Kafka versus Cabot

[Roger]

I keep forgetting!

1/ The key to your actions! DOES A CCJ EXIST? iS THERE A COURT ORDER? Naming your partner and Cabot (or a member of the Cabot group of Companies?)
Because if the ISN'T A CCJ plus COURT ORDER THEN " PHONE THE POLICE AND REPORT THIS INCIDENT!"

[Still Waving]

Rule One: DO NOT ADMIT HIM INTO THE PROPERTY.

[mr_reasonable]

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.

[Roger]

Well, I got through after about an hour. To be honest I'm horrified that it is impossible to verify the identity of a bailiff in a timely fashion. It is classed as low priority and can take up to 12 weeks.

I took advice about gaining the authorisation to act of her behalf with the Court and that will take about 18 working days.

So there's a random stranger at the door claiming to be a court bailiff that is misrepresenting their powers and it takes a staggering potential 4 months potentially to verify their identity.

Shocked, to say the least.

And I am horrified that CABOT on the face of it engineered this visit! Knew your address and where to send the Baliff!!
Horrendous!!

[mr_reasonable]

Well, I got through after about an hour. To be honest I'm horrified that it is impossible to verify the identity of a bailiff in a timely fashion. It is classed as low priority and can take up to 12 weeks.

I took advice about gaining the authorisation to act of her behalf with the Court and that will take about 18 working days.

So there's a random stranger at the door claiming to be a court bailiff that is misrepresenting their powers and it takes a staggering potential 4 months potentially to verify their identity.

Shocked, to say the least.

[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.

[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]

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

[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

[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.

[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.

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

[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]

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?