Debt of 8 years old and have just had a CCJ put on my file.

[Kati]

Re: Debt of 8 years old and have just had a CCJ put on my file.

So basically on my understanding of what has been said, as a CCJ has been granted against me, then its too late to get it set aside and claim it is a debt that is now around nine years old Flaming Parrot. In which case I should apply for an IVA through them ???

not necessarily ... you need to sort out the set aside quickly (asap after you found out about the ccj). [MENTION=6]Amethyst[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] [MENTION=48934]Debt Camel[/MENTION] ... any advice??

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

an IVA ? through who? not sure where that's come from ?

Also not sure why you are saying it is too late to get it set aside - you have just found out about it, you have a CCJ by default. You didn't receive the original court papers and the debt was statute barred before they bought the case against you, therefore you could apply to have the judgment set aside and defend on the basis it is statute barred.

Did they say what date the claim and/judgment was?


your other option is to apply to the court for an installment order on the judgment - so you can pay an affordable amount each month, rather than worrying about Wright Hassal/Cabot trying any enforcement measures.

[FlamingParrot]

Re: Debt of 8 years old and have just had a CCJ put on my file.

So basically on my understanding of what has been said, as a CCJ has been granted against me, then its too late to get it set aside and claim it is a debt that is now around nine years old Flaming Parrot. In which case I should apply for an IVA through them ???

Why would you even consider an IVA? :noidea: An IVA is an Individual Voluntary Agreement which is really a form of personal insolvency similar to bankruptcy but where most of the time you get to keep assets such as your home, in exchange for paying a fixed sum every month to be distributed between all your creditors. I don't see why you'd want to enter into an IVA.

Have you looked at the Cabot threads I posted above? I don't know whether that would apply to you, it certainly would if the judgment creditor was the unlicensed Cabot Financial (UK) Limited. :thumb:

Also have you looked at the possibility of applying for set aside?

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

[Debt Camel]

Re: Debt of 8 years old and have just had a CCJ put on my file.

So basically on my understanding of what has been said, as a CCJ has been granted against me, then its too late to get it set aside

Absolutely not. You have to apply for a set aside promptly - if this was a year down the line you would have little chance, but within the last month is def not too late.

and claim it is a debt that is now around nine years old

When you apply for the set aside, say that the debt is statute barred. You can't just ask for a case to be set aside because you never got the papers, you have to have a reason to defend the case and statute barred is such a defence.

The problem with asking for CCA stuff now is that there has already been a judgment. If you get the judgment set aside, at that point you can ask for CCA.

Anyway CCA is only a second line of defence in case a statute barred defence fails. But after 9 years this for a normal loan this one should be good! Unless you are very wrong with your dates...

Draft Order, I am unsure of as I do not know when to set aside the judgement.

Don't tick the Have you attached a draft of the order box on the N244 form. You don't need to do this.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many thanks for such authoritive information.

[Kafka]

Re: Debt of 8 years old and have just had a CCJ put on my file.

You mentioned in post #1 that you had an alert regarding your credit file. Do you have any older credit reports that show this debt as defaulted?

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

No. No older reports show up for anything.

[Kafka]

Re: Debt of 8 years old and have just had a CCJ put on my file.

They won't show up now because only the current report shows, but if you had a copy of an old report that should have shown the default date and that might have proved that the debt is statute barred.
It's possible that the record has gone because it's been dormant for more than 6 years, but we can't prove that.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

I stopped paying the loan in may 2006. Where can i get this information for default ?? Not contacted anyone since 2006

I really want to sort this out quickly and appreciate all of your advice given so far.

[Kafka]

Re: Debt of 8 years old and have just had a CCJ put on my file.

You can send a Subject Access Request to Halifax that will get all of the personal data they hold on you, but they are only obliged to store this for 6 years so may not still have it. SAR costs £10 but can take 40 days to get.

Ideally you would start the process of setaside as soon as possible, but I would send the SAR immediately to get the stuff in the pipeline while you are framing your case.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Flaming Parrot

Would love to know which version of Cabot sent me the letters of my imposing CCJ but I wouldn't know as they sent all the document to an address that I have not lived at since 2010 lol

As someone else said on the thread you sent, if we made that sort of **** up with the paperwork, the judge would have a field day with me.

Many thanks

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

I stopped paying the loan in may 2006. Where can i get this information for default ?? Not contacted anyone since 2006

I really want to sort this out quickly and appreciate all of your advice given so far.

Give the original creditor a ring, with a debt as old as this a SAR could be a waste of a tenner.

nem

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

cabot.pdfcabot2.pdf

Dear All

Have just received a letter back via my solicitor from Cabot's legal team. Have attached the two pages here and see what you think. Basically, they say that they are willing to set it aside if I pay the amount owed with 10 % discount as a gesture of good will. Basically my solicitor says pay it as if it gets set aside they can always chase the debt for eternity. I am very disappointed by this as I have no more money now after seeking help from the solicitor to draw up the form quickly in regards to the getting the court to set it aside. He says that as it is my debt and I have not contacted Cabot in the past, this will be construed as trying to run from the debt by the constant moving that I have done in the last umpteenth years.

What are you views ?

[R0b]

Re: Debt of 8 years old and have just had a CCJ put on my file.

My initial thoughts:

Can you confirm that Wright Hassall are the solicitors instructed by Cabot UK i.e. any initial letters from Wright Hassall or get them to confirm it? If so then your defence to this will be that Cabot UK are committing a criminal offence as they are not regulated under the FCA as are Wright Hassall as they are not authorised either and so should not be conducting in any regulated activities - that will be your grounds for reasonable defence to set aside. Therefore Cabot (UK) should not have instructed WH to undertake a regulated activity. Debt collecting is recognised by the FCA as a high risk group and so they should have authorisation to be doing anything near debt collecting.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Hi Rob. Hope you read the letters that I attached. These are the only letters that I have received, and on those letters it states that Wright Hassall are instructed by Cabot UK. Other than that, I do not quite understand the question that you asked confirming this :confused2:

I wonder whether a judge realises your statement though ??? In an ideal world maybe. As far as my solicitor was concerned, he has gone from being positive about the outcome when taking my money, to quite cautious and almost negative on the outcome hence I have told him there is no more money for him either .