Sale of Debt - CCJ

[KKA]

Hi Guys
Appreciate its 3 years since the last post on this thread; just to provide an update....
F&F Letter was sent in Feb 2017 - no response or further correspondence received until Sep 17 which was another transfer of sale.
Then nothing until Jan 18 requested payments are transferred to the new owner.
Then nothing until Apr 19 offering a 50% settlement.
Just received a letter in Feb 20 that details that representative from Marston will visit at home to put you in touch with us - is this likely based on age and value?
The CCJ is no longer on my file - any advice if i should do anything with this one; this is the last debt i have outstanding all others are now SB, unenforceable or have been defended successfully due to advice from this forum.

Appreciate any feedback.
KKA

[Joanna Connolly Solicitors]

Hello

Who was the Judgment Creditor (i.e. the Claimant who issued the claim and obtained the CCJ) and who is currently the debt owner?

Sorry if you've already explained this but I can't see it on your thread, although in post # 10 you refer to a letter from Idem stating that "there will be a transfer of ownership on 12th December 2017", but it's not clear whether it was purchased by them or sold by them to someone else at that point.

Who is named on Marstons warrant (if that's what you have received)?

Di

[KKA]

Hi Di
The original CCJ was with Moorgate Loan Servicing.
This was sold to IDEM in 2016 then sold to CABOT in 2017.
I've had very few letters or correspondence since the original sale.
The letter looks generic from Mortimer Clarke (working for CABOT) which says it has been advised by its client to instruct Marstons to home visit to establish contact.
I used to get letters like this all the time and ignore however slightly cautious on this one due to the CCJ.
Let me know if you need any additional info.
Best Regards
KKA

[Joanna Connolly Solicitors]

The original CCJ was with Moorgate Loan Servicing.
This was sold to IDEM in 2016 then sold to CABOT in 2017.

. . . The letter looks generic from Mortimer Clarke (working for CABOT) which says it has been advised by its client to instruct Marstons to home visit to establish contact.

So as far as you're aware there is no bailiff's warrant obtained from the court?

Mortimer Clarke is a firm of solicitors owned by Cabot, but do you know whether their client is Cabot Financial (UK) Ltd which is not authorised by the FCA to issue legal proceedings which may include enforcement action such as an Application to the court for a Warrant of Execution?

Do you have a copy of the original CCJ and was it a 'forthwith' Order or an 'instalment' Order reflecting the SOA you sent to the court together with your Admission (presumably).

Have you been sent a 'Substitution Order' by the court to inform you that the Judgment Creditor (i.e. the Claimant) has changed twice due to those two assignments (which Cabot would need to evidence)?

You need to establish whether Cabot has the legal right to chase you so you can decide your next step.

Di

[KKA]

Di
The CCJ was an instalment order; i was making payments in a self arranged DMP however i still got the court papers; i submitted the admission with a SOA and continued to make the same payments - this continued from the CCJ Date in Mar 2013 to the sale of the debt to IDEM in Dec 2016 with a low balance remaining.

I offered IDEM a F&F as advised on this thread however got no response or other correspondence until the next sale in Sep 2017 to CABOT.

The original letter from CABOT states Cabot Credit Management Group Ltd and the account will be managed by Mortimer Clarke.
One of the letters from Mortimer Clarke says we are solicitors instructed to act on behalf of our client CABOT FINANCIAL (UK) LTD.

No letters from the courts; just letters confirming sale and rights transferred from Moorgate to IDEM then IDEM to CABOT.

Let me know if you need any additional info; Many Thanks for your help.
KKA

[Joanna Connolly Solicitors]

Di
The CCJ was an instalment order . . . and continued to make the same payments - this continued from the CCJ Date in Mar 2013 to the sale of the debt to IDEM in Dec 2016 with a low balance remaining.

I offered IDEM a F&F as advised on this thread however got no response or other correspondence until the next sale in Sep 2017 to CABOT.

. . . One of the letters from Mortimer Clarke says we are solicitors instructed to act on behalf of our client CABOT FINANCIAL (UK) LTD.

No letters from the courts; just letters confirming sale and rights transferred from Moorgate to IDEM then IDEM to CABOT.

Have I got this right - your last payment for this CCJ was to Idem in December 2016 and the debt was subsequently assigned to Cabot in September 2017?

There have been no attempts to enforce the CCJ since you stopped paying.

If you hear anything more from Cabot then post on your thread because once six years have gone by without any attempt to enforce the CCJ, then Cabot would probably need to make an Application to the court for permission.

