Restons Solicitors - Cabot - British Credit Trust

[walmsley7274]

Good Evening

 

I am wondering if you can help me you as people helped me lots throughout a suspended repossession

 

For a while I have been corresponding with Restons Solicitors

who are acting on behalf of Cabot Financial (uk) Ltd,

who I believe have bought a debt from British Credit Trust.

 

The debt was for a hire purchase vehicle

which was returned to them

before the half way point of the agreement

when I fell into difficulties in 2008/2009.

 

This is when the agreement was with British Credit Trust.

 

At that point British Credit Trust obtained a CCJ

and the whole sum was ordered to be paid forthwith.

The sum was £11553.

 

 

As I couldn't pay the sum and it was the last thing on my mind

they obtained a final charging order which is on my property now.

 

The property is in joint names and only my name on the debt.

 

This is where the debt has been left, as a charging order.

 

There isn't enough in the property to clear the 1st and 2nd Mortgage

the current shortfall to clear them without any charges is approx £15,000

(both with suspended repossession orders)

however always stuck to the agreement.

 

When Reston first got in touch all the correspondence stated Cabot Finanical and nothing else,

I wrote to them with a SAR and asked them to clarify which debt they were talking about.

 

They refused to talk to me as i couldn't prove who I was and

they returned the monies and wanted a signatures on paper.

 

As I didn't know what the debt was for at this time I was very hesitant on providing this information,

all I wanted to know is where the debt had come from.

 

A day ago I received the court forms for the CCJ from Restons and

from that I have established it is the debt from British Credit trust which is a charging order on the property.

 

So.... my question is ......

 

now what the debt already had a CCJ and attached to my property and they are going for a second one?

 

I cannot afford any real payments towards this debt

as I have arrears on mortgage second mortgage, council tax (however payment plans in place for all and working well).

 

If I could sell my property to clear all debts etc

 

I would but I have been advised against it as my mortgage payment even with the arrears payment is really small compared to a rental agreement.

 

I have a feeling Restons doesn't know about this history.... what do I do?

 

Help!

 

ps. thank you in advance.

Edited October 24, 2014 by walmsley7274
Adding additional information

[dx100uk]

are they being that thick?

 

 

firstly you say the property is in joint names?

 

 

so the charging order is not a CO

but marked as a restriction?

 

 

are you now saying these muppets have issued a claimform for the same debt as the restriction?

 

 

dx

[walmsley7274]

Hi

 

Thank you so much for the response.

 

Okay I have found all the paperwork for the house etc in the attic

 

(1) The house is in joint names e.g. mortgage both names and second mortgage both names. Which is why I thought we were joint owners.

 

(2) My partner seems to be listed as a restriction rather than a proprietor,

I seem to think that this may be because we bought a council house and he wasn't on the rent book

the wording is as follows "No disposition of the registered estate by the proprietor of the registered estate

is to be registered without a written consent of **** of [address] -

So by this it looks like the house is mine .

.. I discover something new everyday, i'm sure for these purposes it is a bad thing though.

 

(3) on the 24th September 2009 a CCJ (i have copies of this) was issued and

Blake Lapthorn who were acting on behalf of British Credit Trust,

 

 

they then applied for a interim charging order and finally applied for a 'final charging order' as the CCJ issued

did not provide for payments by instalments.

This was done in october 2009.

 

(4) Since then I have heard nothing from them expect from them sending me at the time the final paperwork.

I haven't been ordered by the court to pay any monies to the charging order.

 

(5) I have two children 9 and 11 in the property, everything is based around me living in this area.

 

(6) If I thought I could sell it to clear everything I would,

however, even if I was bankrupt I'm in a weird situation of the mortgage payments being lower than rental properties even though

(a) have negative equity and

(b) the house wouldn't sell anyway therefore any monies left over would be less than I have now because of the rents.

 

(6) Restons do not seems to be aware of any of this .....

 

The question is what do I do next?

 

As I have already entered into bound agreements by the court for the suspended repossession orders

and for the council tax and a CCJ i am paying etc which needed to take into account

 

 

all my spare income over the next 5 years I don't seem to have any room for anything else without breaking the suspended order.

.. even then the house would make a loss and barely cover the first mortgage,

which is why the court allowed the suspension in the first place.

 

What do I do?

[citizenB]

Will try and find some help for you.

