Cabot purchased Hitachi CCJ but not reassigned?

[n1985]

I got myself into a bit of a financial mess 10 years ago and found myself unable to pay my unsecured commitments. Hitachi successfully obtained a CCJ against me in 2013 and the debt was later sold on to Cabot which I have been paying every month.

I phoned Cabot today and they told me that they cannot see a CCJ on my file. My questions are:
1. Should the CCJ have been reassigned to Cabot when they purchased the debt?
2. Is there a time limit by which this has to be done by?
3. If I stop paying Cabot, can they persue me for the outstanding balance?

Any assistance is greatly appreciated!

[R0b]

Hello, answers below.

1. Should the CCJ have been reassigned to Cabot when they purchased the debt?
Yes, if they want to enforce the judgment. Cabot would need to make an application to the court to replace Hitachi with Cabot as the judgment creditor.

2. Is there a time limit by which this has to be done by?
No, but if the judgment is over 6 years old, in addition to point 1 above, Cabot would need permission from the court to enforce the judgment.

3. If I stop paying Cabot, can they persue me for the outstanding balance?
Yes, assuming they are the creditor which you appear to have confirmed since you are paying them the balance. However, if they are not aware of a CCJ for this record, then they might issue fresh legal proceedings which could amount to an abuse of process. You would need to prove that Hitachi obtained a CCJ for this related debt, usually by way of a court order but if you have no evidence, it will be difficult for you to argue that a CCJ has not already been obtained.

[n1985]

Thanks Rob, that's really helpful. The CCJ was granted in December 2013 to Hitachi and I have the original Redetermination Letter that was issued. I believe the debt was sold onto Cabot in January 2015. What's the likelihood that the Court will issue permission to enforce the judgement if I did stop paying?

Hello, answers below.

1. Should the CCJ have been reassigned to Cabot when they purchased the debt?
Yes, if they want to enforce the judgment. Cabot would need to make an application to the court to replace Hitachi with Cabot as the judgment creditor.

2. Is there a time limit by which this has to be done by?
No, but if the judgment is over 6 years old, in addition to point 1 above, Cabot would need permission from the court to enforce the judgment.

3. If I stop paying Cabot, can they persue me for the outstanding balance?
Yes, assuming they are the creditor which you appear to have confirmed since you are paying them the balance. However, if they are not aware of a CCJ for this record, then they might issue fresh legal proceedings which could amount to an abuse of process. You would need to prove that Hitachi obtained a CCJ for this related debt, usually by way of a court order but if you have no evidence, it will be difficult for you to argue that a CCJ has not already been obtained.