Debt Collecters Threatening

outdriveman

Hi

Can anyone help?
My Partner has had a outstanding debt for a credit card which Cabot Financial are now in control of. We have not heard anything from them since Febuary I have sent them the letters that stating what they need to do before they can ask for money and havent heard anything until now. Cabot are asking to pay up or they are going to do one of the following,1 Warrant of Execution, 2 Charging Order, 3 Attachment of Earnings Order, 4 Order to Obtain Information , 5 External debt collection agency or Legal Agency.
Are they just blowing smoke or have they got the powers to do this?
I thought they would need a court order to do 1-4 ?
Can a Court Order be obtained with out my partner being informed ?
Is there any Chance that my Partner have a CCJ without her being informed?
Has Anyone else had a simmular letter?
The reason that my partner does not want to pay the debt is that 80% of it is charges and PPI.

Thank you in advance for any advice given.

Regards

costapkt

Have you asked Cabot for a copy of the CCA agreement ? Also have you tried to reclaim any charges ?

outdriveman

Hi
Thanks for your responce. Yes I have asked for the CCA they sent through a very poor photo copy which I could not read which I refused to accept as a true copy. In all honesty what they sent through was a joke. I have not gone down the road of reclaiming charges yet but I intend to when they come up with the correct paperwork from there end as per the CCA.
Thanks

thefoolonthehill

hi what did their letter say? did it state "we may consider the following..." If so I would guess they are trying to scare you into paying.

I am pretty sure they cannot get a court order of any sorts without informing you and the court would need to send you paperwork to sign

RAS

outdriveman wrote: »

Hi

Cabot are asking to pay up or they are going to do one of the following,1 Warrant of Execution, 2 Charging Order, 3 Attachment of Earnings Order, 4 Order to Obtain Information , 5 External debt collection agency or Legal Agency.
Are they just blowing smoke or have they got the powers to do this?
I thought they would need a court order to do 1-4 ?

Absolutely correct. and she would have several chances to argue or make an offer of installments along the way.

Can a Court Order be obtained with out my partner being informed ?

If you have moved since the debt was defaulted, it is not unknown for DCAs to send the court papers to the old address and then "find" you once the CCJ has been granted (at least the number of folk whose court papers go to the old address despite the DCA knowing the new address is stunning) .

You can however always demand the CCJ is set aside.

Is there any Chance that my Partner have a CCJ without her being informed?

She can check her credit records and anything in the last 6 years will show up.
Has Anyone else had a simmular letter?

Nearly everyone on here has had similiar letters
The reason that my partner does not want to pay the debt is that 80% of it is charges and PPI.

So she needs to get the claims in. Then she can challenge any court action on the grounds of the value of the debt owed.

Can you post the CCA or could you check whether it has the prescribed terms?

outdriveman

Hi

Firstly thank you all for your brillant advice.

My Partner and I have checked her credit report for any CCJ and she has none however what is interesting is that the debt is not listed on her Credit file? any ideas?
I have contacted the ombudsman and made a complaint. probably the wrong thing to do. but I just want to sort this mess up.

I cant read the copy of the agreement so can see the prescribed terms.

Thanks again for your advice

RAS

Hi

How old is this debt?

If your partner last paid anythign towards it over 6 years ago, it falls off her credit record AND legally she is no longer required to pay it.

Parliament, the Courts and the OFT consider it unfair to pursue a debt after this time and it is covered by the Statute of Limitiations, but they are only breaking the OFT rules if they contact her after she has told them that she is not paying.

outdriveman

The account was opened in 2005 so its not near the 6 year thing.
I was really suprised not to see it on her credit record.