 

Can you please let us have the exact wording from the Particulars of Claim (minus any personal stuff of course) and also the date of issue which you will find top right hand corner of the claim form.

[walmsley7274]

Hi

 

The date of Issue is: 17th October 2014 (County court business centre)

 

The particulars are as follows:

 

The claimant claims payments of the overdue balance due from the defendent(s) under a contract between the Defendants(s) and british credit trust dated on or about the 1st May 2008 and assigned to the Claimant on the 27th August 2013 in the sum of £11553.83

 

Particulars a/c - ****

 

Date Item Value

19/9/2014 Default balance 11553.83

09/10/2014 Post Refrl crd -0.00

 

Total :- 115583.83

 

 

 

------

 

I have no other paperwork, no contract how the amount is made up etc.

 

 

Many Thanks for you help.

[citizenB]

Righto, well your timeline is as follows :

 

Issue date 17 October 2014 + 5 days for service = 21 October + 14 days to acknowledge = 4 November 2014 + 14 days to submit defence = 18 November 2014.

 

You MUST acknowledge by 4 November or the claimant will obtain a judgment by default.

 

I must admit, I am a little puzzled - there is already a Judgment in place in respect of this debt, yes ? I am not sure they can issue another in this way. I would have thought they would be issuing a statutory demand or to have taken some other action in which to enforce the original judgment.

 

I am not sure what information you will need to request - however I would have thought your defence would focus on the fact that there is already a judgment in place and has been since DATE. Do you have the paperwork eg claim reference from the original Judgment. ?

 

I will alert others on the site team to look in. It might not be today that someone responds, but you will receive some help.. so don't press the panic button just yet

[walmsley7274]

Hi

 

Yes there is a judgement in place already issued on the 14th October 2009. I have all the paperwork the original CCJ, the interim charging order, the final charging order and then entry on the land registry. So i'm not sure why they are going for another Judgement against me?

 

This is why i'm not sure that Restons know this and obviously they refused point blank to talk to me as I they wanted a signature and evidence of my identity and until I did this they wouldn't tell me anything, including who the debt was from, it wasn't until I got the claim through I knew it was for this (british credit trust); the original solicitors who dealt with it was Blake Lapthorn - I have their letters too.

 

I really appreciate your help and guidance on this

[citizenB]

Can you answer the questions below please

 

Is it definitely the same account number on the claim?

 

How much did you initially borrow?

 

What happened to the vehicle?

[walmsley7274]

Good evening;

 

Sorry I thought I had posted a response to your question from work the other day, it can't have worked.

 

(1) Yes it is the same account number and the amounts are near enough the same,

this second claim is a £100 ish higher

I presume it is the charges they have added on.

The dates are also correct on the claim form but they don't give a lot of other information.

Also I have had no other dealings with British Credit Trust.

 

(2) I can't remember how much I borrowed

I think it may have been about £8000

within months of taking the finance,

my partner at the time lost his job, out of the blue and didn't get another one for a long time

we stopped using the vehicle.

 

 

I don't have any of the original contracts etc just the paperwork from the courts

re the first CCJ and final charging order, and land registry document.

 

(3) I asked for the vehicle to be returned when it became clear we couldn't even afford to run the vehicle

as we had the mortgage as priority etc and

 

 

it stood on my drive for a long time before they finally came to pick it up after a lot of to'ing and fro'ing between us.

When they came to pick it up the battery was dead as it had stood still for so long.

 

Does this help?

 

Again apologies for the delay.

[AndyOrch]

I dont suppose you have the original particulars of claim/claimant and claim number and date (dont type the claim number here just confirm)

 

If you could also provide the new particulars of claim

[walmsley7274]

Hi

 

I have the original claimant who was British Credit Trust (this is who the agreement was taken out with) and claim number, the 1st claim, CCJ (24th September 2014), Interim Charging Order (October 2009) which turned into the final charging order (December 2009) £11,289.83 - No installments were ever set it has just sat on the property since then, the court ordered that "The interest of the judgement debtor Miss XXX XXX in the asset described in the schedule below stand charged with the payment of £11,289"

 

The new claim is "Cabot Financial UK Limited" the particulars of the new claim is as follows

 

The particulars are as follows:

 

The claimant claims payments of the overdue balance due from the defendent(s) under a contract between the Defendants(s) and british credit trust dated on or about the 1st May 2008 and assigned to the Claimant on the 27th August 2013 in the sum of £11553.83

 

Particulars a/c - ****

 

Date Item Value

19/9/2014 Default balance 11553.83

09/10/2014 Post Refrl crd -0.00

 

Total :- 115583.83

 

----

 

As you can see the time line fits, its the rest of the information which Cabot seem to be missing.

