CCJ threat for aged debt

[Lodovicho]

Hi

New here.

I've been receiving threatening letters from Cabot financial in relation to an old credit card debt (default registered November 2011). I have so far ignored the correspondence in the belief there was really much they could do. i was also concerned that acknowledging the debt could be more detrimental than making payments so close (15 months) from the default dropping off.

However, their most recent correspondence concerns me -
"Our typical approach would be to instruct a solicitor to issue a claim for the amount due and to then make n application for a CCJ to be awarded against you".

Can they do this if a default has already been logged? I'm really reluctant to enter into any agreement with them, for fear of restarting the clock. Advice on how to proceed?
regards
Phil

[MIKE770]

Re: CCJ threat for aged debt

would help if you gave some idea of the debt i..e. originator and events that have taken place, (not how you are) but actual information regards the alledged debt , taken out/with whom/default etc etc etc

[nemesis45]

Re: CCJ threat for aged debt

Good morning,
Welcome to LB.

1. The default entry will be removed on the 6th anniversary of the default date paid or not.

2. A default and the issue of a court claim are two different matters and yes they can issue a claim ( however the original default date cannot be altered).

3. When did payments cease completely?

4. Limitations Act 1980 : No payments and or written acknowledgment of a debt in 6 clear years. Any payment to the account resets the " Statute Barred Clock" .

5. When was the card account opened?

6. I would send a request to Cabot for a copy of the agreement for this account, see template in the green box above, there is a £1 statutory fee to pay use a postal order and mark it " For Statutory Fee Only"

use signed for post and check delivery and signature. print off a copy and keep for your records.

nem

[Lodovicho]

Re: CCJ threat for aged debt

Firstly, thanks both for the reply.
It was a capital one card taken out when i was a student. I fell on hard time, and frankly stopped paying it. I did try and offer capital one payment, but they wouldn't even discuss the account with me because I didn't have the account number. default applied November 2011, and no payments made since then.

[nemesis45]

Re: CCJ threat for aged debt

Firstly, thanks both for the reply.
It was a capital one card taken out when i was a student. I fell on hard time, and frankly stopped paying it. I did try and offer capital one payment, but they wouldn't even discuss the account with me because I didn't have the account number. default applied November 2011, and no payments made since then.

How long before the default was placed did you cease payments?

nem

[Lodovicho]

Re: CCJ threat for aged debt

difficult to say... maybe a 2-3 months?

[nemesis45]

Re: CCJ threat for aged debt

difficult to say... maybe a 2-3 months?

OK that's not going to help.

The letter seems very vague not their usual pay up or else, worth sending the CCA request I think.

nem