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CCJ's - Cofusion

Hi there


Hoping someone can help


I have had a letter from Cabot Financial saying they want an attachment of earnings for a debt I supposedly had in an old married name. I had no contact about this for years then all of a sudden this comes through my door


I think its statute barred but apprantly they have a CCJ applied for 8 days before the 6 years ran out and issued a month after the 6 year date. I cannot find anywhere on my credit file or the national register of CCJ's a CCJ being registered. I have had no letters or correspondence either so im really confused and worried as the bailiff is sending me letters for the attachment of earnings.


Help :)

Comments

  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who did you check your credit file with ?
  • Noddle Experian and clearscore and the trustonline
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Well, the county court won't instruct people to do that if there is not judgement.

    I would contact the court involved to ask for details.

    Many CCJ are obtained using out of date addresses/details, which are then updated and people only hear about them at times like this.
    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
  • I will contact the court directly as the solicitors firm that contacted me initially have not been responding
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi there,

    I have had a letter from Cabot Financial saying they want an attachment of earnings for a debt I supposedly had in an old married name. I had no contact about this for years then all of a sudden this comes through my door

    I have had no letters or correspondence either so im really confused and worried as the bailiff is sending me letters for the attachment of earnings.


    Try not to worry - Cabot Financial are not a bailiff firm, they are a debt collector. They have no right to enter your home or repossess anything. Realistically they are just going to write and/or call you with regard to this.


    And Fermi is right, there can be no bailiffs or attachment of earnings order unless there is a judgement. Call the court to try and find out more (assuming they have provided you with a case reference number)?


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Hi there,





    Try not to worry - Cabot Financial are not a bailiff firm, they are a debt collector. They have no right to enter your home or repossess anything. Realistically they are just going to write and/or call you with regard to this.


    And Fermi is right, there can be no bailiffs or attachment of earnings order unless there is a judgement. Call the court to try and find out more (assuming they have provided you with a case reference number)?


    Laura
    @natdebtline

    Thank you - I have written asking for a copy - I have never had anything from anyone about this and as I can't find it registered anywhere it made me more confused - the attachment of earnings letter has judgment debtor crossed out - what does this mean?
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Thank you - I have written asking for a copy - I have never had anything from anyone about this and as I can't find it registered anywhere it made me more confused - the attachment of earnings letter has judgment debtor crossed out - what does this mean?


    Unfortunately, it is not clear what this could mean. If it is possible that this is a genuine attachment of earnings form that has been issued to you - if it is then you must respond (even if you didn't get details about the original CCJ).


    I assume the paperwork that Cabot Financial has sent you details the name of the court and the case reference. Call the court, quote your reference and ask them to confirm what stage of action this debt is at. Then I would suggest you call one of the free debt charities for more advice.


    I don't want to worry you, but failure to reply to an attachment of earnings order application within 8 days can mean you are held in contempt of court (this is one of the very rare occasions when there is a possible risk of imprisonment for non compliance). You need to check this out in more detail. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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