to help as I couldn't provide a claim number. They advised I sent an email and the automated reply was that my query was not classed as priority and may take 12 weeks to get a reply.

I have looked up Cabot Financial and they operate under numerous names, as also outlined here.

My partner was identified by her GP as extremely medically vulnerable and was on the shielding scheme when that was active. She is also mentally vulnerable and I fear this situation is going to seriously affect her mentally. She is a severe risk of suicide and suicidal gestures when unstable and is well-known to the NHS, the police, the ambulance service for this.

We do not have much that could be sold. We are both on benefits with severe and ongoing conditions. I am able to help her to some degree with this kind of problem. That is, I try and find someone with the skills and capacity to help her. Because of her severe anxiety I'm going to have to remain indoors in case they come around. She will not be able to cope and they are aggressive from the off.

I rang the bailiff and in trying to determine if he was legitimate, he became aggressive and threatening. I asked him to confirm his name and he spelt it differently to the way it is spelt on the letter.

That's the sum of it at this point, I think.

Thanks for bearing with me.

What should I do next, given that:

- the bailiff won't engage with me as I'm asking them to confirm their identity (the police advised me to ignore them as a legitimate bailiff would be happy to confirm their identity when challenged)

- I don't have a claim number or a warrant number.

- The letter titled "TAKE NOTICE" doesn't appear to be a lawful notice

- The bailiff spells his name differently to the one in the letter

- We don't know what the debt is for or about?

Thanks.

[Still Waving]

The entire thing sounds fishy.

What is the "amount to be paid"?

[mr_reasonable]

Hi, the debt to be paid is in the region of £2500.

The bailiff re-engaged with me via text message. I asked him to clarify the case number as it was ineligible and the number for the country court he told me to ring to confirm his identity couldn't help me without the number. So he provided the case number and warrant number in a text message. Turned out that the case number on the letter was actually the warrant number and it was the case number that was missing. We're all human and make mistakes.

So on Monday morning I'll ring with the new info and hopefully determine if the bailiff is legit.

They then suggested I contact a telephone number to agree a payment plan. I reiterated that we had no awareness of a debt and would be seeking to obtains proofs, and they were helpful in providing a PO BOX address.

My overall opinion of the bailiff is that they are very stressed out and aggressive. But I took the opportinity to inform them of our vulnerabilities, which may or may not influence their decision to tighten the thumbscrew.

In either case we have nothing of value. But if the debt is proven and legitimate we'll pay it.

She suspects it may be something from before we met. We have been together nearly 6 years.

[mr_reasonable]

Interesting update. Been texting to the bailiff for a while. He has replied that he will be returning the warrant and that I must now deal directly with Cabot. That's a massive relief as the worry about a home visit, even though we wouldn't answer the door, even though we have nothing of value to levy, even though the police promised to come on request if things went argybargy... it is nonetheless a dreadful burden. I don't know how anyone can take it with a pinch of salt although accept some do.

Not all over though. Now begins a possibly long and arduous process of obtaining proofs.

I will now take a breather and then come back and look at the forum's resources. Thanks for hearing me out.

[Still Waving]

If Cabot start writing to you post here and you'll get some advice on how to deal with it. At least if they contact you, you'll have more idea of what the alleged debt is all about. Wait to see what they have to say, don't contact them.

[mr_reasonable]

Ah. I assured the bailiff that I would contact them. However, I have no idea what is the right thing to do. What is the advantage of waiting to be contacted by them?

[Roger]

Well lets apply some logic.
Your partners and your address is the starting point. Which presumably was provided by CABOT so they know your partners current ADDRESS.

Still Waving DO NOT CONTACT CABOT
With CABOT refuse to deal with them at the Phone , by email or SMS. Everything in writing!

Now there is a place you can start to search and that is your partners Credit Reference Agencies Reports! Looking for evidence of a CCJ

It is possible that CABOT obtained an uncontested default CCJ by sending the Court papers to your partners previous address! (perhaps knowing that they were nolonger there)

"..
Interesting update. Been texting to the bailiff for a while. He has replied that he will be returning the warrant and that I must now deal directly with Cabot.
.."
The Baliff has confirmed to you that CABOT knew your partners current Address.
This is where you should start to prepare a file of FACTS such as the Baliff's TXT and its date and contents !!

