Tweet
Please be gentle - I've tried to research this topic before posting here, but I am really, really struggling at the moment and I have brain fog, so I may make mistakes.
Some background: I am a domestic abuse survivor who's already dealing with the consequences of financial abuse - debts my ex dumped on my doorstep before leaving. For almost two years now, I have been co-operating with an active police investigation into my ex's abuse, which has taken its toll on my wellbeing. Then my health (already poor) worsened because of a suspected covid infection, the lingering effects of which I still experience, and I am also suffering from PTSD symptoms as a result of many years of abuse. Finally, six months ago I lost my job due to the pandemic. I'm in receipt of Universal Credit which doesn't cover my essential outgoings, leaving me £300-400 in the red each month. I am only getting by because friends are informally helping me - I have no savings or assets, or any family. I rent privately and am deeply concerned about the damage that a CCJ could do in terms of my ability to rent and act as the sole bill payer.
It's an old debt that Cabot are chasing me for which is why I am posting here today.
I defaulted on a student overdraft owed to Halifax around 2012/13 (I can't remember the exact date) which amounted to almost £4000 after interest and fees. This debt was sold to Cabot who tried to take me to court in December 2014 - however I responded by explaining that, at the time, I was long-term unemployed and in chronic poor health. I provided medical evidence and a breakdown of my income/outgoings showing how I did not have any disposable income, and I requested that the debt be written off since there was no realistic chance of me able to repay. January 2015 came and went without any word, so I called the court in question and was told over the phone that the decision had been stayed and I should receive something in writing, which I never did. I realise now, I ought to have pursued Cabot for written confirmation but honestly, I was too frightened of awakening the beast.
During the first lockdown (about one year ago) Cabot reappeared and began to call me on my mobile. When they call, I do not acknowledge any debt and I end the call as quickly as possible. My brick phone is so basic that I can't block numbers but it wouldn't make any difference since they are repeatedly calling me from more and more numbers (at least a dozen now) with various area codes. They call five or six times a day. I have also received infrequent letters from Cabot within the past year, urging me to contact them to arrange repayment, however they do not contain any specific threat of action.
I am actually in an even worse position than when they attempted to take me to court back in December 2014/January 2015 and this can be easily proven, so if I suddenly receive court papers then my instinct would be to repeat the same process as before and hope they apply to stay the decision again, then disappear for another six years! But their constant harassment and the fear of them taking action greatly distresses me and I don't know what to do. I realise I can write and ask them to stop but I am frightened of communicating directly in case it provokes them into progressing their action against me.
My understanding is that, because they filed a court claim - even though it was subsequently stayed - this debt is not eligible to become statue barred. Am I correct?
If that's the case, what do I do? I can't stress how far in the red I am each month. I can't afford to pay them anything at all.
Should I try sending a "prove the debt" letter in the hope they can't provide it, or is that likely to cause more trouble? Basically, I need them to leave me alone for as long as possible.
Thank you for reading all the way down. As I said, I am under incredible stress at the moment and I have brain fog so please do be gentle!
Some background: I am a domestic abuse survivor who's already dealing with the consequences of financial abuse - debts my ex dumped on my doorstep before leaving. For almost two years now, I have been co-operating with an active police investigation into my ex's abuse, which has taken its toll on my wellbeing. Then my health (already poor) worsened because of a suspected covid infection, the lingering effects of which I still experience, and I am also suffering from PTSD symptoms as a result of many years of abuse. Finally, six months ago I lost my job due to the pandemic. I'm in receipt of Universal Credit which doesn't cover my essential outgoings, leaving me £300-400 in the red each month. I am only getting by because friends are informally helping me - I have no savings or assets, or any family. I rent privately and am deeply concerned about the damage that a CCJ could do in terms of my ability to rent and act as the sole bill payer.
It's an old debt that Cabot are chasing me for which is why I am posting here today.
I defaulted on a student overdraft owed to Halifax around 2012/13 (I can't remember the exact date) which amounted to almost £4000 after interest and fees. This debt was sold to Cabot who tried to take me to court in December 2014 - however I responded by explaining that, at the time, I was long-term unemployed and in chronic poor health. I provided medical evidence and a breakdown of my income/outgoings showing how I did not have any disposable income, and I requested that the debt be written off since there was no realistic chance of me able to repay. January 2015 came and went without any word, so I called the court in question and was told over the phone that the decision had been stayed and I should receive something in writing, which I never did. I realise now, I ought to have pursued Cabot for written confirmation but honestly, I was too frightened of awakening the beast.
During the first lockdown (about one year ago) Cabot reappeared and began to call me on my mobile. When they call, I do not acknowledge any debt and I end the call as quickly as possible. My brick phone is so basic that I can't block numbers but it wouldn't make any difference since they are repeatedly calling me from more and more numbers (at least a dozen now) with various area codes. They call five or six times a day. I have also received infrequent letters from Cabot within the past year, urging me to contact them to arrange repayment, however they do not contain any specific threat of action.
I am actually in an even worse position than when they attempted to take me to court back in December 2014/January 2015 and this can be easily proven, so if I suddenly receive court papers then my instinct would be to repeat the same process as before and hope they apply to stay the decision again, then disappear for another six years! But their constant harassment and the fear of them taking action greatly distresses me and I don't know what to do. I realise I can write and ask them to stop but I am frightened of communicating directly in case it provokes them into progressing their action against me.
My understanding is that, because they filed a court claim - even though it was subsequently stayed - this debt is not eligible to become statue barred. Am I correct?
If that's the case, what do I do? I can't stress how far in the red I am each month. I can't afford to pay them anything at all.
Should I try sending a "prove the debt" letter in the hope they can't provide it, or is that likely to cause more trouble? Basically, I need them to leave me alone for as long as possible.
Thank you for reading all the way down. As I said, I am under incredible stress at the moment and I have brain fog so please do be gentle!
