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Cabot Debt /CCJ expired

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  • Cabot Debt /CCJ expired

    Hi I am hoping you can help. In my early 20's approx 2004, I purchased a car on HP, I defaulted on payments with British Credit Trust and ultimately the vehicle was re-possessed.

    The debt was bought by Cabot and I made a few tokens payments, the last being in 2009. I can recall letters being sent, however admittedly I buried my head in the sand.

    I moved from my previous property in 2013 and subsequently Mortimer Clarke filed for CCJ which was awarded in 2014. Unfortunately I can not recall if I received papers to inform me of their intentions which was successful.

    ​​​​i recall finding out about the CCJ, and think this may have been when I checked my credit file. I had my children in 2013 and 2014 so it is all a blur.

    The CCJ has since off my credit file (2020) and Cabot have recently been resending letters regarding the debt £9776.

    I am aware CCJ's can be enforced after 6 years under exceptional circumstances s they do not become statutory barred.

    Here comes the issue ....
    I am about to inherit 50% of a property mortgage free so I have panicked and contacted Cabot as I am fearful they will send my case back to Mortimer Clarke and reapply to court to put a charging order on the property to recoup the debt.(I did not offer them this information)

    After speaking to Cabot I have set up a payment plan (which will take 22 years to pay off due to current financial constraints). I am now thinking I should have waited.

    I have also discovered the original debt was for £5000 so I am unsure where the additional charges have come from.

    I have put in a SAR to request correspondence that has been sent to me since they took over the debt including CCJ information and spoke to the complaints department asking them.to.look into these 'Legal Adjustment Fees'.

    I am really stressed out with it all. I don't dispute I owe the HP payments but don't understand were the additional charges have come from.

    I am wondering should I now cancel the payment plan (no payment payed as yet) and wait for the SAR information for me to review and maybe seek legal advice from a Consumer Credit solicitor?

    THanks for reading and any advice would be greatly received







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    Tags: None

  • #2
    I suspect they have been adding interest on the original debt, I believe this is not legal as once a Judgement has been granted the debt remains, (You still owe the money).You need to get all the origional application agreenment,terms and conditions ect,no doubt you will receive better information, so hold fire.

    Comment


    • #3
      Thanks for your response. I am not disputing the £5000 debt so will be happy to pay now I am a better position.

      In terms of original application agreement would this be the HP document or correspondence sent from Cabot / Mortimer Clarke.

      I don't recall who my finance company was when I signed the agreement as it was 20 years ago.

      Comment


      • #4
        Thanks for your response. I am not disputing the £5000 debt so will be happy to pay now I am a better position.

        In terms of original application agreement would this be the HP document or correspondence sent from Cabot / Mortimer Clarke.

        I don't recall who my finance company was when I signed the agreement as it was 20 years ago.

        Comment

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