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[Paddy113]

Hi, thank you for accepting me

[Paddy113]

I have a query regarding an old credit card debt.... MBNA/Idem/Cabot/Mortimer Clarke/Resolvecall.*
I received a letter from Mortimer Clarke re:Cabot Financial (UK) "We refer to the above matter and the CCJ obtained against you in this case."
Also the threat of Resolvecall visiting my home in the next 7 days. Resolvecall did visit and a card was left saying I should contact M/C immediately or they would be back again for a second visit. I checked all the credit reference agencies and no outstanding debts are registered with any of them so I wrote to M/C and Resolvecall using a letter template I found on here "No debt is acknowledged to your company.....under the limitations act 1980 s.5.....No correspondence/payment/acknowledgement of this debthas been made in the last 6 years etc etc...."
Received a reply from Resolvecall saying they are no longer dealing with the case, as expected.*
Today, 10 days after I wrote to M/C I received another letter quoting section 29(5) of the limitations act 1980. MBNA agreement started 14/02/02 and terminated on 30/07/11, and apparently proceedings/CCJ were issued on 16/01/14 and as a CCJ was obtained the court has deemed me liable to this debt and it cannot be statute barred.
No acknowledgement/payment/correspondence for the last 6 years. Advice welcome on how to respond.*

[ploddertom]

After a CCJ is awarded against you the debt never becomes Statute Barred but will drop off your Credit File after 6 years. If no enforcement has taken place within the initial 6 year period then the Creditor would need to apply to the Court with a valid reason to commence enforcement - it is rarely granted and usually only for those where the Debtor has returned from being abroad. Have Cabot been registered as the new owner of the CCJ - they need to apply to the Court to do this.

There has been quite a few threads like this crop up lately and would guess that Cabot have bought up some old debts and are chancing their arm hoping folks won't know what the correct process is. Don't get into letter tennis with them, let them do all the running.

[Paddy113]

I appreciate your response. I believe that the CCJ was issued to Idem in 2014. Cabot Financial bought the debt a couple years ago and started sending letters. I ignored the letters as I had no debt with Cabot. I now actually have a new credit card with MBNA who are the owners of the original debt from 2011. There is no CCJ on any credit file/report in my name.*

[Paddy113]

On reflection I think there was another company before Idem that may have had the CCJ....Idem I think from 2016, Cabot from about 2018/19....the debt seemed to keep getting passed on every couple years. As I had several debts when my business went bust I couldn't pay everybody at the same time and though I have cleared several, and am still in the process of paying 4 old debts monthly, this one just got so confusing as it kept changing hands/company name and I lost track of its origin.*