CCJ for £5K+ originally for Credit Card Debt

[EreSid]

Hi, first time post. Received notice this morning that my wife has had a CCJ filed against her for £5,600 or so inc. costs by Cabot Financial (payment via Mortimer Clarke Solicitors NE24 9FA).

She had no communication with the previous debtor and hence the debt must have been 'sold' to Cabot.

During the time letters were arriving for this she was suffering from extreme mental distress and refused to communicate with them. She is in the process of being evaluated for Aspergers and already received benefits as she hasn'e been able to work for about 10 years due to ME (CFS) leaving her unable to do most day to day activities. She doesn't receive DLA but in years to come probably will as she becomes weaker. She has also been on medication for anxiety for over 25 years now. I have my own medical issues but won't list them unless relevant.

In short, we are unable to pay.

We switched the heating off once the prices started rising and most days sit here shivering. It's an old house with the worst energy rating.

We have a mortgage on the house (interest only) for another 10 years and with SMI ending, the DWP are paying the interest as a loan, also accruing its own interest. We estimate that in 2032 when the mortgage ends we will probably have to give up the house with no actualy equity released to us. The mortgage is her name solely.

The car is in my name though she pays the tax and insurance. It is worth in the region of £1,000 - £1,500 and is used solely by me for shopping without which her access to the outside world would be limited to a slow walk to the shops once every week. Technically I sometimes use it for work although this is very rare. I earn little enough that that the DWP pays her for me as part of her ESA claim (with a little extra for her health issues).

Inside the house her sole belonging of any value is her laptop, worth no more than £200. She has no savings or investments other than what is in her bank account.

I have some photographic equipment left over from when we ran a company and though it is old and outdated it is sometimes used to earn me a little money (within the limits of not needing to declare for tax purposes). Its total value is probably no more than £2,000. This has always belonged to either the company (dissolved 2017) or myself.

We are currently (like many others) living at the limit of our income.

I understand that initially if the debt is to be enforced we should expect a letter giving 7 days notice - is this correct?

We have a camera near the front door recording video and audio should bailiffs call and my first action would be to advise them of this. I suppose mentioning that she is a 'vulnerable' person should be the second thing to tell them.

Any advise at all would be welcome but I'm concerned about bailiffs arriving with no notice, acting outside of guidelines (everything will be filmed inside and outside the house) or taking my property anything we need to live our lives.

Thanks in advance, I can provide more specific info. if needed.

[zeke]

You do not open the door to unexpected callers and you won't have any problem with bailiffs.

When you open the door to the bailiff you get trouble.

They will apply force to the door and push their way in.

Bailiffs will always lie at court about this. It is when the RING doorbell video is shown in evidence the bailiff's goose royally cooked.

If the claimant applies for a writ of control, then post back here and I'll tell you how to apply to get it set aside.

If a third party has reassigned the debt to themselves, then your defence is a walk in the park. They cannot show how the debt arises.

[EreSid]

Thanks for a quick reply. It's always been my plan to video everything. Will come back if any further developments occur.

[EreSid]

If the claimant applies for a writ of control, then post back here and I'll tell you how to apply to get it set aside.

If a third party has reassigned the debt to themselves, then your defence is a walk in the park. They cannot show how the debt arises.

Hi again, well on Friday we had someone from Resolvecall knock and we didn't answer. He only knocked once then had a look around the side of the house before leaving.

This is the first time we've had anyone actually turning up in person and to be honest I'm not sure it is with regards to the 5K debt or a smaller 2K one.

Almost certain we've not had a 'writ of control' in the post though admittedly I do just skim it, make a mental note then stuff it in a box with all the other crap I can't bear to look at.

So at this stage, is this just harassment to get my wife to respond to contact? It was one bloke and definitely didn't look like 'heavy mob' so clearly he hadn't come to remove goods.

Any advice greatly welcomed!

[Syd Snitkin]

Resolvecall are just a debt collection agency, not bailiffs.