CCJ circa 2013 vs Santander, now Cabot/Mortimer Clarke chasing

by hughythomas Thu Oct 11, 2018 2:37 pm

Hi chaps,

Had a HPA on a car with REDSATAN back in the day for a car (circa 2012). Asked them to produce original agreement. They provided photocopies. I stopped paying then they took me to court.

Went into court (with Spaniard) and played the Trust game in there. Didn't work out and CCJ received against the fiction.

A4Ved the court costs.

REDSATAN starts coming after i for the costs. Ignored.

REDSATAN default the account and sell onto Cabot in 2016

Cabot contact me - 3 letters sent back to them and quiet for a year (albeit in the style of Notice of Conditional Acceptance, Notice of Fault then a Notice of Default followed up by an Affadavit of Non-Response).

Mortimer Clarke then this year contact me (on behalf of Cabot) and I respond asking 'does the private record of the parties not clearly show this matter is settled?'. Also include a copy of the Affadavit of Non-Response from last year.

Cabot default the account in September 2018.

Karl Lentz style letter sent to Mortimer Clarke asking for them to supply the name of the man who is injured, harmed or damaged and response received today - 'This debt is payable under a judgement order complete enclosed income form. We confirm we do not hold the information you have requested.' Then they supply CC Business Centre address to contact them.

So,

My question is obviously they will presumably send the boys around. Thats fine I've dealt with county court bailiffs regarding this and they got nothing.

Or,

Are they likely to take it to court again?

Thank you!

by Stevro Sat Oct 13, 2018 1:51 am

Spaniard doesn't know all he claims!

by pieintheskywhenIdie Sat Oct 13, 2018 10:10 am

hughythomas wrote:Are they likely to take it to court again?

They can't raise another claim for the same matter, it's already decided. All they can do is try to enforce the judgement that's been given.

by hughythomas Sun Oct 14, 2018 1:51 am

Stevro wrote:Spaniard doesn't know all he claims!

Yer, inclined to agree here.

Hes a good guy but I've been there since beginning and his seminar prices now take the p*ss.

In his defence he did come to court with me for a day for nothing to help out so.

by hughythomas Mon Jan 21, 2019 12:42 pm

Chaps,

Just received something new from them (not seen one of these before).

It looks like a photocopy but with a 'High court of justice' seal (no judge signature or anything) at the top right.

In the high court of justice
Case no _______

Business and property courts of england and wales business list

In the matter of a proposed global supstitution order and on application made by cabot financial ltd

Before the honourable mr justice _______
sittings as a judge of the county court of england and wales

_____
Order
_____

Upon the application of Cabot by application dated___ and upon reading the first witness statement of Ken Stannard and its exhibits

It is ordered that

1. Cabot be sustituted in place of ____ (original creditor) in these claims.
2. Cabot shall cause this order or a true copy therof be served on each of the defendants so listed and shall cause the same to be delivered to the relevant location of the County Court as identified in the schedule.
3. No amendment of statements of case or other documents filed or served in the proceedings listed in the schedule hereto is required by virtue only of the substiution hereby ordered.

The court has made this order without hearing. If you object to the order you must WITHIN 7 days of receiving it make an application to the relevant county court in which those proceedings are pending to have it set aside, varied or stayed.

The big question is this an internal document or did they somehow actually go to the high court of justice? All seems a bit weird to me and doesnt look like a usual court document...are they just trying it on?

by waylander62 Tue Jan 22, 2019 12:30 pm

no, this will be genuine, for some reason they have applied to change the name on a number of claims already in the system

Intrum have done it and i also believe PRA did it, i am not sure of the reason behind why they are doing it ? maybe they have bought out a smaller debt buyer and are now trying to push forward with any claims themselves.

would very much appreciate you letting me see a copy of this 'order'

by hughythomas Tue Jan 22, 2019 2:59 pm

by hughythomas Tue Jan 22, 2019 3:01 pm

Theres the supposed 'order'. I've done some digging and it seems for a fee of £45.00 a DCA can take a bundle of CCJs to a 'court' (!) and get a judge to sign off on them saving a lot of money ready for the enforcement.

I was never informed of this - nor was invited to defend it at the venue. Surprise surprise.

I wonder what line of questioning I should proceed with now. Any suggestions chaps?

by waylander62 Tue Jan 22, 2019 8:14 pm

cheers for that, much appreciated

who obtained the initial CCJ against you ? who actually took you to court ?

by hughythomas Wed Jan 23, 2019 11:11 am

Ass per first post it was REDSATAN originally. Got totally railroaded by the judge.

The original CCJ was 2013 so I imagine they are trying to get this done before it becomes statute barred in May of this year...

I've started writing an affidavit for a commercial maritime lien - they refuse to cease and desist even without any proof(s) of claim and after all these years I fear I have little recourse left. Unless anyone else has any suggestions?

by hughythomas Wed Jan 23, 2019 7:12 pm

I was thinking - maybe ask Mortimer for a true bill?

If I can get a true bill from them I could a4V it then initiate a lien?

Just a thought.

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CCJ circa 2013 vs Santander, now Cabot/Mortimer Clarke chasing

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