Backdoor Cabot CCJ old co-op card - now Warrant of Control***Set a Side Uncontested***

[primitive_man]

2009 - the youngest girl was still in school (age 15) - because my partner used the CC to pay for a school trip to France - and maxed the card out. (Credit on Card was £650)

 

It was the only CC she could have used - the other was a store card - which also doesn't show up on her credit report.

[dx100uk]

so post 29 is wrong?

 

dx

[primitive_man]

I believe that we were mislead about the last transaction date.

The Coop Rep stated that there was a note on the file saying 'No CCJ' and that she couldn't access any transaction records because they'd been archived... so where did she get the date of the last transaction from?

[dx100uk]

well that's your problem now go and ring again.

 

under

the data protection act

and

the prevention of fraud act.

 

they must hold your data for 6yrs.

 

if they don't release it

then tell them you aer putting the phone down and ringing the information commissioners office directly and making a serious complaint.

and will seek financial compensation as well.

 

ask to speak with a supervisor or manager .

[primitive_man]

After contacting the Coop bank I have been told that I must send a 'formal' request along with payment (£5) and that the reply may take up to 40 days. I have made said request by registered mail.

 

I am now filling in the N244 form in the hopes that I can get the original CCJ overturned using CPR 13.3

- Non delivery of Claim documents

- with a citation of their claim details of the change of address added after the default judgment was issued.

 

I have also cited the Limitation Act 1980

- though until I get the statements from the bank I have no 'real' proof.

 

The good news is Credit Reference Files have been successfully used in the past to prove that a debt is covered by the Limitation Act 1980 simply by their absence from the file.

 

I have also sent a letter to Cabot stating that I do not acknowledge the debt and requesting evidence within the next 21 days if they disagree.

 

Now... just two questions:

1. Who the hell do I send the n244 form to? Anyone got an address - the claim was made at 'County Court Business Centre'.

 

2. If the Bailiffs arrive - can i use proof of postage and copies of these documents to delay their action.

[AndyOrch]

Now... just two questions:

1. Who the hell do I send the N244 form to? Anyone got an address - the claim was made at 'county court Business Centre'.

https://www.gov.uk/courts-tribunals/northampton-county-court-business-centre

 

 

2. If the Bailiffs arrive - can i use proof of postage and copies of these documents to delay their action.

See post #44

 

Andy

[primitive_man]

2 more questions before I post this stuff off.

A. I must make a request to Cabots' Solicitors (the aptly named: Wright Hassal) to set aside the Judgment - any one have a template letter for this?

B. What's the cost of the N244 application - seem to be a lot of differing answers on the web, from £80 - £255.

 

Thanks in advance.

 

Also find attached my n255 Application Statement (Redacted) for ref.

redacted_statement.doc

[dx100uk]

a.no you don't

b.£255

[primitive_man]

Perhaps I should have worded that more precisely - I wish to make a request in the hope that they'll see sense and set it aside themselves.

[AndyOrch]

2 more questions before I post this stuff off.

 

A. I must make a request to Cabots' Solicitors (the aptly named: Wright Hassal) to set aside the Judgment - any one have a template letter for this? You have already requested consent to set a side...they declined to answer ....

B. What's the cost of the N244 application - seem to be a lot of differing answers on the web, from £80 - £255. £255 with a hearing.....£100 without

Thanks in advance.

 

 

Also find attached my n255 Application Statement (Redacted) for ref.

 

Andy

[primitive_man]

A. Request that they set it aside because i have a more than fair chance of getting a judge to set it aside.

B. I have ticked the box for 'No Hearing' - but really, its up to the Judge to decide whether one is appropriate or not.

[AndyOrch]

A. Request that they set it aside because i have a more than fair chance of getting a judge to set it aside.

B. I have ticked the box for 'No Hearing' - but really, its up to the Judge to decide whether one is appropriate or not.

 

 

From your statement......

 

6: On 1st February 2017 I made a written and email request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4 & 5.

 

7. The Claimant has not, to date, responded to my request.

 

The court will advise if there is to be a hearing...subject to the Judgment claimants response....so stay with no hearing for now.

[primitive_man]

6. The date will be changed to today's date..

Since I will be sending all the letters out together - I'll change 7 to read "As of this application the Claimant has not responded to my request."

 

or... are you suggesting that I not contact Cabots' solicitors at all and delete 6 & 7?

[AndyOrch]

Not at all...leave it in shows the court that you have tried to be reasonable....but your initial post today requests a template to send to Restons.....

 

" Perhaps I should have worded that more precisely - I wish to make a request in the hope that they'll see sense and set it aside themselves."

 

I simply replied why ? you have already asked them and they have ignored you ...so why do you want to ask them again ?

[primitive_man]

I have not contacted the Solicitors - I have only spoken to Cabot - who were extremely unhelpful. It's my belief that if I make the request of the solicitors, they may be more reasonable.

[AndyOrch]

ah okay apologies....

 

Its your choice if you wish to contact them...wouldnt bother writing as that will string your application out even longer...and I doubt they will agree....but donk ask dont get.

[primitive_man]

Got nothing to lose really - and there's always a chance - however slim, that one of these slimy b'stards will show a bit of common.

 

Attached is a copy of the letter I'll email to the solicitors - not gonna post it, as you say... its only a chancer and not worth the stamp but it shows that i made an effort not to waste the courts time.

 

Feel free to add or suggest corrections.

solicitors_redacted.doc

[AndyOrch]

Ring ...dont write...catch them off guard with no script......ask for the person dealing with Judgment number xxxxxxxx...have your statement ready to read from.

[primitive_man]

Not too good on the phone - have a speech impediment that makes me hard to understand.

[dx100uk]

i'd ring them

email/post gives them time to workout their options

ringing catches them off the cuff.

 

claimform etc all purposefully set to an incorrect address

 

but the most important reason...the debt was statute barred at the issuance of the claim.

 

ask if they'll set aside by consent FOC to you.

[primitive_man]

Proving beyond doubt that the debt was statute barred waits upon the arrival of the account copies that the Coop are sending me - which could take another month.

Another month of my partner nagging the hell out of me - I don't seriously think I could take it!

[dx100uk]

that's for them to prove its wasn't SB'd not for you to prove it is..

all you need is reasonable evidence

what you've relayed here to me shows it reasonably was SB'd.

 

you don't have to tell them what/why you think its sB'd, don't play your cards.

it's SB'd in your view end of

[AndyOrch]

And more importantly which will cause great embarrassment to the Solicitor......

 

4. My address has not changed in over 23 years, and it is my supposition that an incorrect or false address was given to the court in order to prevent the court documents informing me of the claim from reaching me.

The Claimant, ---, had my address which was the same as the original application for the credit card so why an incorrect address was given is otherwise inexplicable.

Please see [EXHIBIT B, attached] – where the address is changed to the correct one, after a Default Judgment was issued.

 

The court will not take to kindly to claimants issuing claims to previous address if they know the current address.

[primitive_man]

exactly!

[primitive_man]

OK.

Sent the document to them via email.

 

I'll also post it to cover my ass but auto-response said that they'll respond within 2 days

- so if no response by Friday, the n244 will be out the door.

 

I'll get back to ya here if any changes - thanks for all the support.