It's also possible that Cabot don't even know there's a CCJ from 2013 - have they referred to it (a CCJ) in any of their correspondence?

Di

[KKA]

Di
The last payment was made to the original claimant in Nov 16 - i then got a letter confirming the sale from the claimant to IDEM in Dec 2016 i offered IDEM a F&F.
I had no response to this until a letter confirming a further sale from IDEM to CABOT in Sep 17.
There has been no attempt to enforce the CCJ since i stopped paying - the CCJ is no longer on my credit file.
Since Sep 17 i have only had a few template letters from CABOT/Mortimer Clarke.

1 - Welcome Letter - Dec 17
2 - Get in touch Letter - Jan 18
3 - 50 % reduction Letter - April 19
4 - The last letter - Feb 20 - saying a home visit to establish communication will be arranged unless contact is made within 7 days.

They do however refer to the CCJ in the correspondence so appears they are aware it was awarded on the original account.

They are all template letters; typical to ones i have ignored in the past; however this one concerns me due to the CCJ in 2013.

Any advise appreciated

KKA

[Joanna Connolly Solicitors]

Di
The CCJ was an instalment order

. . . . The original letter from CABOT states Cabot Credit Management Group Ltd and the account will be managed by Mortimer Clarke.
One of the letters from Mortimer Clarke says we are solicitors instructed to act on behalf of our client CABOT FINANCIAL (UK) LTD.

Let me know if Cabot Financial (UK) Ltd attempt to enforce the CCJ using legal proceedings such as a Warrant of Control (bailiffs) or an Attachment of Earnings. They lack FCA authorisation so they shouldn't do that.

However I think I've seen you post somewhere that the amount outstanding is relatively low so hopefully Cabot won't go down that route.

I'm sorry to hear that a county court claim was issued even though you were paying Moorgate Loan Serving at the time. That's bullying in my book.

Di

[KKA]

Hi Guys
Another update; another template letter received today from engage (a marston regulated services company).

Your outstanding balance owed to Cabot Financial (UK) Ltd

Engage Services have been instructed by Mortimer Clarke Solicitors to visit your address due to your failure to make payments towards your account or respond to previous correspondence and contact attempts.

A county court judgement has been obtained in relation to this debt. please contact Mortimer Clarke Solicitors to discuss the account within the next 7 days.

If you do not make contact with Mortimer Clarke Solicitors, we will arrange for one of our representatives to visit you at the above address to try to re-establish contact between yourself and our client.

Any advice please? i obviously do not want anybody turning up at the door!
KKA

[KKA]

Hi Di
I have just posted prior to reading your post#23.

How would i be aware if they attempt to enforce the CCJ using legal proceedings?
Would i get some form of notification??

I should of maybe took the 50% F&F however due to the lack of contact from 2016 till now i thought for the small amount outstanding nobody would bother further.
KKA

[Joanna Connolly Solicitors]

Hi Di

How would i be aware if they attempt to enforce the CCJ using legal proceedings?
Would i get some form of notification?

You should be put on notice of any court Application to enforce this CCJ.

Di

[KKA]

Hi Di
With regards to Post #24
Is there anything i can do to prevent a doorstep visit?
Many Thanks
KKA

[Joanna Connolly Solicitors]

Hi Di

Is there anything i can do to prevent a doorstep visit?

This forum has a template letter for that - someone may be able to post the link on your thread if you can't find it.

Di

[The Tech Clerk]

Harassment & Threat of Doorstep-Visit

[Timewilltell]

I have to say as an observer of this thread, that this is an example of the lack of respect of any system that exists, it proves quite clearly that there is a lack of support in helping people to become debt free as these cretins imply in their welcome letters etc. The fact that a CCJ was issued beggars belief for how or why did the courts allow this when regular payments of significant amounts were being paid? Then the fact that a CCJ has been awarded surely it goes against moral principle that the creditor is allowed to sell the debt on again, clearly demonstrating that they wasn’t that interested in collecting the debt in the first place. As Di says this is representative of clear cut Bully tactics, the very thing that those in authority are hell bent on ridding this country of yet here it happens and even the courts haven’t got a care for it. Quite frankly I’d ignore all correspondence until they are serious and issue court proceedings then I think you’d have an argument for unfair relationship amongst others.

This in my opinion is a case that should be made an example of to the law makers of this country to demonstrate how corrupt this industry is. As you can probably tell this has infuriated me, clearly the Op has made every effort above and beyond a token gesture to clear this debt yet there is no recognition of this fact at all.
I can only wish you every success with this.