Cabot/reston got CCJ on already SB'd - *** Struck Out with Costs Successfully Executed by HCEO***

[AndyOrch]

Hi Upset

 

Restons got judgement in default on the last few days in January.

 

How...? did you acknowledge service?

 

You state you submitted a defence.

 

Regards

 

Andy

[AndyOrch]

So basically you missed the defence date ? what date was on the claim form..this is the service date.

[AndyOrch]

You should have submitted by the 24th latest (1 bank Holiday) claim date 22nd Dec 2014.......33 days

 

19 days to acknowledge the claim from and including the 23rd and a further 14 days to submit the defence.

 

Andy

[AndyOrch]

Did you complete the AoS in time but not submit defence? What does the judgment order say as if you did the AoS then it could be an irregular judgment.

 

Not if the time as passed to submit the defence...irregular judgments are when the AoS has been completed and the claimant requests or the court awards default judgment within the 33 days.

 

Upset...if you are 100% sure that the debt was statute barred before the issuance of the claim then you need to complete the N244 and request an order that the claim be set a side pursuant to CPR 13.3 (a)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

There is a fee to submit the application...the fees have just gone up so you need to check online.I would advocate opting without hearing in the first instance the court will advise if different.

 

Regards

 

Andy

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-October-2013**

[AndyOrch]

Delighted for you Upsetandfrustrated

 

If you do have to execute...you add the fee to the amount owed.

 

Well done.

 

Regards

 

Andy

[AndyOrch]

A Writ of FiFa is the High Court equivalent of a Warrant of Execution, but unlike a Warrant of Execution it does not require any notice to be given. ...

 

Regards

 

Andy

[AndyOrch]

Would be funny to have to send in the bailiffs, esp if it could be filmed

 

Well, a further update. I issued the application to transfer the proceedings to the High Court, obtained the Writ and the HCEO attended. They claimed their Solicitors we're dealing with it and from my point of view left the situation in the air by allowing their Solicitors to start sending letters telling me they were going to apply to the court for a stay and contest the charges.

 

So, the above while not surprising, it was a frustrating move. I simply told them to pay up or see them in court. Eventually I applied to the court for an application to question the directors on oath. That put the cat among the pigeons to say the least! On the day, they never turned up, so the Judge awarded full costs and as I was at the High Court in Birmingham, the Judge awarded costs of the hearing and £952.65 in time lost. He also issued a pay forthwith notice and another Writ of Fi Fa. The Judge also referred the details of the case to the FCA to review their licence as a DCA. I think they really angered him with their total disregard in not even communicating they were not turning up. He also ordered that they could not return to the court in appeal or for a stay in proceedings.

 

This time, when it went to the HCEO, they gave the 14 days notice, but attended on the 15th day with a van. The director turned up at Cabot's reception and gave the same speech he did two months previous. This time, they started to remove goods because they had forgotten they had signed a Control of Goods Agreement. The HCEO's actually took the 70" LCD TV off the wall despite the protests of the finance director.

 

Unfortunately for Cabot, the company doesn't have debit cards, so the HCEO's couldn't confirm direct payment for a few hours.

 

End result. Full payment and CCJ against Cabot for over £2600, costs and HCEO's time took that to just under £5,000.

 

I have also issued a complaint to the FCA with respect to their suitability in holding a CCA while having a CCJ.

 

 

Did you forget the film crew Upsetandfrustrated ?

 

Well done delighted for you...just in time for Christmas....dont forget to put CAG on your Christmas List

 

Regards

 

Andy

[AndyOrch]

" The cash will come in handy now I have passed my LLB, so need to fund my Solicitors training in the New Year. "

 

Thats excellent news...good on you...your experience being on the other side of the fence will be invaluable for your future career...well done on the LLB:wink:

 

Moved you back to the Financial Legal Forum for a short spell Upsetandfrustrated........well we have to show your success prominently.