Cabot finance and Orbit - Old CCJ debt

[MissHB]

Hi

Please can someone help me. I had a lot of debt many years ago when I was very mentally unwell. I had a CCJ against me under Cabot (2014) which I paid for a while then became unwell again and couldn't pay. Out of the blue they sent a letter from Mortimer Clark to say they were closing my case with no further action. However Cabot then started sending letters chasing the debt, calling multiple times a day and increased letters. I've ignored all of this. Today I've had a letter to say they are sending Orbit to my home within 7 days unless I contact them. I know with a Ccj over 6 years old they would need to go back to court. What should I do? I feel physically and mentally unwell at the thought of them turning up at my home. I have around £800 I could offer them should I do this? The debt is around £30k so seems unlikely. Although a lot of that is interest as the original debt was £18k. Can I send them the harassment letter telling them not to visit my home? (I found this on another website) any help would be appreciated thanks

[echat11]

Hi MISSHB

Welcome to LB

Stay calm, debt collectors have no powers.

a) Out of the blue they sent a letter from Mortimer Clark to say they were closing my case with no further action.

Have you got the letter?

b) However Cabot then started sending letters chasing the debt, calling multiple times a day and increased letters. I've ignored all of this.

You could write to them, make sure you get Proof of Postage - https://www.citizensadvice.org.uk/de...n't%20stop.

c) Today I've had a letter to say they are sending Orbit to my home within 7 days unless I contact them.

You can amend the following letter, email it to Orbit and also put it into an envelop just incase they visit, if they do, just hand them the envelope.

https://nationaldebtline.org/sample-...sment-warning/

d) I know with a Ccj over 6 years old they would need to go back to court. What should I do?

They would have to go back to Court, but would have to have a good reason why they didn't go to Court sooner, likelihood it won't be granted.

e) I feel physically and mentally unwell at the thought of them turning up at my home.

Debt collectors have no powers.

f) I have around £800 I could offer them should I do this?

No don't offer anything, you had a letter that the matter was closed.

g) The debt is around £30k so seems unlikely. Although a lot of that is interest as the original debt was £18k. Can I send them the harassment letter telling them not to visit my home?

Yes, as above.

[MissHB]

Hi

Thank you for your reply and help.

I have just found the Mortimer Clark letter, sorry I haven't put the right info on here from the letter: it states we have been instructed by our client to close your account

your account has been referred back to our client and your debt remains outstanding. Our clients agent will be in touch. Since this letter Cabot have added around an additional £10k to the debt.

Does this letter change any of your advise, really appreciate you taking the time to help me.

[echat11]

Hi

Thank you for your reply and help.

I have just found the Mortimer Clark letter, sorry I haven't put the right info on here from the letter: it states we have been instructed by our client to close your account

your account has been referred back to our client and your debt remains outstanding. Our clients agent will be in touch. Since this letter Cabot have added around an additional £10k to the debt.

Does this letter change any of your advise, really appreciate you taking the time to help me.

No the advice is the same, if they want to do anything with the CCJ, they will need to go to Court, the likelihood of them succeeding is very low.

Don't pay them anything, don't speak to them over the phone and communications in writing only.

Update the thread.

[MissHB]

Hi

thanks again for your advise. Do I acknowledge I owe them the money and attach a doc with my outgoings etc? I can't deny I owe the money as it's a ccj and I was paying it for a long time. And do I say anything about the fact they have added on an additional 9.5k for no reason?

Thanks again

[echat11]

Hi

thanks again for your advise. Do I acknowledge I owe them the money and attach a doc with my outgoings etc? I can't deny I owe the money as it's a ccj and I was paying it for a long time. And do I say anything about the fact they have added on an additional 9.5k for no reason?

Thanks again

The first thing to do is write to Orbit, they should pass the account back to the Creditor.

Then raise a dispute regarding the amount owed to the Creditor.

Send a Subject Access Request to the Creditor, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Once you find out what is what, then you can consider paying a monthly amount by filling in a I / E form, if it's £1 a month, so be it. Just keep a I / E form ready, take into account the 'Cost of Living', energy, food etc.

[MissHB]

Ok thank you. I can't fine an email address for orbit, have googled but no luck finding one so I guess I will have to post which may not get to them within 7 days. In their letter Cabot haven't added any of orbit's details

If I start repaying the debt does it appear back on my credit report?

