Thanks very much for that, I will post first thing Monday. How do I go about having the CCJ set aside & do I apply for that now or when I have had a response from Carters.

Firstly never received the claim form as had not been at the address for 2 years. I think the debt is for a credit card with Abbey which I defaulted on early 2004 when our business nearly went into liquidation due to a creditor not paying us over £30k when they went bust. Have had no default notice & no DCA's chasing. I think but am not completely sure that I had an arrangement to pay an amount each month up to & including when I lived at the temp address. I defaulted on this when my OH & I got back together again when he suffered a major heart attack needing surgery in May07 & I moved back home.

Hi, Yes it is a CCJ on the address I lived at for 5 months from Nov06 to Mar07. I checked on the reg trust online to make sure. They got judgemnt a couple of months ago.

Hi, There is a judgement secured on my temporary address but secured this year. Amazing that they manage to find my permanent address when they want to though. What do you think I should do now? Thanks for your help with this. No CCJ showing on my current address

Thanks very much for your reply. I thought about sealing this back up & sending it back...No longer at this address! If no judgement has been entered, it is statute barred from may next year.

Hi all, I received a letter today from Bryan Carter Solicitors completely out of the blue. I have not had any previous letters from them, also letter is in my maiden name...I have been married for 4 years. Letter is as follows; WARRANT NUMBER XXXXXXXX Re; xxxxxxxxxx Account No; xxxxxxxxxxxx Claim No; xxxxxxxx Judgement balance Outstanding; xxxxxxxxxxx We refer to our previous letter & your unpaid judgement debt. Your account has been referred for issue of a warrant of execution under Warrant No xxxxxxxxx The bailiff will now attend at your property which may rewsult in the seizure of your posessions ( such as tv, video, blah blah blah etc) Payments can be accepted by switch, blah blah blah You must call us immediately on xxxxxwith your payment if you wish to settle the matter without the bailiff having to call at your home. Yours faithfully Not Reallysols. Please note that you may still make a payment on your account online at Fredpay.com. This letter does not even have the name of the court where Judgement was supposedly obtained. I did live at another address for 5 months from Nov 06 until Mar 07 when my OH had a trial separation, but all my mail was still sent to the marital home. Does anyone think this is real or is just a DCA being unethical (God Forbid)

Hi all, Just a quick update. I have not been on the site for a month or so due to OH being quite poorly & having to run his business for him....I have never stayed in so many hotels.......sounds glamorous?......trust me its not! Spoke to Northampton court as have never received a thing from Cabot (no surprise there then). Apparently the claim was stayed on 06.05.09. I received 6 years of statements from a Barclaycard customer service agent but no computor printouts or a copy of the CCA from their data controller. I am in correspondence with them to obtain this information. Then last week received a letter from Morgans, again quoting some one elses account number advising that unless we agree to a repayment plan they will consider Litigation. Wrote back quite a polite letter considering what I really wanted to say which was they don't know their A***e from their Elbow. Advised them account already in Litigation with Cabot, so to lean over their desk & ask Cabot whats going on before writing such a pointless letter, wasting my time & theirs. Didn't say much else as if they take my OH to court they are in for a shock as will prove not his account & would also like refund for 3K already paid to them. Does anyone else have any opinions as to what else we can be doing? All replies gratefully received Thanks very much

Just going thru my cabot file, & found some letters from them in Nov 2006 agreeing to the £100 per month, also my other half has all his barclaycard statements from 1999 through to 2002 with his original account number on it. Guess what? The account number we paid cabot for a couple of years & the one in dispute now is a different number to my OH creditcard account. No wonder they have a different DOB for him on their records. It's not even his account. I wonder how that will stand up?

Thanks for the advice guys... I will ring the court first thing tomorrow. Better to be safe then sorry. This hanging around waiting for things to happen is really doing my head in.

Yeah, I thought it a bit strange too.....but heh, saves me copying costs. Just hope they sent a copy to cabot.

Hi all!!! Every day at about the time the postie comes, I wait expectantly for the reams of paper that should fall thru my letterbox.....but guess what......nada....not one thing......not one exuse letter....you know the thing....OC still looking thru the archives. I've not even had an acknowledgement letter from Crappy to my CPR requests or one from Barclaycard re my SAR request....Ah well....suppose they're just doing their bit to save the rainforests. On a more serious note, what do you think my next steps should be. I received a copy of my defence from Northampton last friday , advising they had sent to crappy crabby. So not sure what to do now. Any advice greatly received.

Hiya LOTM Joan of Arc's thread... Court claim from Lloyds TSB - Advice needed please.

:)Thanks very much LOTM......I'm finding this really nerve racking. Have you read the update on joan of arc's thread......YIKES!!!!!!

