Did I reset debt for a further 6 years

SBF79

Going to try and make this very quick.

2005 took out Aqua credit card. Defaulted on payments and last payment was made 5th July 2010. The sold the debt on.

In early 2015 got 'scary' letters from Restons. Over the years I received letters from Cabot, Restons and probably some others over the same debt, it was just being passed around. Never replied to any of them before until last year as Restons sent that letter from Northampton threatening me with a CCJ.

I honestly thought it was past the 6 years since last payment and was totally wrong. I replied to Restons saying it was statute barred, sent off the official templates etc, replied to the claim online etc. They sent me the photocopies of my original signed agreement, statements and stated it was 5/7/2010 when I last paid and was effectively NOT SB. they pushed me for £50 a month I sent off financial statement stating I could only afford £13 a month. They rejected in the form of saying I MUST pay £50 a month and payment will start on x date. I didn't correspond further and heard nothing from Restons again.

This has now gone back to Cabot Financial asking for settlement of the debt, letters in the standard payment like before. It's now over 6 years since I last made a payment on this, but as I was told it wasn't SB at the time in 2015 and offered a payment of £13 have I effectively set the clock back on this debt as starting from early 2015?

Where do I go from here?

sourcrates

Did you make this payment offer in writing ?

If so, then you may of restarted the clock yes, however Cabot may not be aware of that letter !!!

Re-send the SB letter and see how they respond.

SBF79

It was in writing. Sent directly to Restons at the time. When Restons sent the court claim form Cabot were listed on the form who they were working on behalf of. So chances are they may have this on file.

Hopefully not, but a chance they might.

Will resend the SB letter.

Thank you.

sourcrates

SBF79 wrote: »

It was in writing. Sent directly to Restons at the time. When Restons sent the court claim form Cabot were listed on the form who they were working on behalf of. So chances are they may have this on file.

Hopefully not, but a chance they might.

Will resend the SB letter.

Thank you.

It's all you can do really, there's always a chance it may not of been filed, these companies can be quite incompitant at times.

Stevie_Palimo

Just a thought but you could perhaps look at settling the debt you owe them instead of hoping it may disappear.

National_Debtline

Hi SBF79

SBF79 wrote: »

It was in writing. Sent directly to Restons at the time. When Restons sent the court claim form Cabot were listed on the form who they were working on behalf of. So chances are they may have this on file.

Hopefully not, but a chance they might.

Will resend the SB letter.

Thank you.

Unfortunately, if a CCJ was obtained in 2015 then the debt is not statute barred. The letter would've very likely reset the clock anyway, but the CCJ is more relevant.

If you don't make payments to the judgement as the court requested you are at risk of court enforcement, such as bailiffs or a salary deduction. I would suggest you vary the judgement with an N245 and make an offer of affordable payments to limit the risk of court enforcement. We have a factsheet on this to help you - https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx


Laura
@natdebtline

SBF79

Stevie_Palimo wrote: »

Just a thought but you could perhaps look at settling the debt you owe them instead of hoping it may disappear.

Not here for your passive aggressive response. Clearly stated in OP that I offered to make a payment, they rejected. Not about to go back and forth in the mail if they refused to look at my current finances. If it's SB it's SB. If it's not then wanted to know where I stand.

sourcrates

National_Debtline wrote: »

Hi SBF79





Unfortunately, if a CCJ was obtained in 2015 then the debt is not statute barred. The letter would've very likely reset the clock anyway, but the CCJ is more relevant.

If you don't make payments to the judgement as the court requested you are at risk of court enforcement, such as bailiffs or a salary deduction. I would suggest you vary the judgement with an N245 and make an offer of affordable payments to limit the risk of court enforcement. We have a factsheet on this to help you - https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx


Laura
@natdebtline

Well picked up, missed that little gem.

Have they issued a CCJ against you OP ?

SBF79

sourcrates wrote: »

Well picked up, missed that little gem.

Have they issued a CCJ against you OP ?

:undecided: Just went though my files and it looks like they did. Judgement for claimant at the top for 1st payment 16th Oct 2015.

This is what I received directly after (at their request) sending in a financial statement stating I could only afford £13 a month (I'm on income support, single parent and zero financial help from her father).

So now I know Restons issued a CCJ, why have they now passed it back to Cabot requesting me to call to arrange payment options like this CCJ doesn't even exist?

MrsTinks

Sooooo... just a thought... but did they provide you PROOF that you actually paid on 5/7/2010? It's not the first time some shuffling has happened. Do you KNOW when you last paid it before they chased this? Not based on their version of events...

Is there any way you can go back and check your statements or can you recall when you last thought you'd paid?

SBF79

MrsTinks wrote: »

Sooooo... just a thought... but did they provide you PROOF that you actually paid on 5/7/2010? It's not the first time some shuffling has happened. Do you KNOW when you last paid it before they chased this? Not based on their version of events...

Is there any way you can go back and check your statements or can you recall when you last thought you'd paid?

Restons provided proof. Sent a statement from Aqua and the last payment date was indeed 5/7/10.