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Cabot CCJ Threat for very old debt

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  • Cabot CCJ Threat for very old debt

    Hi All,

    just had letter off CaboyCabot for an old Welcome Finance loan.

    I defaulted on this loan around 7/8 years ago. Cabot late last year out of the blue startes sending letters and harassing my parents by phone (where I used to live 5 years ago)

    If ive already had a default from Welcome can Cabot now issue a ccj all these years later?

    Thanks
    Tags: None

  • #2
    Re: Cabot CCJ Threat for very old debt

    Hi Welcome to LB.

    Cabot as a debt purchaser cannot put a default on credit files, Welcome would have done this and the default date cannot be changed,

    What we need to know was when was the debt defaulted, when did you last make any payment or acknowledge the debt?

    Does this account show on your credit reference files? Check Noddle it's free on line.
    Can you please post a redacted copy of the letter from Cabot here?

    Welcome has a nasty habit of only defaulting accounts just before selling off accounts so the information requested above is very important.

    Send a CCA request to Cabot to get a copy of the agreement, there is a £1 statutory fee to pay use a cheque or Postal order clearly endorsed " For Statutory Fee Only" Cabot has 12 + 2 Working Days to comply, use the template in the forum library for this.
    Send by signed for post.
    #
    nem

    Comment


    • #3
      Re: Cabot CCJ Threat for very old debt

      Hi Nemesis,

      Firstly thank you for replying.

      I had the loan with Welcome years ago, I had default notice from them and payment plan was in place with them. I continued to make payments, but I had to reduce them. For literally 2 years I paid £1 per calendar month direct to Welcome finance. The very last payment was 31/01/2014 for £1.

      I subsequently stopped the £1 payments and heard nothing from Welcome, I assumed as they'd defaulted this account at least 7 years ago they had given up on it. I've registered for Noddle and there is no record of this default on my file from Welcome, I assume this is because it's over 6 years since the default date.?

      There is also no record of Cabot on my credit file?

      The letter from Cabot is as follows

      "Important Notice

      After repeated attempts to contact you we are forced to conclude that there is no prospect of a reasonable repayment plan being put in place and the above debt (£3259.59) remains outstanding. As a result, we have taken the decision to take legal action against you to recover this outstanding debt.

      Currently it is our intention to instruct a solicitor to issue court proceedings against you to seek a CCJ. You would be able to submit a defence to any claim made which the court would consider, but if a CCJ were subsequently awarded by the Court it would typically be registered on your credit file for 6 years and would specify how you must pay the judgement debt. If you were to fail to make payment in accordance with the CCJ we would then be entitled to apply to the Court to enforce the CCJ by whichever is appropriate of

      Attachment of Earnings oRder, if you are employed
      Charging order to secure the debt agianst your property, if you are a home owner; or
      An alternate enforcement method appropriate to your circumstances

      The Court would consider the application and any representations you mkae, which for some enforcement types would be at a hearing, and would decide whether to grant the enforcement order applied for. If the Court were to grant the enforcement order it could also order you to pay Court and solicitors fees arising from some or all of the legal action.

      It is essential that you take this situation seriously and get in touch with us urgently on 0333 123 9999 to discuss options available to you. We may be able to help if you are having financial problems, and it is important that you get in touch. If an agreeable repayment plan is not reached within 7 days of the date of this letter we will proceed with the above course of action."

      I've never spoken to Cabot, they used to ring the number they had at my parents address. I've ignored all letters as I couldn't see what action they could take seeing as this defaulted so long ago.

      What is my best plan of action? I don't want to encounter a CCJ.

      Thanks for your help.

      Comment


      • #4
        Re: Cabot CCJ Threat for very old debt

        Hi, the debt is clearly not statute barred as the last payment was made just over a year ago.
        Also ignoring all the letters was a big mistake.
        The debt may well have been defaulted years ago and removed from credit file on the 6 th. Anniversary of the Default date (Paid or Not).
        The last payment made restarted the 6 year clock on the date it was made.
        Cabot cannot place another default on the files.
        You say you " received a default notice" from Welcome and entered into a repayment schedule with them, my guess is that no default was placed at that point and was probably placed just prior to the sale of the debt to Cabot.

        Whichever way one looks at this you have two choices make a proposal to Cabot, or wait for the court claim and defend although on what you would base a defence at the moment I do not know.
        You have played into Cabots hands.

        I'll as someone to take a look as well.
        nem

        Comment

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