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Notice of issue of warrant of control!!!!

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Notice of issue of warrant of control!!!!  Empty Notice of issue of warrant of control!!!!

Post by vatanen on Sat May 25, 2019 9:19 am

Hi all,

Just received a Notice off Issue of Warrant of Control from Cabot Financial UK.

I’m completely stunned!! It’s come completely out of the blue!!

I was dealing with Cap One way back in 2012, sent the 3 letters (GOODF templates) estoppel etc then I’ve not heard a thing since.

Now this has just appeared out of nowhere!!

What do I do? I’m guessing it’s far too late to start the 3 letter approach with these parasites?

Thanks

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Post by daveiron on Sat May 25, 2019 10:09 am

If they have a warrant of control ,this must have been to court and a judgement issued against you. Are you sure you have not received anything about this ? Have you moved & they have found you ?
The form in the link is what you need. If this is a recent judgement the debt should be statute barred.

https://www.gov.uk/government/publications/form-n244-application-notice
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Post by daveiron on Sat May 25, 2019 10:43 am

Forgot to add;

In the meantime be aware they cannot force entry unless they have been inside before.So under no circumstances
leave any doors unlocked or windows open. Your vehicle is likely to be what they will target ,so unless you have a garage
you need to keep it away from your property. Do not open the door to them.


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Post by vatanen on Sat May 25, 2019 12:45 pm

Thanks Dave.

I have moved about 3 yrs ago and not had any other correspondence from them.

I suspect they have bought the debt and are trying to get their money back, I don’t have, and never have had any dealings with them.

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Post by vatanen on Wed May 29, 2019 6:59 pm

I’ve looked through my last few weeks mail, and I’ve got a letter from a solicitors asking if I lived at my current address, because they need to contact me about a legal matter. At first I thought it was a fishing PPI letter so ignored it.
I now think they could be linked to Cabot?

I’ve sent the N244 application to the court, as you suggested (special delivery) and got confirmation of postage this morning.

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Post by vatanen on Fri May 31, 2019 2:49 pm

Just got home now, 2 letters 1 including my N244 application...returned because I didn’t enclose a fee, it didn’t say anything about a fee 🙈
2nd one saying there is a warrant issued against me and I must pay immediately!!!!
What the hell can I do?

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Post by daveiron on Fri May 31, 2019 5:12 pm

Don't panic, When was the warrant issued ? If recently the debt was already statute barred.
In the meantime keep the front & back doors locked & hide your vehicle.
UNDER NO CIRCUMSTANCES OPEN THE DOOR TO BAILIFFS.
In the meantime get the n244 sorted.
Remember you requested validation of the debt in 2012 ,the OC failed to provide it and has made no
further contact with you and is statute barred.

Also remember if the alleged debt is in your name only they cannot touch anything belonging
to your partner etc.
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Post by vatanen on Fri May 31, 2019 9:36 pm

It was issued this week.
I spoke to the county court today, explained I didn’t know the N244 needed a fee (my mistake).

She told me to seek legal advice and get the N244 sorted as you say. 👍🏻

I asked where the alleged debt was from, and they said I have a CCJ dating back to 2016, and the debt has been sold to Cabot.

Sounds like Cap One gave up,in 2012, and sold it to Cabot in 2016?

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Post by daveiron on Fri May 31, 2019 10:13 pm

Personally I would get an SAR off to Cap One asap.
See what other advice you get here, My thoughts for the N244 are what I stated earlier .
You requested documentation in 2012 ,this was not provided and Cap One have never contacted
you since .At no time have you been informed of any assignment or court action prior to you
receiving a warrant of control.
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Post by waylander62 on Sat Jun 01, 2019 2:17 am

just to add, you need confirmation from the court of the date that the claim was issued

you need a copy of the claim form itself, check the claim issue date against the date on which you moved

did you leave a forwarding address when you moved ?
and do you have a date when you appeared on the register of electors at your new address ?

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Post by vatanen on Sat Jun 01, 2019 9:04 am

@waylander62 wrote:just to add, you need confirmation from the court of the date that the claim was issued

you need a copy of the claim form itself, check the claim issue date against the date on which you moved

did you leave a forwarding address when you moved ?
and do you have a date when you appeared on the register of electors at your new address ?

They said yesterday the CCJ was issued in Jan 2016.

No because I hadn’t heard from Cap One since 2012. I set up a redirection but still received nothing from them.

I’m on the electoral register from mid 2016.

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Post by vatanen on Sat Jun 01, 2019 9:05 am

@daveiron wrote:Personally I would get an SAR off to Cap One asap.
See what other advice you get here, My thoughts for the N244 are what I stated earlier .
You requested documentation in 2012 ,this was not provided and Cap One have never contacted
you since .At no time have you been informed of any assignment or court action prior to you
receiving a warrant of control.

