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

[Upsetandfrustrated]

Sorry if I have the wrong forum.

 

In 2001 I had a Brantano Card via Creation.

in 2003 I had a business failure and told them I couldn't pay anything.

They left me alone and to be honest, they never came back to me.

 

 

Time went on and I received a letter from Lowell in May 2014,

I wrote back with the template letters from this site,

the CCA proof £1,

S10 form £10 for Account etc.

I heard nothing back.

 

 

in August, the same from Red,

again I sent the two letters with postal orders,

all via registered post. Then nothing.

 

 

November I had the same again from Fredericks, again, I sent the same.

 

 

I had not sent the Statue Barred letters as I wanted to see whether they could produce anything.

 

Then a problem. I got the same from Cabot,

I sent a letter telling them of the above and that I was not sending another £11 when nothing has been produced.

They ignored what I had sent, then passed it to their Solicitors, RESTONS.

who sent me a letter before action,

 

 

I was to answer it, but had a really bad accident in my wheelchair when crossing the road.

(a driver got fed up waiting, zoomed off catching my handle dragging me along the road.

I was being treated by the air ambulance on the road for three hours before five weeks in Hospital, three operations etc.)

 

 

I managed to access MCOL, said I had a defence, i,e. it was Statute Barred,

the debtors had not supplied anything proving I held an account with them,

apart from a internal printout showing a payment from £1.00 in April 2014 on the Account.

£1.00 that was what they paid for the debt.

 

I have since been recovering, got another operation in three weeks time and I am coping with the aftermath of the accident.

I have a Crown Court case to deal with, Police and all this compounds my other problems stemming from my disability.

 

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

I have just not been well enough to deal with anything,

now I have a Bailiff letter. Its taken three days just to write this out.

 

What can I do?

I stress, no payment has been made since 2003.

I would have defended the Court Claim had the Accident not happen.

Can I get a set aside, then look to dismiss the claim on the basis of Statute Barred?

 

Help and links to letters, court forms would be much appreciated.

[Upsetandfrustrated]

Andy, I was in hospital when the wife brought the letter in that was caught up in the Christmas post. I went online via my Ipad, acknowledged service, asked for the 28 days.

 

I believed that gave me until the 2nd Feb (28 days) which was ready to send, however, I have the judgment dated the 28th come in on the 29th.

 

At that time, I was in hospital with an arm in 16 pieces and other cuts and soft tissue damage (the car drove over me).

 

Hopefully you will understand I was not really in the frame of mind from that point. It may not be the right attitude, I am still suffering, but using voice typing software as my left arm is not quite usable.

 

The £1.00 on the account form that I was sent was when the DCA "paid" for the debt. The letters I sent, CCA & S10, had a paragraph on them that clearly stated that this money was not to be used to set against the account. That was also on the Postal Order that they all cashed.

 

How would I do the Set Aside? The format?

[Upsetandfrustrated]

Andy,

 

The form is stamped 22nd, envelope stamped 26th, my AOS on the 5th on MCOL, asking for 28 Days. I worked out that I should have had until 2nd Feb. but recieved Judgement dated 28th Jan.

[Upsetandfrustrated]

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

 

Yes, I understand the dates are out, but can I still get it set aside, then aim for a strike out?

 

Any help is really appreciated

[Upsetandfrustrated]

I completed the AOS,

did the defence thinking I had a bit more time than clearly I didn't.

 

 

I was in hospital at the time with a full cast on my arm and having treatment for my other injuries.

It was not the first thing on my mind,

I did have it done (as in written out with dates of the "alleged" account, dates of asking for proof,

and telling the first DCA it was Statute Barred with a notice to that affect).

I had every intention of filing it on what I thought at the time was the last day,

however, the day before the date I intended filing, I received the judgement.

 

I then had an operation on the 2nd, February on my arm, 18th February on my spine and elbow operation on the 7th March.

 

How do I lay out the form asking the Judge to set aside and strike out?

[Upsetandfrustrated]

Hi Andy,

 

The dates above are correct, last contact was September 2003.

 

 

When I was contacted by Lowell Portfolio No.1. I'm looking at the letter telling them that it was Statute Barred, which they ignored of course.

 

 

I sent a CCA, SAR,

 

 

then S.10 letter with £10 PO.

 

 

It all went quiet, then

 

 

our months later I get the same letter sent by a company called Red.

 

 

Again, I did the same.

 

Thanks for your help.

 

JP

[Upsetandfrustrated]

Success!

 

Judge looked at my paper work train. Admonished the Reston's Trainee Paralegal (not got a clue what that is).

 

Set aside, struck out and gave an order that this shall not come before the Court again. (which I hope means will not get another set of threats from another collection agency)

 

Awarded my £155.00 fee back and awarded costs of the morning for me and my carer of £250.00 to be paid forthwith.

 

So, I suppose they were wrong then?

 

Thanks to everyone for their help.

[Upsetandfrustrated]

Question is, how long do I let them have before sending in the Bailiff if they don't pay?

[Upsetandfrustrated]

Hi all,

 

I thought this would die, but hasn't.

 

The Judge awarded me judgement against Cabot and a sum, which I will not put on here for fear of them identifying me. The paperwork for the Country County Judgement has come through with an order for payment forthwith. The amount is well over the threshold of HCEO involvement.

 

My question is, do I now wait longer for them to pay me, or do I send in a debt collector?

 

Advice would be appreciated.

[Upsetandfrustrated]

Its over the limit so the HCEO OK. I have spoken to them today, they have told me to wait another week then apply for the transfer to the High Court and ask for a Fi Fa order.

 

They will then go in an apply a levy. I understand from them that they will have to send a 7 day notice of visit. So that takes the surprise away.

[Upsetandfrustrated]

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.

[Upsetandfrustrated]

TBH Andy, I would love to know whether they were filmed by the TV.

 

 

I never asked, save for the complaint I made with the HCEO as I felt they were dragging their heels.

I expect Cabot/Reston is a customer so my Writ may have been a nightmare.

I was given the name of one director who liaised with me rather than the people in their office.

He kept me up to date and gave me an update on the day.

 

I will make sure CAG has a Christmas box.

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

 

Once I have some experience, I would love to offer my services to the site in the area I am to go into after my year of training.

It's commercial & corporate and good to give back.

Edited December 15, 2015 by Upsetandfrustrated
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