Court Claim - Cabot Financial (UK) Limited / Sainsburys - 2-7-2015

[Amethyst]

You could say something like you consider the claim was an abuse of process and now it's been stayed for 3 years and no further documentation / evidence has been received you#re going to apply to the court to strike it out as an abuse of process. It would definitely be statute barred by now ( as it was on the cusp when they first filed I believe?).... but in the interest of saving costs and hassle you'd consider settlement at 20%? of the debt so long as they withdraw the claim and write it off.... why would they accept ? because it's basically free money - they bought the debt for 10% ish - then they've spent the court fee - so they'd still make a decent profit on it without having to go through more court proceedings. And yes, it is just how they operate... no rhyme or reason to it. As you dont' own your house already they've probably worked out if they did go to the effort of getting judgment they'd be awarded £50 a month installments and have nothing to secure it on....so they'd weigh that up against claims where they DO have the documents and have more chance of getting a return on the investment quickly.

There's lots of if's buts and maybes .... it won't show on your credit file (if it did default pre Sept 2012) or anywhere for your mortgage app - you SHOULD declare it as an outstanding debt ( although without the court claim in place it would be statute barred ) so it really depends how you feel about not declaring it ( can't imagine how it would become known, but if it did during the application process could it bugger up the mortgage process?)

You have checked through all your credit files haven't you? If not, do, before you make your applictaion - if your 996 score is experian - it's still worth checking the details - Experian free access is through MSE Credit Club, Noddle is Callcredit and Clearscore is Equifax - so if you check all three you should have a good idea where you are BEFORE you make your application.

I keep a close eye on mine as I'm working towards getting a mortgage atm, and they do differ with what is reported on each.

Just my rambling thoughts if they're helpful at all anyway xxx

Oh on the 'other old debts' - are there many that wouldn't be statute barred already now?

[johnnykreese]

Thanks. I have checked my credit file(s) with Noodle and Experian and there is no CCJ's or the like. I have worked hard to build my credit back up: credit builder CC for over a year, utilities all paid by DD, no bank overdraft, no pay-day loans, no CC cash advances etc.

I sent Sainsbury's Bank a revised SAR via their GDPR form recorded delivery yesterday morning requesting any/all information held, specifically relating to any personal loans and gave them the timeframe to search.

They never responded to my last one - so let's see what they have.

My plan going forward will be to review what they send me back and try to establish when it was formally defaulted and see if its statue barred or not. If it is, I'll submit an application to dismiss on those grounds and Crapbot can meet me in court or withdraw their claim.

If it isn't I will contact them and offer them 18% on the balance outstanding in FAFS as per your advice.

None of the other debts would not be statue barred by now, no. We're talking 2008.

Re: old debts and mortgage applications, I did learn a titbit the other day from a friend who advised me that since credit files are consumer items and lenders make their own decisions: its probably not a good idea to apply for a mortgage underwritten by any companies owned by anyone you have defaulted with in the past. No matter how long ago. They can and will hold it against you, regardless.