CCJ from Cabot/Restons from 2008

[aas8851]

Hi,

I have recently signed up to clearscore and viewed my file, I have noticed I have a CCJ dated back to 14/01/2015. I guess I will have had correspondence from the courts way back when but I have no recollection of that. Anyway i emailed the courts and they advised it was debt recovery agency Cabot and saying that restons are representing them.

The original debt was Lloyds TSB, which I do remember and being the overused 'young and daft' ended up defaulting.

I have certainly not acknowledged the debt or made any payments in the past 6 years.

I have been reading other similar posts and seeing a lot of great advice, but I am not sure what applies to me seeing as though the CCJ is so old.

The court have advised I can contact claimant to arrange payment plan or make a claim to 'set aside the judgement'

I have yet to do anything and thought it best to seek advice first.

So, thats why I am here, looking for any help.

[warwick65]

Re: CCJ from Cabot/Restons from 2008

Hi
If this is the first you have heard of it then maybe you would have a case to ask for a set aside however
Could there be a reason why you did not get the claim form , maybe you moved at some point

Can you remember what the debt was about, a credit card maybe or a loan or an overdraft?

If you are looking at Statute barred then the 6 years needs to be from the cause of action ( lets say for now the date of default - although that is questionable) and the date the claim was issued . As the CCJ is dated jan 2015 the date of issue would be around xmas 2014 , maybe early december because of the holiday period

Just how much os the CCJ and are they chasing you for it at the moment?

[aas8851]

Re: CCJ from Cabot/Restons from 2008

Yes I had moved around the time of the CCJ. They're not chasing this debt currently.

The amount is just over £4000 and was from back when I was a student. I had a £2000 overdraft which they informed me was about to end and I had to clear the balance. I told them I couldn't and they suggested a loan to cover.

Lon story short the talked me into a loan of £3000 and now the CCJ is for £4000+ which I assume is for charges and what not.

[warwick65]

Re: CCJ from Cabot/Restons from 2008

Hi
If the loan was 3000 then I guess the rest is made up of interest and charges

When was this loan opened can you remember?
I ask because it may make it easier to get and defend a set aside [MENTION=6]Amethyst[/MENTION]

[aas8851]

Re: CCJ from Cabot/Restons from 2008

Hi
If the loan was 3000 then I guess the rest is made up of interest and charges

When was this loan opened can you remember?
I ask because it may make it easier to get and defend a set aside [MENTION=6]Amethyst[/MENTION]

The court have indicated that the original debt was 'on or around September 2008'

[aas8851]

Re: CCJ from Cabot/Restons from 2008

So is my best course of action to try get this set aside?

[warwick65]

Re: CCJ from Cabot/Restons from 2008

If you believe you have a good defence then yes the next step would be to get a set aside. There are costs involved with a set aside and unless you believe you can defend it successfully then why waste money.

So the loan was around 2008, what was the term of the loan - it may be. Relevant for limitations .

I do have a feeling the debt may not have been statute barred if you are in England, loan Sept 2008 , even if no payments were made the DN may not have been issued until late 2008 or early 2009 so the claim may have been issued in the nick of time

As set aside only puts things back to when the claim was issued I believe
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] what do you think?