 

What do you think ?

[AndyOrch]

Have you got the original particulars also?

[walmsley7274]

Hi

 

No sorry I don't, all I have is the final CCJ paperwork which was sent to me from the decision in Sept 2009 where it says

 

"1. Summary judgement for the claimant in the sum of £10,479.83.

 

2. The defendant is to pay the claimants fixed costs of £810.00"

 

There was no payment plan put in place.

 

Then the interim charging order stated:

 

On 8th October 2009 District Judge Richardson considered the application of the claimant, from which it appears:

 

(a) a judgement or order given on the 14th October 2009 ordered the defendant to pay money to the judgement creditor

 

(b) the amount now owing under the judgement or order is £11,289.83 and;

 

© The judgement debtor is the owner, or has a beneficial interest in the asset described in the schedule below

 

and the court orders that:

 

1. The interest of the judgement debtor in the assets described in the schedule below stand charged with the payment of £11,289

2. The application will be heard on 23rd December 2009

 

----

 

This was then put as a charge (below the 1st and 2nd mortgage on the land registry). Obviously my ex partner is listed as restriction and some other paperwork I have shows that it was agreed that we would split any profit 50/50, although that is a mute point as a sale wouldn't even cover the first mortgage.

[AndyOrch]

Thats a pity but never mind...it may be useful for you to gain a copy of the initial N1 claim for future purpose...dont concern yourself with the charging order aspect...that's a different issue.

 

So lets move to the current claim...have you acknowledged service yet? You need to follow the time line and submit a defence (that's the easiest way to deal with this rather than submit an application to strike out) What is the date of issue of this fresh claim?

 

I can draft you an appropriate defence when you are ready to proceed.

[walmsley7274]

Hi

 

I haven't submitted a defence yet, the kind gentleman above gave me the time lines, these are as follows:

 

Issue date 17 October 2014 + 5 days for service = 21 October + 14 days to acknowledge = 4 November 2014 + 14 days to submit defence = 18 November 2014.

 

It would be wonderful if you could help me draft a defence, i wouldn't currently know where to start.

 

How would I obtain a copy of the initial N1 form? Is this something I can request from the local court?

 

Many Thanks in advance.

[AndyOrch]

Hi

 

I haven't submitted a defence yet,I know thats why I offered to draft you one as per my last post the kind gentleman above gave me the time lines, these are as follows:

 

Issue date 17 October 2014 + 5 days for service = 21 October + 14 days to acknowledge = 4 November 2014 + 14 days to submit defence = 18 November 2014.

 

It would be wonderful if you could help me draft a defence, i wouldn't currently know where to start. See above

 

How would I obtain a copy of the initial N1 form? Is this something I can request from the local court? Ring the court that issued the Judgment.

 

Many Thanks in advance.

 

Andy

[walmsley7274]

Thank you Andy

 

I'll contact the local court and find out how to obtain a copy and I'll await your further input.

 

Many thanks again for your time.

[AndyOrch]

Give me a nudge in few days time.

[AndyOrch]

Dont forget to register with MCOL and submit your AoS by the 4th November.Defend all.

[walmsley7274]

Good evening,

 

Could I just ask whether on the AoS what I need to put for contest jurisdiction ?

 

Many Thanks

[dx100uk]

unticked as is

 

 

dx

[walmsley7274]

Thank you for that.

 

Ive just done it.

 

I do have another question though, does anyone know why the court costs are so high

 

Claimant CABOT FINANCIAL (UK) LIMITED

Claim Number XXX

Defendant XXX

 

 

Amount Claimed

£11,553.83

Court Fee £410.00

Solicitor Costs £100.00

Total Amount £12,063.83

Issue Date 17/10/2014

[AndyOrch]

Because they hiked them up in April.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?422941-Court-Fees-effective-from-22nd-April-2014

[walmsley7274]

Hi

 

I'm conscious that the date for me to submit my defence is approaching (14th) are you still able to send me a draft/template for me to submit?

 

Many thanks in advance

[AndyOrch]

No such creature...it must be drafted uniquely to your particulars of claim