I spoke to Cabot’s solicitors yesterday, and they said they’d bought the debt and all contact should be with them, not Cap One. Is it worth sending an SAR to them too?

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Post by daveiron on Sat Jun 01, 2019 9:14 am

Send SAR to CapOne.
They should have everything. Who knows there may be something there that that solicitor does not want
you to see or something is missing.
I would advise against communicating any further other than by Royal Mail recorded delivery.You can be
sure they will be recording your calls ,and one slip on your behalf could be taken as admitting liability,
then its game over.
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Post by vatanen on Sat Jun 01, 2019 9:20 am

@daveiron wrote:Send SAR to CapOne.
They should have everything. Who knows there may be something there that that solicitor does not want
you to see or something is missing.
I would advise against communicating any further other than by Royal Mail recorded delivery.You can be
sure they will be recording your calls ,and one slip on your behalf could be taken as admitting liability,
then its game over.  

Thanks Dave Smile

Yes I was very aware of that, at no point did I admit the debt, I basically said I don’t know who you are people are, I contested the matter with Cap One back in 2012 and this has come out of the blue.

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Post by daveiron on Sat Jun 01, 2019 9:27 am

You may want to get off that register ! I have been off of it for years and it has not made the slightest
difference to me .In any event I do not consent to be governed .
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Post by Sharpysparky on Sat Jun 01, 2019 1:05 pm

Good advice daveiron, I did not fill the form out last year  and had a goon come round saying I could me fined £1000, I laughed so much in he’s face and said you dont even know my name so who are you going to fine!!!!
I still received a poll card recently though which I found odd, made good use of them to start a fire lol
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Post by vatanen on Mon Jun 03, 2019 6:19 am

So this weekend I searched through all my paperwork, and I’ve found a default notice dating back to late 2011.....that’s it I’m screwed, no way will a judge side with me now Mad

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Post by waylander62 on Mon Jun 03, 2019 10:55 am

that doesnt mean that cap one or cabot have one ? dont give up so easily ?

is the default notice even compliant ? is there a compliant agreement ? has this been lawfully assigned ? is the claimant authorised do they have permission ? are the sums claimed actually correct ? was there any PPI with the credit card ?

so much you can do !!


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Post by vatanen on Mon Jun 03, 2019 12:20 pm

@waylander62 wrote:that doesnt mean that cap one or cabot have one ?

its from Cap One

is the default notice even compliant ? Its perfectly readable and not blurry, however it doesn’t have Cap ones address on it only mine
is there a compliant agreement ? I’m not sure what this means
has this been lawfully assigned ? not sure
is the claimant authorised do they have permission ? again not sure what to look for
are the sums claimed actually correct ? Yes the amounts are correct
was there any PPI with the credit card ? Yes there was PPI

so much you can do !!


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Post by daveiron on Mon Jun 03, 2019 12:41 pm

Stick with waylanders advice, Eg, Cap One had a default notice in 2011, its by no means certain
they have one now, so never mention your copy to them.
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Post by waylander62 on Mon Jun 03, 2019 11:29 pm

@vatanen wrote:
@waylander62 wrote:that doesnt mean that cap one or cabot have one ?

its from Cap One

is the default notice even compliant ? Its perfectly readable and not blurry, however it doesn’t have Cap ones address on it only mine
is there a compliant agreement ? I’m not sure what this means
has this been lawfully assigned ? not sure
is the claimant authorised do they have permission ? again not sure what to look for
are the sums claimed actually correct ? Yes the amounts are correct
was there any PPI with the credit card ? Yes there was PPI

so much you can do !!


to answer you in turn:
readable does not make it compliant so it may not be compliant
there will be an agreement between you and cap one which must comply with CCA if it doesnt then you have a defence
i would need to know who the claimant are
well there is an argument proof of assignment is required
so there are no unfair charges ? and the PPI redress was paid to you before the claim was issued ?
if there was PPI then the agreement constituted an unfair relationship under section 140 of the CCA.

try and get this set aside for never even seeing any claim form and convince the court you have real prospect of success in defending cabots claim as you have been provided proof that
1) a compliant agreement exists
2) any compliant default notice was ever served
3) No proof that this alleged debt had ever been assigned to the claimant
4) authorisation ? i dont know
5) unfair relationship

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Post by waylander62 on Mon Jun 03, 2019 11:32 pm

to add to my last post

just defending a claim now where the claimant have had to admit that they cannot provide a default notice because the original creditor have stated that they sent the only copy to the defendant and didnt keep a copy for themselves Shocked

should be game over

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