Kafka versus Cabot

[mr_reasonable]

I think what you achieved in such a short time is remarkable!!

Thanks, Roger. Earlier this week the Court contacted me to confirm that the bailiff was indeed a County Court bailiff. That took 12 working days. Faster than I was anticipating but nonetheless alarming, given that the Court and the Police recommend not to engage with someone at your door claiming to be a bailiff until you have contacted the Court and confirmed their identity.

I ran out of steam but am readying for round two.

I wouldn't have been able to move ahead without this forum and the excellent information and advice available.

The Court refused to disclose the case number and the warrant number as I was not the defendant. I assumed they were on the public record and that disclosure wouldn't be an issue? Amusing that the bailiff had no problems disclosing that info to me.

Thanks for the encouraging words. It all helps.

[julian]

From personal experience with Cabot, i can say the fact that the CCJ is older than 6 years and drops off the credit report, if it was ever put on the Register or the CRA reports, does not mean tgey do not chase.
I am 16 years post CCJ and the worms found my 10 year dormant record with an attached CCJ marker, possibly when there was a lull, and every few months the trained rottweilers MC nip my heels by sending an I&E form to be returned in 7 days. Annoyingly I don't.

[Roger]

Thanks, Julian.
And thanks, Roger. I'll be contacting Colin soon. Needed a breather.

Time and costs come into the equation and lets not forget stress and Our Health!!
At least you have been able to identify and find these CCJ'S whether its viable to overturn them or Not really is something else!

I for one say a big thank you. Because anybody who has perhaps moved abroad or changing address can be a target for a sneaky default uncontested CCJ.
But it pays to watch the CRA's for changes etc.. As well as asking post to be forwarded etc..
I think what you achieved in such a short time is remarkable!!

[mr_reasonable]

Thanks, Julian.

And thanks, Roger. I'll be contacting Colin soon. Needed a breather.

[Roger]

".. two judgements, one in 2016 and another in 2017. The 2017 one is the one being pursued currently. .."

At this moment what is needed is the NAME of the claimant!! If Cabot Financial (UK) was the claimant they are not FCA authorised
Also
THE ADDRESS the Claim was sent to by the Court!
The CRA's Address will most likely be current and not a guide to this earlier address so don't be distracted by this!
Yes to the original Creditor BUT I WOULDN'T SEND SAR'S AT this time.
I certainly wouldn't SAR CABOT or have ANY CONTACT with them at this time!

There were 2 CCJ's and it seems these were by default judgments
I would restrict information at this stage (because for instance the 2016 will fall off CRA 2022 [but its seems nobody is chasing this] and the 2017 2023)

So you need advice once you have this basic information I suggest you contact as to how best to proceed OR NOT

@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.

[julian]

The money for Trust Online £5 will give you all CCJs against a name. Initial creditor, court, date of CCJ and amount are supplied. They share data with all and sundry: your enquiry will have no effect. I could search your CCJs if i knew your name, like I would check a builder's credibility and credit worthiness.
Some CCJs are not registered on this service.

??????You may find an SAR to Cabot does not give many details, if they have purchased the debt as the data from the original creditor appears as a line in thousands on the spreadsheet with a marker saying CCJ. If the debt was sold to Cabot and Cabot obtained the CCJ they will have few details of the original debt.

If you have the names of the original creditors I would submit a SAR to both of them plus Cabot.

Cabot and their solicitor Mortimer Clarke are not very nice and mess with your head sending threats on aregular basis.

[Still Waving]

Sorry, I forgot to add.

Both appear on the report as "Judgement" from Northampton County Court.

The county court named on the Bailiffs posted notice is a different court.

"Why Northampton?

Before April 2014, although claims were administered in Salford, the claims were actually issued in the name of Northampton County Court. This is because the national administrative centre for dealing with many claims, was in Northampton.

This means that if a default judgment was issued before April 2014, it was probably in the name of Northampton County Court. Since that date, default judgments have been in the name of the County Court Money Claims Centre, without any reference to Northampton."

https://www.masonbullock.co.uk/solic...hampton-ccmcc/

[mr_reasonable]

From the information in the Credit Report I was able to work out where the debt arose that is now in the hands of Cabot. And is now the subject of a CCJ. It occurred in the run-up to a Christmas. She continues to insist on no recollection. I don't know either. Maybe someone does? The debt was accrued from an online store she never uses. I've never known her use it in all the time I've known her. Curiouser and curiouser.

The other CCJ I mentioned is unpindownable. It doesn't link to any other entry in the report.

I've looked at the Registry Trust website and they want £5 per online query, so may as well submit a SAR as they are free. However, I've looked at the huge number of people they share data with, and that put me off. Not sure what information they can offer up that isn't available in a credit report?

I found an app that converts SMS texts to PDF files. That's handy as I have demonstrable proof that I've indicated vulnerabilties to the (alleged) bailiff.

[mr_reasonable]

"An England & Wales County Court Judgment (CCJ) is a judgment issued by a county court if you fail to repay a monetary debt and the creditor has taken court action. ... Once a judgment has been granted details are submitted by the court to Registry Trust for inclusion on the public register."

Right. So to nail things down I'll have to contact the Registry Trust. Thanks.

[Still Waving]

Yes, there are two judgements, one in 2016 and another in 2017. The 2017 one is the one being pursued currently. Neither specify (in the Experian report we obtained) who instigated the CCJ. Source is given as Registry Trust LTD.

"An England & Wales County Court Judgment (CCJ) is a judgment issued by a county court if you fail to repay a monetary debt and the creditor has taken court action. ... Once a judgment has been granted details are submitted by the court to Registry Trust for inclusion on the public register."

[mr_reasonable]

I'm making an effort this evening to turn up some old letters that will pin down when she move in. I can then cross reference those dates with the dates given in the credit report specifying when debts were taken out. It's getting on for 6 years ago.

[mr_reasonable]

You may have already seen this -
https://www.gov.uk/your-rights-bailiffs

It will take 2-3 months to confirm a Bailiffs identity according to the conversation I had with the Court earlier today.

[mr_reasonable]

Sorry, I forgot to add.

Both appear on the report as "Judgement" from Northampton County Court.

The county court named on the Bailiffs posted notice is a different court.

[mr_reasonable]

Yes, there are two judgements, one in 2016 and another in 2017. The 2017 one is the one being pursued currently. Neither specify (in the Experian report we obtained) who instigated the CCJ. Source is given as Registry Trust LTD.

Both give the address as this one. I have tried to ascertain with her if she took out any debts while living here and she says she doesn't remember. Which could mean she did or she didn't, although by the looks of it, she may have.

So there are two CCJs which may have arisen from debts before she moved in or after, but either way she can't remember. I trust that she can't remember because I have experienced her being in a manic state and without exaggerating, she's in some kind of alternate reality.

So the action against her appears legit.

I have not yet been able to ascertain what happened to the paperwork appertaining to all this, if it was indeed sent here.

[Still Waving]

Yes, it's all very dubious. She has no recollection of accumulating the debt, although that in itself doesn't absolve her from responsibility, if necessary proofs can be shown, I understand.

I'm ready to progress to contacting the court and requesting they authorise me to act on her behalf? Am I right in doing that?

I have been unable to ascertain if the bailiff is a bailiff or if they have returned the warrant to the court or if they are intending on revisiting. It is at least the time of year where everything is kept closed and locked but nonetheless a concern that the angry man misrepresenting powers may return. Although I have printed out basic instructions about what to do in that event should I not be here, and taped it onto the door.

You may have already seen this -
https://www.gov.uk/your-rights-bailiffs