Cabot buying a debt with a CCJ

[debzh]

Hi everyone

I just want to know if anyone can answer a few questions for me?

I have a CCJ from one savings bank from August 2014 I have never missed a payment but now my payments are being returned. I have received a letter from Cabot saying I now owe them the money that's remaining on the CCJ. I take it that the balance was sold to the debt collectors.

I wrote to them and asked for a copy of the CCA and received a letter back saying they are unable to get the information from the original lender so the account is unenforceable. They have now entered a default loan on my credit report. I have tried speaking to One savings and they just say we have no record of an account please hold the line and then put me through to Cabot.

Something is not quite right and I am determined to fight back.

1.Does this mean my original lender should mark debt as as zero balance and as such my CCJ should be marked as satisfied as nothing is now owed to the original lender. Cabot have paid the original debt by buying it from One savings bank?

2. Does Cabot have the right to remove the original loan from my credit report and add a new personal loan of their own? I have had notice that they are about to change my credit file with a new loan for the balance?

3. If I was to go to court would I be better trying to get this set aside or trying to get it marked as satisfied?

4. Should I try for a F&F settlement what is the lowest percentage I could realistically offer?

Thank you all in advance for any help

[Amethyst]

Have Cabot mentioned that there is a CCJ on the account at all ?

The CCJ was obtained on 2014 by One savings, and you had an instalment order ? Does the CCJ still show on the register and your credit file?

Any idea when The original debt actually defaulted ? ( how long before it went to court ?)

Cabot can't add a new default to your credit file for the same debt. They could carry on reporting the original debt but can't change the default date ( hence previous question) Their response to your cca request and adding things to your credit might indicate they aren't aware of the CCJ.

If they have bought the judgment debt they would need to register that through the court.

[debzh]

Thanks for the fast response

Cabot have never mentioned the CCJ

The CCJ still shows on my credit file and register but I have asked the courts and it is still in One savings banks name.

I first defaulted on the original loan around end of 2010 beginning 2011

thanks

[Amethyst]

Okay - Cabot aren't aware of the CCJ so we need to inform them do they don't trash your credit file. If this is the same debt it should not be re-added as it fell off the file in 2016/17. Only the CCJ should appear.

We'll do a SAR to them and to OSB as well to find out what's happened.

Have you stopped your payments to the judgment holder now rather than them keep being returned ? Was that standing order ?

How much was the judgment for and how much was your instalment order for?

[Amethyst]

SAR -> https://legalbeagles.info/library/gu...ccess-request/

O S B House
Quayside,
Chatham Maritime
Chatham Kent
ME4 4QZ


and to

Cabot
Data Protection
1 Kings Hill Avenue
Kings Hill
West Malling
Kent
ME19 4UA

[debzh]

It was a standing order and I have just left it running. The original debt was for £5540 and I was ordered to pay £58 a month till the debt is paid. Now Cabot want £2358 which is about right I think.

My argument is that the Judge ordered me to pay One savings bank and that's what I have been doing as it is illegal to defy a court order in the UK so does this mean the financial institutions can over rule a judges order when ever they feel like it?