Keep a file of notes and also a record of what you have found with dates and correspondence etc..

At the moment concentrate on finding out what you can and advise back here when and if Cabot write!
But do not contact CABOT!

[mr_reasonable]

Thank you Roger. I appreciate you spelling that out for me. I'll heed your advice to the letter!

[Roger]

Thank you Roger. I appreciate you spelling that out for me. I'll heed your advice to the letter!

At the moment its speculative BUT note the Baliff knew the address and refered back to CABOT.
The Baliff and some uncontested Court decision? Your partner has no knowledge of this including that CCJ meaning the Court couldn't or didn't notify to your partners current address. So what address was on the Court papers AND who/whom of the Cabot Group was the Claimant.

The Debt and its details will come from the Court once the Case is identified! So you can pursue this with the Courts to start with (DON'T NEED CABOT).
The Credit Reference Agencies should have some record of the CCJ and the prior Debt with CABOT shown.

These are starting Facts! It also assist with what and where to look!

Once you have more details I suggest you contact

@Colin G Quinn

Contact Colin email of phone at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

[mr_reasonable]

Thank you. We''ll acquire the info as advised and contact Colin. I have thought ahead a little bit after reading some of the forum and we've discussed a fixed fee option with JCS as a possibility, so thanks again. I understand that it's all up in the air until more info is obtained. Some free initial advice would be very helpful to consider options.

[Still Waving]

If the information originally given is accurate, then the Warrant would seem to be defective, and not valid - No debtor name, case number missing. Perhaps the real reason the bailiff is returning it to Cabot.

That document should be filed and kept.

[Roger]

If the information originally given is accurate, then the Warrant would seem to be defective, and not valid - No debtor name, case number missing. Perhaps the real reason the bailiff is returning it to Cabot.
That document should be filed and kept.

Exactly! But it seems Cabot was instrumental!
But for what its worth the Baliff actions have at least alerted them, otherwise they might never have known!

This is why I think the Address is significant ie.. Cabot knew and this could be very significant if Cabot have obtained a uncontested CCJ with papers served on some other address known to Cabot!!!

By filing these documents and noting phone calls; Copies of SMS etc.. At the same time finding what is or isn't on the CRA's; As well as a search query with the Courts then mr_reasonable Can build up a factual file before seek advise from @Colin G Quinn
I am grateful that this has been posted with AAD because this issue over DCA's and address(es) is something which is a matter of concern for all members

[mr_reasonable]

Roger, what is "a search query with the Courts"? And how do I go about conducting one?

[Roger]

Roger, what is "a search query with the Courts"? And how do I go about conducting one?

You have your partners name and the surmise (but this is based on a Baliff turning up - which normally points to a Court Order) is that there has been a CCJ issued.
The CRA'S reports hopefully will show up the Debt -> Cabot and a CCJ.

You haven't been in contact with CABOT so not restarting or admitting any DEBT!

The CRA'S should help to indicate Dates especially if a CCJ has been issued.

Armed with this information go along to the Courts Office and explain what has happened (sic Baliff turning up and CABOT, partners Name) and ask the Court!

If this draws a blank then speak to Colin G Quinn because they know the system and protocols etc..

[mr_reasonable]

Thanks for the clarification, Roger. I helped her with the CRA this morning. The plot thickens. Cabot filed twice in Northampton Court for two debts neither of which she can account for. I assume they are CCJs but it doesn't specifically state that they are However, it is clear that the debts were taken out while she was in a severe mental health crisis/manic state which the psychiatrist later described as "one of the worst I've ever seen."

I'm on hold ringing Nuneaton Court, queue position number 38, to determine if the bailiff is really a bailiff. It took over an hour previously to get through. He claimed he was returning this warrant today, but I may have to ring again tomorrow to confirm that.