Cabot Finance bought a debt with a court order on it

[unicorn77]

I assume it was because they we're annoyed they took me to court twice for the same debt and wanted to recoupe losses as literally a week after they lost in court I had this letter saying they bought the debt

[dx100uk]

let it run.

 

tell you one thing

if bluestone had it - its a lemon.

 

and they laughed when they got the CCJ and laughed even more when they got the CO.

 

so tell us the story.

did you VT the car [then only owed 50%]

or let them VS it and became liable for the full value

and got had and all the repo fees etc etc

[unicorn77]

No, The car was stolen, insurance paid to the finance, I continued to pay the remainder of the balance. Obviously when I was made redundant a couple of years later paying for a car I never owned was the last thing I was thinking

[mercyblue]

Hi Obiter and DX. Like I said i've not had this situation before so was basing it on a logical scenario only.

 

I do not have the original copy of the CCJ as it was judged on in 2014, although I can view the amount that was judged for and reference No etc.

 

 

The original CCJ was by Bluestone and came to very near £4550, and simply, I owed the debt.

I could not afford to pay and was generally in financial distress at the time due to reduncancy etc

I could barely feed myself let alone spend money going to court etc.

 

The costs of obtaining the CO would have been added when the order was made final.

The rules changed earlier this year on obtaining a CO

so there may or may not have been a final judgement hearing.

 

 

If you check the land registry it will probably still show as an interim order they don't need to change it - so they don't.

[dx100uk]

so you didn't have gap and there was a shortfall?

[AndyOrch]

The costs of obtaining the CO would have been added when the order was made final. The rules changed earlier this year on obtaining a CO so there may or may not have been a final judgement hearing. If you check the land registry it will probably still show as an interim order they don't need to change it - so they don't.

 

Can you provide a source for this change MB?......as far as Im aware there will always be a hearing for a Final Charging Order?

 

Andy

[Ganymede]

The costs of obtaining the CO would have been added when the order was made final. The rules changed earlier this year on obtaining a CO so there may or may not have been a final judgement hearing. If you check the land registry it will probably still show as an interim order they don't need to change it - so they don't.

 

There is always a final judgment hearing to decide on the CCJ.

 

A Charging Order is applied for and an Interim Charging Order is automatically granted on the papers without a hearing. The ICO can then be immediately registered on the titles deeds at the Land Registry.

 

If, within 28 days of the ICO, the debtor sends written objections to the oppose the Final Charging Order there must then be a hearing to decide whether to make the ICO a FCO or to dismiss it.

 

If there are no written objections the Court can decide the FCO on the papers without a hearing.

 

There is no need to register the FCO as well though if the ICO is already registered.

[mercyblue]

The way I understand it Andy there is now only a hearing if there is an objection to the interim order.

 

http://disputeresolutionblog.practicallaw.com/charging-orders-and-attachment-of-earnings-all-change-or-is-it/

 

Also have a look at part 73 10.7 that's the bit. It's referred to later on

 

73.10B

(1) Where the final charging order was made without a hearing under rule 73.10(7)

Edited September 12, 2016 by mercyblue
add extra text

[unicorn77]

Hi, sorry i've been working all day.

 

I was offered an insurance payout and accepted it.

 

I was given no paperwork with regards to gap insurance

so rang the dealer I bought it from asking for contact details, and

when I rang them it turned out the conditions on it we're they should have dealt with the insurance so they refused to pay out

[mercyblue]

"There is no need to register the FCO as well though if the ICO is already registered."

 

Yep Ganymede the reason I had mentioned that earlier I thought some people might get false hope if they saw it as an ICO at the LR. They might think that the creditor had failed to complete the process and that the CO wasn't actually final.

[dx100uk]

Hi, sorry i've been working all day. I was offered an insurance payout and accepted it. I was given no paperwork with regards to gap insurance so rang the dealer I bought it from asking for contact details, and when I rang them it turned out the conditions on it we're they should have dealt with the insurance so they refused to pay out

 

 

do you still have a copy of the agreement you sign

something smells here

 

 

dx

[unicorn77]

I never actually received the paperwork and have since had a refund on it as was advised earlier in the very first post, but regardless the agreement goes back to 2012ish so I have no paperwork on it whatsoever sorry

[dx100uk]

so the bottom line is you didn't defend the CCJ in jan 14 at all?

