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  1. #1
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    Default 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

  2. #2
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    Default 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

  3. #3
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    Default 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!)

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    Default Re: Cabot Financial - CCJ

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

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    Default 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

  6. #6
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    Default Re: Cabot Financial - CCJ

    Quote 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?

  7. #7
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    Default 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 specializes in consumer credit. 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

  8. #8
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    Default Re: Cabot Financial - CCJ


  9. #9
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    Default Re: Cabot Financial - CCJ

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

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    Default 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.

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