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Hi...and welcome to my first post :tinysmile_grin_t:
I've been to-ing and fro-ing with Cabot over the past 3 years or so, happily seeking advice from various Fora such as this, and countering any of their claims that I owe them money. However, I'm now finding it tiresome and time-consuming, and would really appreciate a fresh pair(s) of eyes and some final advice.
Here goes...
I bought an item in 1998 or 1999. I was also sold PPI on the basis I wouldn't get the loan if I didn't take it.
My work circumstances changed, and I fell into arrears. I found out via a CRA check in 2006, that the OC took me to court and was awarded judgment in 2001. I have not paid anything, even under the judgment (I really never saw or received the paperwork), since 2001. The CCJ disappeared off my CRA files in 2007, as you'd expect.
In early 2009, I started receiving letters from Cabot at my new address (I divorced a few years ago) about debt assignment, me owing them money, yada yada yada, and I countered with requests for DPA SAR and CCA etc. I have never received either, despite me sending Postal Orders via Recorded Delivery for the relevant fees. All letters followed the usual templates found on this forum and others. When the time limits expired, I basically told them to go forth and multiply, and warned them of the Harrassment issue under the Justices Act etc.
I didn't hear anything for about a year, when I received another 'pay now or else' letter a few weeks ago. I sent them another letter about Harrassment, and the cheeky so and sos actually called me for the first time yesterday. I didn't acknowledge them and told them not to call anymore, and any further correspondence must be in writing. Mind you, I did tell them to only write to me - not call - over 18 months ago, and I still have the copy letter!
In no particular order (for which I apologise), my questions/concerns are:-
1. I understand that the judgment is still valid although not showing on my CRA report - various reasons exist why I don't believe Cabot are aware of it.
1.1 Can they take a different, separate action?
1.2 Can they take action under the existing judgment if they do find out about it?
1.3 How likely are they to do either?
2. I have never paid a penny since before 2001. However, I can't be absolutely sure my ex-wife wasn't conned into paying something until they chased me. In the absence of any statements, I simply don't know, and Cabot has never reffered to 'missed payments' or 'arrears'.
2.1 Am I correct when I say that, because of the CCJ, I cannot claim Statute Barred protection?
2.2 if my wife made any payments, without my approval/knowledge/authority, does that weaken any case under the Statute Barred scenario?
2.3 If they don't realise there is a CCJ, should I wing it with a claim of Statute Barred?
3. If Cabot does take action, or discover existing judgment, I cannot afford to go through Attachment of Earnings, because of my job. I don't want to pay anything, ideally, but what other options would I have if I did lose the battle?
3.1 Full and final offer?
3.2 Full amount, Instalments directly to Cabot?
3.3 Final offer, instalments directly to Cabot?
4. I was sold PPI at the time, as I "couldn't get the finance without it". I have never seen a copy of the CCA, so don't know the actual amount, but could I...
4.1 Reclaim the full amount from any balance I may have to actually pay Cabot?
4.2 Reclaim the full amount if it turns out I can avoid paying anything to Cabot?
4.3 Keep quiet if I manage to not pay anything at all?!
That's a lot of info and questions, I know, but any views or advice will be most welcome.
Essentially, I don't want to pay anything, but if I HAVE to, what's the minimum...
Thanks for listening!
NNN
I've been to-ing and fro-ing with Cabot over the past 3 years or so, happily seeking advice from various Fora such as this, and countering any of their claims that I owe them money. However, I'm now finding it tiresome and time-consuming, and would really appreciate a fresh pair(s) of eyes and some final advice.
Here goes...
I bought an item in 1998 or 1999. I was also sold PPI on the basis I wouldn't get the loan if I didn't take it.
My work circumstances changed, and I fell into arrears. I found out via a CRA check in 2006, that the OC took me to court and was awarded judgment in 2001. I have not paid anything, even under the judgment (I really never saw or received the paperwork), since 2001. The CCJ disappeared off my CRA files in 2007, as you'd expect.
In early 2009, I started receiving letters from Cabot at my new address (I divorced a few years ago) about debt assignment, me owing them money, yada yada yada, and I countered with requests for DPA SAR and CCA etc. I have never received either, despite me sending Postal Orders via Recorded Delivery for the relevant fees. All letters followed the usual templates found on this forum and others. When the time limits expired, I basically told them to go forth and multiply, and warned them of the Harrassment issue under the Justices Act etc.
I didn't hear anything for about a year, when I received another 'pay now or else' letter a few weeks ago. I sent them another letter about Harrassment, and the cheeky so and sos actually called me for the first time yesterday. I didn't acknowledge them and told them not to call anymore, and any further correspondence must be in writing. Mind you, I did tell them to only write to me - not call - over 18 months ago, and I still have the copy letter!
In no particular order (for which I apologise), my questions/concerns are:-
1. I understand that the judgment is still valid although not showing on my CRA report - various reasons exist why I don't believe Cabot are aware of it.
1.1 Can they take a different, separate action?
1.2 Can they take action under the existing judgment if they do find out about it?
1.3 How likely are they to do either?
2. I have never paid a penny since before 2001. However, I can't be absolutely sure my ex-wife wasn't conned into paying something until they chased me. In the absence of any statements, I simply don't know, and Cabot has never reffered to 'missed payments' or 'arrears'.
2.1 Am I correct when I say that, because of the CCJ, I cannot claim Statute Barred protection?
2.2 if my wife made any payments, without my approval/knowledge/authority, does that weaken any case under the Statute Barred scenario?
2.3 If they don't realise there is a CCJ, should I wing it with a claim of Statute Barred?
3. If Cabot does take action, or discover existing judgment, I cannot afford to go through Attachment of Earnings, because of my job. I don't want to pay anything, ideally, but what other options would I have if I did lose the battle?
3.1 Full and final offer?
3.2 Full amount, Instalments directly to Cabot?
3.3 Final offer, instalments directly to Cabot?
4. I was sold PPI at the time, as I "couldn't get the finance without it". I have never seen a copy of the CCA, so don't know the actual amount, but could I...
4.1 Reclaim the full amount from any balance I may have to actually pay Cabot?
4.2 Reclaim the full amount if it turns out I can avoid paying anything to Cabot?
4.3 Keep quiet if I manage to not pay anything at all?!
That's a lot of info and questions, I know, but any views or advice will be most welcome.
Essentially, I don't want to pay anything, but if I HAVE to, what's the minimum...
Thanks for listening!
NNN
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