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Restons and Cabot and my apparent CCJ

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  • Restons and Cabot and my apparent CCJ

    Hi there everybody and yes, yet again ANOTHER unsuspecting owner of numerous demands from Rectums (as I see some of you call them ) regarding an outstanding debt that is not mine but Cabot, their client insist on demanding payment for. A brief summary.... I started receiving letters at the beginning of this year 2017, culminating on 15th March 2017 with a letter from Rectums giving me the opportunity to settle an account in monthly instalments, I replied with a counter letter stating ... I do not acknowledge the debt, that I do not have a contract with either them or Cabot and asking to see original contract with wet signature as I do not recall the debt. I also asked them to politely stop harassing me with payment demands for something I do not owe. And also stated that if they didn't stop that I would report them, Rectums and Cabot to the FCA and FOS.
    I recieved a letter from them on 10/04/17 stating legal proceedings where started Feb 13th 2015 (of which I have no recollection or a demand to present in court) for an apparent debt that was from on or around (their words???) Oct 1st 1999 (YES...1999!!!! WT*...) but now due to the above a CCJ was awarded against me by default....the letter also stated that as I've failed to adhere to payments (what payments...??) under the judgement order are instructed and entitled to refer back to court for enforcement. I sent reply on 13/04/17 (way too long to write on here...but can send later if needed) letter stated That I want to see proof,asking them for proof of said debt, and also stated that documents should have been shown to the Courts etc etc...and I asked for any Court documents to be produced referring to said Feb 2015 proceedings. And politely asked them that if this documentation cannot be produced then to stop harassing me for an obvious statute barred debt that I do not acknowledge.
    THEN, another letter from Rectums 28/04/17 stating that their client Cabot does not need to produce documentaion .. and at the end of a long letter stated that their claimants position on this matter remains the same, I reply back 09/05/17 again re iterating in short so does mine...another letter arrived 11/05/17 stating as I hadn't signed previous letter they would like me too?? I resent signed letter. Recieved ANOTHER letter from Rectums 25/05/17 stating "claimants position remains the same....) to which I replied in yet ANOTHER letter that I repeated not acknowledge debt, debt is their claimants, and if it was mine, which it's not, it's also
    statute barred AND I asked that if they continue to pursue going back to court to enforce the Judgement Order, I asked for the hearing to be heard in my local County Court so I can produce all the correspondence pertaining to this apparent statute barred debt and to give them the opportunity to produce the proof that I do owe the debt. Gues what...today the 16/06/17 I again receive a letter stating ...."" The Claimant's position remains the same. If you are unsure of your position we recommend you seek your own independent advice.""

    So, here we are after having read numerous forums on here regarding the above companies and have kinda read the advice and tried to solve issue myself, I am now am at my wits end, tearing my hair out and totally fed up with this whole situation of now what seems stupid one line replies of " Claimants position still remains the same...." every 2 - 4weeks. Where do I go from here....HELP!!!!!

    Rosieroo2 over and out x
    Tags: None

  • #2
    Re: Restons and Cabot and my apparent CCJ

    Hi
    Would I be correct in thinking you got your initial advice from the now defunct forum get out of debt free?

    A few questions

    Did you ever receive a claim form from Nothampton county court?

    Do you admit or deny that you did, at some point have a loan or credit card or some kind of credit with another company - this is really important

    If the answer to the above is yes, are you claiming you have no contract with Cabot which is why you don't owe them the money

    How much do Restons - lets be professional here and call them by the correct name whatever we may think of them

    Why do you think the debt is statute barred - after all by saying it is statute barred you are admitting there is money owed. Statute barred means there is a clear 6 years from the cause of action with no acknowledgement or payment by the debtor or his/her appointed agent

    Depending on the answers to the above may depend on how you need to deal with this

    - - - Updated - - -

    Just to add, once a ccj has been awarded they are under no requirement to supply you with documents or agreement and can take it back to court for enforcement . Enforcement could be one of several things ranging from a charging order if you own property and the debt is sufficiently large to instructing bailiff or again, if the debt is of a certain size, High court enforcement

    It really is in your interest to sort this out

    Comment


    • #3
      Re: Restons and Cabot and my apparent CCJ

      In answer to your questions warwick65, my initial advice was from a few different sources and all my letters have been polite and stating that I have recollection of this debt as I have never had a account with Lloyds bank, whom I apparently owe the debt to. My first realisation of this CCJ was when I checked my credit score about a year ago...I asked questions and obviously have since received all these demands from Restons.
      I have never received a claim form from Northampton County Court.
      I have consistently denied that I owe this debt and yes I have also said I do not owe it to Cabot or anyone else and I did write and say that if they bought it then it is their debt..
      The debt is to Lloyds bank and is over £8500
      I said the debt would be statute barred now as apparently was from around Oct 1999
      My worry as I said is how do I deal with the threat of Restons going back to court for a debt that is not mine to enforce this CCJ order...I'm about to move house and with a ccj already hanging over me it may cause issues with renting another property...

      - - - Updated - - -

      oop...no recollection of the debt

      Comment


      • #4
        Re: Restons and Cabot and my apparent CCJ

        When you checked your credit file and discovered a CCJ on there did you get any advice on applying to have the judgment by default set-aside by applying to the court ?

        Have you contacted the court at all (likely Northampton CCBC ) and asked them to provide you copies of the judgment/claim etc ?

        Is there a reason you may not have received the claim ? moved house between default and the claim date ?

        Stat barring would run from the date the debt was defaulted/ended rather than the date the account/agreement was started.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Restons and Cabot and my apparent CCJ

          Hi
          To add to what Amethyst wrote

          Could it be that you had an account with Halifax or bank of Scotland as they are all parts of the Lloyds banking Group

          The question to sort out firstly is, could this debt have been yours through some part of what later became Lloyds. If the answer is yes then I am afraid you would still owe the debt subject to provisos such as the Limitations Act

          Again as Amethyst has said , contact the court for copies of the judgement etc, - it could be that someone with the same birthday and name as you had a similar address and there has been a mix up.

          If you realise the account was yours then I am afraid that the sale to Cabot does not alter your liability - they buy the debt and you owe them.

          The reason I asked about GOODF was, they used to peddle an argument that once sold the debt was extinguished - if only that were true - I would be debt free

          Comment

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