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Hi there,
Just under six years ago, Cabot Financial obtained a CCJ against me for a very old debt. I could not afford to clear the CCJ and believed they had raised this in line with the rules so set up monthly payments to the amount I could afford and had been paying monthly for the last 5.5 years to reduce this debt.
In March, Cabot wrote to me and informed me that they had raised a CCJ in error as the debt was not enforceable - it was statute barred. They informed me that they would remove the CCJ and refund me the £4000 I had paid them. They have refunded the payments, however despite me contacting them monthly since March 2022, they have not removed the CCJ. I have spoken to the courts several times and been informed that Cabot need to confirm that the claim was an error so this can be set aside. So seven months on, I still have a CCJ on my file.
My complaint is that I have been unable to access credit at a reasonable rate for 5.5 years - recently my Mortgage has been increasing as I was not able to gain a fixed deal and when my finances have been tight due to being out of work for several months, I had to resort to pay day loans and high interest credit cards to weather my financial storm - I am just about back on my feet and paying these off.
If I did not have the CCJ, I would have saved quite a few thousand on interest payments and been able to reduce the amount of monthly interest on my Mortgage. I am really angry that Cabot are unwilling to set this CCJ aside despite sending me a letter saying they would do this back in March. Each month they reply saying that they cannot give a date as they have written to the appropriate registry.
So my ask for advice is - should I and can I claim compensation for the costs and stress I have incurred over the past 5.5 years and is there anything I can do to clear this CCJ - it leaves my file in 6 months anyway but I am so angry that this company threatened me with bailiffs after raising a CCJ claim that was for a statute barred debt. If anyone knows of a process that I should follow I would be grateful to hear this.
Many thanks
Just under six years ago, Cabot Financial obtained a CCJ against me for a very old debt. I could not afford to clear the CCJ and believed they had raised this in line with the rules so set up monthly payments to the amount I could afford and had been paying monthly for the last 5.5 years to reduce this debt.
In March, Cabot wrote to me and informed me that they had raised a CCJ in error as the debt was not enforceable - it was statute barred. They informed me that they would remove the CCJ and refund me the £4000 I had paid them. They have refunded the payments, however despite me contacting them monthly since March 2022, they have not removed the CCJ. I have spoken to the courts several times and been informed that Cabot need to confirm that the claim was an error so this can be set aside. So seven months on, I still have a CCJ on my file.
My complaint is that I have been unable to access credit at a reasonable rate for 5.5 years - recently my Mortgage has been increasing as I was not able to gain a fixed deal and when my finances have been tight due to being out of work for several months, I had to resort to pay day loans and high interest credit cards to weather my financial storm - I am just about back on my feet and paying these off.
If I did not have the CCJ, I would have saved quite a few thousand on interest payments and been able to reduce the amount of monthly interest on my Mortgage. I am really angry that Cabot are unwilling to set this CCJ aside despite sending me a letter saying they would do this back in March. Each month they reply saying that they cannot give a date as they have written to the appropriate registry.
So my ask for advice is - should I and can I claim compensation for the costs and stress I have incurred over the past 5.5 years and is there anything I can do to clear this CCJ - it leaves my file in 6 months anyway but I am so angry that this company threatened me with bailiffs after raising a CCJ claim that was for a statute barred debt. If anyone knows of a process that I should follow I would be grateful to hear this.
Many thanks
