Cabot/Restons, HBOS OD i gave up defending got CCJ/CO - now bailiffs - help - SB'd?

[Bazooka Boo]

AFAIK, It would need to be a payment made by you.

 

Third party payments don't count.

[andrew0101]

Now that's very interesting as Cabot / Restons have CCJ'd me charging ordered my house and now have bailiffs turning up anytime to remove my goods....

[Bazooka Boo]

Well what's the story??

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Andy

[andrew0101]

Old Halifax account dug up by Cabot back in 2014,

issued paperwork saying a "nominal" payment had been made by me into the account so making it un statute barred.

 

..pushed through to CCJ as I did not know what to do and they rather steamrollered it.

 

They got CCJ back in July 2015 then pushed through a charging order.

 

Heard nothing then a warrant of control sent by court a few weeks back..

 

..it was only then I read somewhere about statute barred payments and I knew it wasn't made by me

 

I'm now trying to find something to chuck back at them to call off the bailiffs

[dx100uk]

yes but if you didn't defend nothing is checked..

so nothing prevents them from getting a rubberstamped default uncontested judgement.

 

I take it this is the thread from last year that you left us dead on?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?442273-Cabot-Restons-Claimform-Halifax-Current-Account-OD-debt-SB-d&p=4754859#post4754859

 

threads merged.

 

 

dx

[andrew0101]

Yes this is the thread....it's only now that the third party payment issue has come to light though....I left it dead before because I felt I was done for....is there anything I can do now?

[dx100uk]

read this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?470208-unknown-Cabot-CCJ-for-Catalogue-debt-now-Bailiffs-threatening-Warrant-of-Control&p=4953243#post4953243

[andrew0101]

Does anyone have any case law or anything concrete re statute barred and third party payments

 

I also intend to write to Cabot / Restons and report them to the Law Society and any other body who would take them to task...

 

. I've read the above thread but am unclear as to what path I should take.

 

...as an N245 is an admission of owing the money

[dx100uk]

then N244

 

 

limitation act

 

 

i'd save the complaining till afterwards.

[andrew0101]

It's difficult to know how to approach this.

 

I'm thinking now that maybe the N245 is the way forward to be a short term fix and then the N244 as a way of trying to find grounds to set aside.

 

Any advice would be very welcome especially around the N244 and grounds to get set aside after so long

[dx100uk]

surely you need to prove the third party payment [from where was it made and by whom?]

 

that that was not authorised by you and set it aside under SB rules.

 

you need to get moving too..

[andrew0101]

Just an update.

 

I have a friend who is a lawyer who is now dealing with this for me.

 

Have made a without prejudice arrangement with Restons in order to remove warrant and allow time for a detailed N244 to be prepared and submitted in order to give the best chance of a set aside out of time.

 

Will update as things progress.

[dx100uk]

so what happened?

[Bazooka Boo]

I'm amazed a lawyer even recommended using a "without predjudice" offer???