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CCJ claim from Cabot - Please Help

Good morning moneysavers,

I'm hoping somebody would be kind enough to help me with the following problem.

Around 8 weeks ago, I received a letter out of the blue from Cabot Financial stating that they intended to apply for a CCJ for an outstanding debt of circa £500. I had no knowledge of said debt or Cabot Financial, so checked my Noddle credit report. It stated the debt was for a credit card (something I have never actually had).

As i'd never had a credit card, I sent a prove it letter in response to Cabot, which, as of yet, I haven't received a response to.

However, this morning I received a claim form from Northampton County Court saying Cabot had made a claim against me.

Firstly, I am absolutely positive that I have never had a credit card.

Secondly, after checking my credit report, the date of default is 04/01/2009.

My questions are as followed:
  1. What should I send as a response to deny this debt, what exactly should I write?
  2. If (by some miracle), this debt is mine, I assume that the debt may well be statute barred? If this is the case, can they still apply for a CCJ, should I include this in my response?

I really hope somebody can point me in the right direction here, I'm really worried now.

Thanks,

Annie

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    If you are disputing it is your debt then you don't want to be mentioning anything about it possibly being statute barred.

    I would just state that you have no knowledge of this debt and do not believe it is your debt. State that you wrote to the claimant on x date asking for details of the alleged debt but have received no response from them.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Thanks Tixy, will I then have further opportunity to respond if it is proven to be mine (something that I find impossible as previously said - never had a credit card)?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cabot Financial bought the debt from another financial institution or a company. Have you ever defaulted on any contractual arrangement?
  • Thrugelmir wrote: »
    Cabot Financial bought the debt from another financial institution or a company. Have you ever defaulted on any contractual arrangement?

    I have defaulted on an old bank account that I am currently disputing and an old catalogue a number of years ago.

    Thanks
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    it will be one of them then
  • It couldn't be the Bank Account as the dates do not match up.

    However, it's plausible that it could be the old catalogue. Could be a mistake on credit file showing this as a credit card?

    If it is the catalogue is there anything I can do?
  • DCFC79
    DCFC79 Posts: 40,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes you could offer to pay x amount a month or agree on a settlement. Do what Tixy suggested to see what the response is.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    You need to acknowledge the claim to give yourself more time, and then utilise the civil procedure rules etc to force them to cough up what exactly this is.

    Probably best to ask somewhere specialist on the hows of that such as here ---> Received a Court Claim?

    or the equivalent on CAG

    That way you can respond to the court from a position of knowledge, rather than at the moment just hopefully denying it and hoping for the best.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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