Cabot and CCJ

[chalkstripe]

HI,

Not sure if this is the right place to post this. I have just discovered I have a CCJ from Cabot. It was issued in Aug 2016 and is for an Intelligent Finance Credit Card for £6k. I got divorced and moved around a lot and received a letter from Cabot at the address I now live it with my girlfriend asking me to contact them about paying the old credit card off. I sent a CCA request and they have responded saying I have a CCJ as above.

I am going to have to contact them to arrange some kind of payment plan. I currently have no income or assets following my divorce and live at the charity of my girlfriend in a house that she owns. I may however be in a position in the near future to offer them a substantial sum as F&F as I have been building a business for the last 2 years and should have some deals closing shortly.

My question is does anyone have any advice or experience of dealing with Cabot at this stage. I want to avoid any unpleasantness with bailiffs etc although as I have nothing they wouldnt get much of a result. Do I have any recourse if Cabot refuse to be reasonable and demand that i make monthly payments that I simply dont have the money to pay. I have heard that if they want to send bailiffs round they have to get a judge to approve that and I have the option to submit I believe its a N244 laying out what I can afford. I have always believed you cant be asked to pay what you dont have but would appreciate any advice here.

Thanks a lot for any input.

[R0b]

Re: Cabot and CCJ

You might want to consider making an application to set aside the CCJ and also having the claim stayed for a period of 1-3 months to discuss terms of settlement. If the CCJ is set aside, you could then re-issue a CCA request to which they must comply with and will also allow you an opportunity to put in a defence of non-compliance/unenforceability.

More information about the credit card would be helpful such as when it was taken out, last payment, when the debt was assigned etc. So there may be a chance that you could end up avoiding to pay anything but we would need to know the full circumstances of your case.

Did you update your address details when you moved around e.g. DVLA, electoral roll, credit reference agencies etc.

[chalkstripe]

Re: Cabot and CCJ

Thanks for your reply Rob.

The card was taken out in 2004 and I defaulted in 2011. I was making payments up until 2015 when I was going through my divorce so its not statute barred. I didnt keep anyone updated on my address changes as I moved around a fair bit and frankly it didn't really occur to me with my other life changes.

Could I still get the CCJ seat aside even a year and half later. I had thought you needed to do so in a sort period time. My defence would be that it may be unenforceable under CCA 78 but I didnt think you could do that.

Thanks a lot

[R0b]

Re: Cabot and CCJ

Credit cards are not my specialty so I can't help you on that but in terms of setting aside a CCJ you need to make it promptly after becoming aware of it. If you are suggesting you became aware 18 months ago the answer is probably going to be a definite no. But if you only became aware recently, then it is a possibility. The link below is a guide on setting aside a CCJ, have a read if it applies to you so at least you have some knowledge of how it works.

http://legalbeagles.info/forums/show...ailed-version)

[chalkstripe]

Re: Cabot and CCJ

thanks rob