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Cabot Financial - CCJ

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  • Cabot Financial - CCJ

    Cabot Financial have recently brought a debt of mine. It was originally a Sainsbury's credit card. I stopped paying the debt when life changed for me (won't bore you) anyway since probably Nov/Dec 2011 I've not made a payment or spoken to anyone with regards to this debt at all. Cabot are stalking me down with calls and letters. The last letter they sent says they will be proceeding with court action if I don't reply.
    The debt was defaulted in 2013 (which I know probably should be moved back to 2012 but to get it moved I'd have to call them and acknowledge the debt!) can Cabot now file for court action so late in the day? (I know defaults have to be applied with 6 months of non payment, but am I right in thinking CCJ's are up to 6 years after)
    If so should I go to Cabot ask for details of the debt (without acknowledging it, I have a template letter I found off the net) and see what I get back?
    I don't want a CCJ on my file after all this time, please help!

    Thanks
    Tags: None

  • #2
    Re: Cabot Financial - CCJ

    they have up to 6 years to start a case in england.wales or 5 years in scotland, once they start within that time the statute of limitation is on hold.

    send a CCA1974 request for starters if you have not done so with £1.00 postal order Recorded Delivery

    - - - Updated - - -

    they have up to 6 years to start a case in england.wales or 5 years in scotland, once they start within that time the statute of limitation is on hold.

    send a CCA1974 request for starters if you have not done so with £1.00 postal order Recorded Delivery | CCA Request keep copies of evertything

    - - - Updated - - -

    more details of the originator etc would help

    Comment


    • #3
      Re: Cabot Financial - CCJ

      Ok great I'll do that! The originator was Sainsbury's credit card.....
      the debt has been sold on so many times but this is the first letter I've had mentioning a CCJ (I've just brought a house, the last thing I need is any more negative marks on my credit file!)

      Comment


      • #4
        Re: Cabot Financial - CCJ

        Also can you confirm when the 6 years actually starts? From last payment I'm assuming....

        Comment


        • #5
          Re: Cabot Financial - CCJ

          usually after 1st missed payment - no acknowledgment but other say account termination -

          lucky you have got a house prior to this

          Comment


          • #6
            Re: Cabot Financial - CCJ

            Originally posted by TMLN251181 View Post
            . I stopped paying the debt when life changed for me (won't bore you) anyway since probably Nov/Dec 2011

            ...

            can Cabot now file for court action so late in the day? (I know defaults have to be applied with 6 months of non payment, but am I right in thinking CCJ's are up to 6 years after)
            From what you have said, Cabot can go for a CCJ and you can't defend it on the grounds that it is "statute barred" as they are clearly inside the 6 year limit.

            Your options if you don't want a CCJ are:
            1) make an arrangement to pay
            2) offer them an amount in full & final settlement of the debt
            3) ask them to produce the Consumer Credit Act agreement for the debt and hope that they can't. This is more likely to work for older debts - when did you open the account?

            Comment


            • #7
              Re: Cabot Financial - CCJ

              When (what year) did you open this Sainsbury's account?

              Send a s77-79 CCA Request to Cabot with a copy to their solicitors if they have written to you.

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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              • #8
                Re: Cabot Financial - CCJ

                CCA Request

                Comment


                • #9
                  Re: Cabot Financial - CCJ

                  Sorry wrong place
                  Last edited by Geoff21; 16th April 2017, 12:07:PM. Reason: Entered in error

                  Comment


                  • #10
                    Re: Cabot Financial - CCJ

                    I think roughly 2008 I opened it. And it's only Cabot writing to me at the moment not their solicitor.
                    I'll send a CCA request and see what they reply with.

                    Comment

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