Ccj for credit card debt

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Boingsaidzebberdy
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Ccj for credit card debt

Post by Boingsaidzebberdy » 19 Mar 2018 04:18

Hi..I got a ccj for a credit card debt..it's got to the stage where I have a bailiff coming to the house. I think he may be a county court bailiff..he's left a couple of letters because I havnt been there when he's called, the last one saying.TAKE NOTICE enough time has now been wasted on this matter and failure to respond..you leave the court no option to enforce the warrant by removing goods to the value of the warrant plus added court costs. This may be done in the presence of police..it also states the claimant as being Cabot financial- capital one..is the threat of police leagle, is being in debt a crime..and also do I owe money to both Cabot and capital one..where as my understanding is capital would have sold the debt so why would there name appear on court papers..any help would be gratefully appreciated..thanks Mark..

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Pote Snitkin
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Re: Ccj for credit card debt

Post by Pote Snitkin » 19 Mar 2018 12:44

As this is a credit card debt, then it will be a county court bailiff. There is no power to force entry and the police won't be used. Anything of value outside the property, ie car, bike, etc would be targeted. The debt has been bought from Cap One by Cabot, so the debt is now owed to Cabot only. Cap One's name appears on court papers to help you identify the original creditor.

Were you aware of the court proceedings at the time? Did you defend the claim? Can you remember when you last made a payment towards the debt?
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Schedule 12
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Re: Ccj for credit card debt

Post by Schedule 12 » 19 Mar 2018 13:55

Can you post a copy of the document threatening you with the police?

I have a feeling that by saying the police will be attendance might infer that criminal proceedings lie of the debt is not paid under a contract.

The law I am referring to is section 40 of the Administration of Justice Act 1970 which states:
  • 40 Punishment for unlawful harassment of debtors.

    (1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he

    (a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

    (b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

    (c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

    (d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
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Michelle
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Re: Ccj for credit card debt

Post by Michelle » 19 Mar 2018 15:29

Boingsaidzebberdy wrote:
19 Mar 2018 04:18
Hi..I got a ccj for a credit card debt..it's got to the stage where I have a bailiff coming to the house. I think he may be a county court bailiff..he's left a couple of letters because I havnt been there when he's called, the last one saying.TAKE NOTICE enough time has now been wasted on this matter and failure to respond..you leave the court no option to enforce the warrant by removing goods to the value of the warrant plus added court costs. This may be done in the presence of police..it also states the claimant as being Cabot financial- capital one..is the threat of police leagle, is being in debt a crime..
No, debt is a civil matter and debt recovery has nothing to do with the police, however, where bailiffs are involved, sometimes the police gets called. In that case, their role would be simply to keep the peace, nothing to do with the debt itself.
Boingsaidzebberdy wrote:
19 Mar 2018 04:18
and also do I owe money to both Cabot and capital one..where as my understanding is capital would have sold the debt so why would there name appear on court papers..any help would be gratefully appreciated..thanks Mark..
No, you don't owe money to both creditors. For the last 5 or 6 years, virtually all consumer credit debts such as credit cards and loans have been sold to debt purchasers like Cabot, rather than the original creditor taking them to court. The creditor in this case is Cabot, but Cap One's name appears for reference, otherwise you may not know what the debt refers to.

Can you give us a bit more detail about this debt, how much is the judgment for?
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Boingsaidzebberdy
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Re: Ccj for credit card debt

Post by Boingsaidzebberdy » 19 Mar 2018 18:11

Thanks for all the answers..the debt was for £789.. I had to phone the court today because the better half wasn't happy with the bailiff calling..the court said I could do some kind off appeal, but it would cost £250, which I don't have and I'm not on any kind of benefit, and they said there's no guarantee I would win..they were pretty good in all fairness..she then gave me the number for the solicitors of Cabot, and told me to phone them..I had to set up a payment plan so the warrant could be stopped, I had to do that just so I know my Mrs can sleep at nite..thanks for all your help on this but I just thought paying a bit would make life a bit easier for the time being..having said that I received another letter from Northampton county court today for another card debt. But I've gone on to mcol to give me a bit more time to sort out..does anyone know if i need to start a new post for that..thanks mark

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Michelle
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Re: Ccj for credit card debt

Post by Michelle » 19 Mar 2018 18:44

Boingsaidzebberdy wrote:
19 Mar 2018 18:11
Thanks for all the answers..the debt was for £789.. I had to phone the court today because the better half wasn't happy with the bailiff calling..the court said I could do some kind off appeal, but it would cost £250, which I don't have and I'm not on any kind of benefit, and they said there's no guarantee I would win..they were pretty good in all fairness..
If you didn't receive the claim form, you could apply to have the judgment set aside, rather than appealing it, that's what they were referring to, and yes, the cost is £255 unless you qualify for fee remission, that's why I asked how much it was for. It's true there is no guarantee of success, you'd need to have a suitable defence to the claim. I do know someone who received a claim for a Cap One credit card and they went to court and won, but it was a much larger amount and they defended the claim.
Boingsaidzebberdy wrote:
19 Mar 2018 18:11
she then gave me the number for the solicitors of Cabot, and told me to phone them..I had to set up a payment plan so the warrant could be stopped, I had to do that just so I know my Mrs can sleep at nite..thanks for all your help on this but I just thought paying a bit would make life a bit easier for the time being..having said that I received another letter from Northampton county court today for another card debt. But I've gone on to mcol to give me a bit more time to sort out..does anyone know if i need to start a new post for that..thanks mark
Yes, please, do start a new thread about this other debt. When you say you went on to MCOL, I assume you acknowledged service and said that you would be defending the whole claim, is that what you did to get more time?
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Boingsaidzebberdy
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Joined: 04 Mar 2018 01:18

Re: Ccj for credit card debt

Post by Boingsaidzebberdy » 19 Mar 2018 20:15

Hi Michelle.. yes I did..but I'm still not sure how to defend it..thanks again..will start a new thread later.

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