[echat11]

Ok thank you. I can't fine an email address for orbit, have googled but no luck finding one so I guess I will have to post which may not get to them within 7 days. In their letter Cabot haven't added any of orbit's details

If I start repaying the debt does it appear back on my credit report?

A) I can't fine an email address for orbit, have googled but no luck finding one so I guess I will have to post which may not get to them within 7 days. In their letter Cabot haven't added any of orbit's details

Message them for an email address or you could copy paste the letter into the message box, see if it accepts it.

https://www.orbitservices.co.uk/#contactus_section

B) If I start repaying the debt does it appear back on my credit report?

No, it shouldn't.

[MissHB]

Hi

thanks again for you advise. I sent the letter on the orbit website using the link you sent and have received this response


Thank you for your email.

Your account is only worked by our field agents, they will attend your property and ask you to call Cabot.

As you have requested you want everything in writing I would advise you contact Cabot directly to resolve your account.

I have returned your account back to them today.

Thank you,

What should I do now? Any advise would be most grateful.

thanks

[echat11]

O.K. so the account has been returned to Cabot.

Do you want to dispute the amount owed with Cabot, i.e. the interest etc and raise a Complaint?

[MissHB]

Hi

Apologies I am only just replying to this thread, one of my family passed away very unexpectedly and it's been a difficult few months. Because of this I haven't done anything else since last posted.

Latest update is I had a letter from Cabot stating words along the lines of welcome back to us, we look forward to hearing from you etc etc. On Thursday I had a few calls from a number I didn't recognise, googled it and it said it was a scam for Resolvecall. I then got a txt stating "your account has been passed to us for a home visit" to prevent please visit and a link attached. I haven't clicked it and I have blocked them. Wondering what I should do next?

I've been thinking about this a lot, why they've popped back up now when k didn't hear from them for around 3 years, why have Mortimer Clark closed my account, does that mean they know they have lost their opportunity to legally make me pay etc? I've also been reading up on here about them applying for attachment of earnings order, am I right in thinking they would have had to have done this within 6 years of the ccj? And what about going back to court to enforce CCJ. Just feeling regretful and blaming myself for firstly not knowing there were forums like this who could offer help and advise, my mental health has been a big factor in how I've dealt with this.

I could afford to pay them a minimal amount, should I do this? Or not pay anything as they can't legally do anything? My concern over paying them is my income isn't stable, for example I've been off work since February so no income and will I then get into further issues when I can't pay? Any help would be appreciated. There is a part of me that thinks I've actually paid you more then the original debt so in my head I've paid my dues however I know that's not the reality as they've whacked on so much interest. There also remains the issue of them adding on an additional 9.5k!

[echat11]

Hi

Apologies I am only just replying to this thread, one of my family passed away very unexpectedly and it's been a difficult few months. Because of this I haven't done anything else since last posted.

Latest update is I had a letter from Cabot stating words along the lines of welcome back to us, we look forward to hearing from you etc etc. On Thursday I had a few calls from a number I didn't recognise, googled it and it said it was a scam for Resolvecall. I then got a txt stating "your account has been passed to us for a home visit" to prevent please visit and a link attached. I haven't clicked it and I have blocked them. Wondering what I should do next?

I've been thinking about this a lot, why they've popped back up now when k didn't hear from them for around 3 years, why have Mortimer Clark closed my account, does that mean they know they have lost their opportunity to legally make me pay etc? I've also been reading up on here about them applying for attachment of earnings order, am I right in thinking they would have had to have done this within 6 years of the ccj? And what about going back to court to enforce CCJ. Just feeling regretful and blaming myself for firstly not knowing there were forums like this who could offer help and advise, my mental health has been a big factor in how I've dealt with this.

I could afford to pay them a minimal amount, should I do this? Or not pay anything as they can't legally do anything? My concern over paying them is my income isn't stable, for example I've been off work since February so no income and will I then get into further issues when I can't pay? Any help would be appreciated. There is a part of me that thinks I've actually paid you more then the original debt so in my head I've paid my dues however I know that's not the reality as they've whacked on so much interest. There also remains the issue of them adding on an additional 9.5k!

Sorry for your loss.

a) Latest update is I had a letter from Cabot stating words along the lines of welcome back to us, we look forward to hearing from you etc etc. On Thursday I had a few calls from a number I didn't recognise, googled it and it said it was a scam for Resolvecall. I then got a txt stating "your account has been passed to us for a home visit" to prevent please visit and a link attached. I haven't clicked it and I have blocked them. Wondering what I should do next?

