Cabot CCJ

[robbo27]

I have been receiving letters weekly in the last month from Cabot Financial now Marlin regarding two outstanding credit card and a loan dating back nearly 6 years. The letters have now progressed to saying I have 7 days to ring them if not they will take litigation action against me. It also outlines that I would have a CCJ etc.

I'm in a grey area because I believe its just before statute of limitation occurs- so they must be trying to enforce this before the 6 years. What are my options?

Thanks
Pete

[Mineral1]

Re: Cabot CCJ

Hi.... You need to post up the details of the claim ie Amount being chased, date defaulted who the original debt was with. Make sure if you post up any documents eg debt collection agency letters you remove all personal info name,address, account numbers.... :tongue2:

[nemesis45]

Re: Cabot CCJ

Hi, If your not sure when this debt becomes statute barred try checking your credit files, it shows the default date on the debt which can be useful in determining when SB will ocurr.
SB in England and Wales = 6 years no payment or written acknowledgment of the debt and no county court claim issued.

nem

[robbo27]

Re: Cabot CCJ

Experian doesn't show any of these credit cards on my files.

[nemesis45]

Re: Cabot CCJ

Well that's a good start, more than 6 years elapsed since the account was defaulted, last payment poss up to 6 months prior.
Do you know when this was defaulted?

[robbo27]

Re: Cabot CCJ

Are you saying because this Loan and credit card don't show up on my credit file they have become statute barred. Because there is no record of most of them. I have one CCJ from 3 years ago and a default showing up which appears to be RBS.

Can i see somewhere when they came off?

[robbo27]

Re: Cabot CCJ

Are you saying because this Loan and credit card don't show up on my credit file they have become statute barred. Because there is no record of most of them. I have one CCJ from 3 years ago and a default showing up which appears to be RBS.

Can i see somewhere when they came off?

[robbo27]

Re: Cabot CCJ

This is the latest from Cabot/Marlin.


Marlin Financial Service

22/01/2015
Original Creditor : Sainsburys
Current Creditor: Cabot Financial Services
Outstanding balance xxxxx

IMPORTANT NOTICE

The above creditor has confirmed that there is no reasonable repayment plan and the above debt remains outstanding.We are now in the process of advising our client to take Litigation action against you to recover the outstanding debt.
Currently it is our intention to instruct a solicitor to issue court proceedings against you to seek a County Court Judgement. You would be able to submit a defence to any claim made which the Court would consider, but if the CCj were awarded by the court it would be registered on you rcredit file for 6 years and would specify how you must pay the judgement debt.
etc

If an agreeable repayment plan is not reached within 7 days of the date of this letter we will advise our creditor to proceed with the above course of action.

I have one for the Halifax as well which is a step behind with Marlin after several letter from Cabot

Marlin Services
Original Creditor Halifax credit card
Current Creditor Cabot

Notice of Change

Cabot Financial uk have now instructed us in the recovery of your account and you need to call us to discuss your circumstance and agree how your account will be paid. You will be able to amek payment by installments of amounts that you can reasonably afford.

Blah blah


What should i do now ? As i said previously nothing is on my credit file.

[nemesis45]

Re: Cabot CCJ

All defaulted accounts are removed from CRA files on the 6th anniversary of the default date paid or not.
What is the CCJ for?

[robbo27]

Re: Cabot CCJ

All defaulted accounts are removed from CRA files on the 6th anniversary of the default date paid or not.
What is the CCJ for?

The CCJ is for a credit card i think. It went to my last address the details, then i found out about it 2 years ago and asked to fill in some forms as my income was low, i never heard back. Its now 4 years old. I also have a defaulted current account on my file for 2k which must be an overdraft.

The Marlin situation what do i do with regards there intention of court ?

[nemesis45]

Re: Cabot CCJ

All defaulted accounts are removed from credit files on the 6th anniversary of the default paid or not and cannot be put back.
What is the CCJ for please?

A Subject Access Request under the Data Protection Act 1998 to Sainsbury Bank to get all the personal data held on you should help with default date and last payment.

There is a £10 statutory fee to pay (cheque or postal order endorsed " for statutory fee only") Sainsbury has 40 days to comply.

Template in the forum library for this.

A CCA request to Marlin ( same group of companies as Cabot) for a copy of the agreement for the loan and CREDIT CARD,

You will have to pay 2x£1 statutory fees Marlin have 12 +2 Working days to comply, after which the debt is unenforceable if they cannot supply the documents and remains so until Marlin can comply.

nem

[nemesis45]

Re: Cabot CCJ

See my last post ( lost internet connection and could not finish the post).

On the SAR list all previous addresses.

nem

[robbo27]

Re: Cabot CCJ

Which CCA should i use. Should this be sent to Marlin or Cabot? Marlin has an email address which they say i can use...should i mail it to them?

[nemesis45]

Re: Cabot CCJ

You want an agreement for the loan and one for the credit card, e-mail is not an option as the fees have to be paid.
Send to Marlin as it is now acting on behalf of Cabot.

nem

[robbo27]

Re: Cabot CCJ

Thanks nem
Sorry to be a pain which template should i use and who do i make the postal order out to?
I take it i put the original credit card account on it rather than marlins reference?

best
p