I noticed you just vanished and the thread was never concluded

[AndyOrch]

The way I understand it Andy there is now only a hearing if there is an objection to the interim order.

 

http://disputeresolutionblog.practicallaw.com/charging-orders-and-attachment-of-earnings-all-change-or-is-it/

 

Also have a look at part 73 10.7 that's the bit. It's referred to later on

 

73.10B

(1) Where the final charging order was made without a hearing under rule 73.10(7)

 

Many thanks MB I will have to check the CPR updates more regularly.

 

Regards

 

Andy

[unicorn77]

No I never defended the CCJ.

I think it was a mix of not really having much to defend with and not having the money to even attend court which is around 20 miles away

[unicorn77]

this turned up with an income/expenditure form attached.

 

 

Do I just stick with waiting until they take the money when I come to sell the house or have they got something planned for me?

[AndyOrch]

You need to be careful as they may go for an Attachment of Earnings next (assuming your in gainful employment.)

 

Other options are Third Party Debt Order or even Bankruptcy if the judgment is now over 5K

 

Andy

[dx100uk]

I think i'd be getting a SAR off to Santander

and phone northants bulk and get a copy of the CCJ too.

 

 

there cold be stuff to question and p'haps reclaim.

 

 

dx

[unicorn77]

They pretty much have me bang to rights to enforce the debt, I remember when I got evidence and they'd put together an extensive case.

 

If they would be looking at attachment of earning i'm in gainful enough employment to do it, although the debt still sits below 5K. It's not the fact I can't pay it, it's the fact they exist just to take advantage of back then me as a financially vulnerable person, along with the countless people they bully when they struggle to feed families etc.

 

Obviously not wanting to co-operate in the slightest I want to make it as painful to them as possible, I have their account details to make payment to, could I be a massive pain in the ass and throw £1 a week in there and inform them of my intentions since the judgement never stated a repayment arrangement or would that still lead to further legal proceedings?

 

Since they lost the last case and had to pay me then 'coincidentally' getting this a week later they're most definitely going to do whatever to make some money back

[AndyOrch]

" Obviously not wanting to co-operate in the slightest I want to make it as painful to them as possible, I have their account details to make payment to, could I be a massive pain in the ass and throw £1 a week in there and inform them of my intentions since the judgement never stated a repayment arrangement or would that still lead to further legal proceedings? "

 

I would consider making an application to vary the Forthwith to monthly payment arrangement using the N245 (£50 fee) and get a payment plan in place......remove the possibility of an AoE.

 

Andy

[unicorn77]

Sorry when I say the judgement stated no payment arrangement I mean it just said I owe the money, or is it a case of they can reject any kind of offer and still take legal proceedings?

[dx100uk]

as andy says post 46

 

N245 time

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Sept-2015**

[AndyOrch]

Sorry when I say the judgement stated no payment arrangement I mean it just said I owe the money,The full amount ? not a monthly payment? or is it a case of they can reject any kind of offer and still take legal proceedings?

 

They cant execute it further if you submit an N245 and get a payment plan in first before them.

[unicorn77]

OK, thanks for the help guys, i'll look at filling it in when I get home from work. Would I be checking the Reduction in installment? and guessing i'd have to put a reasonable offer forward unless I could literally only afford £1 a week?

 

The irony is from what they say, they bought the debt for the amount that owes on it, i'm sure they we're banking on me being awkward so they could load it with their fees:sad:

[AndyOrch]

" Would I be checking the Reduction in installment? "

 

Not sure what you mean by the above unicorn.......

 

Your notice of judgment should state what the payment arrangement was........either forthwith..the full amount in one go or by paying monthly sums of £xx per month

 

They cant add any fees to the judgment amount..makes no odds what they paid for the debt...the only fees that can be added are execution of the judgment fees IE AoE or Charging Order etc.

 

Hence the need to make application to vary..if you can vary,,if it was a forthwith judgment.?

 

Andy