You know that Cabot has to go back to Court, if they want to follow through with the CCJ from 2014. They would have to explain why they have left it so late.

You could consider sending the following template to Cabot and Resolvecall.

Amend the letter so that it reads 'collect the alleged debt'. Also write 'Without Prejudice' at the top.

https://www.nationaldebtline.org/sam...sment-warning/

b) I've been thinking about this a lot, why they've popped back up now when k didn't hear from them for around 3 years, why have Mortimer Clark closed my account, does that mean they know they have lost their opportunity to legally make me pay etc? I've also been reading up on here about them applying for attachment of earnings order, am I right in thinking they would have had to have done this within 6 years of the ccj? And what about going back to court to enforce CCJ. Just feeling regretful and blaming myself for firstly not knowing there were forums like this who could offer help and advise, my mental health has been a big factor in how I've dealt with this.

Mortimer Clark probably couldn't see a way forward in the case. Cabot would have to go back to Court to do anything.

c) I could afford to pay them a minimal amount, should I do this? Or not pay anything as they can't legally do anything? My concern over paying them is my income isn't stable, for example I've been off work since February so no income and will I then get into further issues when I can't pay? Any help would be appreciated. There is a part of me that thinks I've actually paid you more then the original debt so in my head I've paid my dues however I know that's not the reality as they've whacked on so much interest. There also remains the issue of them adding on an additional 9.5k

As you say, your income isn't stable, there's a 'cost of living crisis', don't pay anything as it might make your situation difficult. If Cabot were minded to do anything with the CCJ, they should have done it a long time ago. All they can really do is the ResolveCall nonsene.

[MissHB]

Hi

Thank you for this advise, it's really helpful and reassuring. I've drafted a letter to Cabot and resolve all but held off sending as wanted to see if anything turned up in the post.

I have now had a letter from Resovecall and it's nothing to do with Cabot, it's for a statue barred debt from 2010 with Lloyds bank. It was with a company called Capquest. Around 2.5yrs ago I sent them a letter (as advised on here) stating it was statue barred and to provide evidence or leave me alone. They have now sold the debt onto resolvecall. I haven't acknowledged or paid anything however Lloyds bank apparently owed me some money and instead of sending to me used it to pay of some of this debt (it's around £4K & the payment was around £165). Does this payment restart the 6 year timeframe? I didn't make this payment or acknowledge it and knew nothing about it until Lloyds send it. The letter telling me about it was from capquest who worded it in such a way it was suggesting the 6 year timeframe had restarted however after sending the letter I've heard nothing. Should I send resolve call the same statue barred letter? Thanks for any advise

[echat11]

Hi

Thank you for this advise, it's really helpful and reassuring. I've drafted a letter to Cabot and resolve all but held off sending as wanted to see if anything turned up in the post.

I have now had a letter from Resovecall and it's nothing to do with Cabot, it's for a statue barred debt from 2010 with Lloyds bank. It was with a company called Capquest. Around 2.5yrs ago I sent them a letter (as advised on here) stating it was statue barred and to provide evidence or leave me alone. They have now sold the debt onto resolvecall. I haven't acknowledged or paid anything however Lloyds bank apparently owed me some money and instead of sending to me used it to pay of some of this debt (it's around £4K & the payment was around £165). Does this payment restart the 6 year timeframe? I didn't make this payment or acknowledge it and knew nothing about it until Lloyds send it. The letter telling me about it was from capquest who worded it in such a way it was suggesting the 6 year timeframe had restarted however after sending the letter I've heard nothing. Should I send resolve call the same statue barred letter? Thanks for any advise

a) Yes, send the statute barred letter, you'll know exactly what is going on with the account, especially how they deem the £165 which you were unaware of. Make sure you get Proof of Postage.

https://legalbeagles.info/forums/for...ed-debt-letter

b) Depending on their response, a CCA request for the Lloyds account needs to be sent.

c) It's a payment to the account, but not a payment you made. So, I don't think it restarts the clock.

[MissHB]

Hiya

Thanks for all of this.

I have sent the letters as advised however despite this have just had a visit from resolvecall, I didn't answer the door, they put a calling card through the door. Wher should i
do? Should I contact them again? Or report them to the FCA? Thanks