Hi all, I'm just about to post the defence for my OH online & just wondered if I could get some opinions as to the content........or if it is really rubbish & needs altering in some way......or even completely Thanks in advance In the Northampton County Court Claim number xxxxxxx Between Cabot Financial (UK) Ltd - Claimant And xxxxxxxxx – Defendant Defence 1.I, xxxxxxx of xxxxxxx make this statement as my defence to the claim brought by Cabot Financial (UK) Ltd. 2.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system. 3.In letters dated xxxxxxxx and received by the Claimants on xxxxxxx the Claimant was asked to provide information, in accordance with CPR 31 & CPR 18. 4.The Claimant has thus far failed to supply any of the requested information or copies of documents. It is requested by the Defendant that the court, in accordance with CPR part 18, orders the Claimant to comply with the following request for information. ·Inspection of the original written agreement upon which the Claimant’s claim is based and/or for the original agreement to be made available in court. ·A copy of the written agreement. ·A copy of the default notice. ·A copy of all statements/transactions showing how the claim of £xxxxxxxx has been reached. ·A copy of the notice of assignment sent by the assignee to the defendant in compliance with s136 of the Law of Property Act 1925. ·A copy of the assignment, giving the claimant entitlement to the make the claim. 5.The claimant pleads that this is a credit card agreement this being the case the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award. 6.The defendant contends that point 5 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case. 7.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit. 8.Further to the above 7 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed. I BELIEVE THE FACTS SET OUT IN THIS DEFENCE ARE TRUE.

Just one point, on all statements I have found which are dated at around the time my OH started missing payments the credit limit is stated as xxxxx, however barclaycard let the balance go over this by a few thousand due to my OH's ex wife run up a substantial bill after they had split up, (she was an additional card holder)......is there any defence to this? Hope the above makes sense!!!!! Shelbs! Hi again, Can you comment on the above.....please

Thanks for your input creditcardmug, That also looks good.....do you think it is sufficient as a holding defence?

Hi 42man & a big thanks for replying so quickly, I think I will go with the embarrassed defence you sent me a link to....it seems more relevant. The credit card number they state as being barclaycard on the POC may be Cabots case number. Also as stated before, my OH has had barclaycards other than this one. Just one point, on all statements I have found which are dated at around the time my OH started missing payments the credit limit is stated as xxxxx, however barclaycard let the balance go over this by a few thousand due to my OH's ex wife run up a substantial bill after they had split up, (she was an additional card holder)......is there any defence to this? Hope the above makes sense!!!!! Shelbs!

Hi, If there is anyone at the moment on the site who could give me some advice on what defence to submit please, I would be eternally grateful!!!! My defence has to be with Northampton by Monday so am really panicking. Also is there any limit to the size of your defence if you submit it online. Thanks very much Shelbs

Hi again 42man, Ive read through your last post & the thread it refers to, however, my OH has had credit cards with Barclaycard in the past which have been settled & we have been paying £100 per month towards the debt on the claim form until last October, so can we still say the debt is not owed. Sorry to be a pain but I am very unsure as to what to do

Hiya 42Man, Can you have a quick look at my post at 9.54 this morning....I'm not sure whether to submit a holding defence or my main defence. My defence has to be with the courts by close of play Friday really to be on the safe side. Also can this be done on line? Ever grateful for any help given

Hi again, Just noticed something else. On the claim form in the POC is states an amount due in relation to the defendants Barclaycard Credit Card no XXXXXXX. I have just been over some old statements & no account number relates to the one on the POC. Where do they get the account numbers from?

In addition to my post above, I have just checked delivery status of my CPR requests to Cabot. I sent CPR 31.14 & CPR 18 to both the claimant Cabot Financial (UK) Ltd & Cabot Financial. The claimants postcode was stated as ME14 4UA on the claim form when it is in fact ME19 4UA. Royal Mail have advised that they have no delivery record of the requests sent to Cabot Financial at postcode ME19 4EX which is the address in the "solicitors box" on the claim form but they do of the requests sent to the claimants.....is this OK? I hope the above makes sense Cheers

Hiya, I have been working away for a couple of weeks, got back yesterday night expecting to see reams of paperwork from cabot responding to my CPR requests sent 02.03.09 but guess what........absolutely nothing!!! Do I need to let anyone know about this....the courts etc? Also I need to file my defence, to be with the court by 30.03.09 I think. I would be really grateful if someone could check my dates.... issue date on claim form is 25.02.08 so plus five days is 02.03.09 + 28days is 30.03.09. I am getting really nervous now, have I bitten off more than I can chew....Time will tell. Any help is really appreciated Thanks Shelbs

Good luck tomorrow PF. My thoughts will be with you. All the best Shelbs!

Hiya, Just a quick update; I have done the acknowledgement of service online. Sent an SAR to Barclaycard for two different accounts, one that was with Cabot but we paid off many years ago & the current one that they have issued a claim form for. Found some statements back from the late 90's up to 2002 Lots of charges on both, but what is really interesting is the amount of PPI on each statement when my OH was self employed. Also sent Cpr 31-14 to Cabot aswell as CPR18 Thanks for your help, will keep you updated!!!!