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Unenforceable loan with Cabot

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Maha12
Maha12 Posts: 26 Forumite
Cabot have written saying they can get a CCJ but cannot enforce it. This is because they cannot provide a copy of my credit agreement (HSBC loan bought by Cabot). Is this right? Presumably a CCJ will destroy my credit file even though they would not be able to send out bailiffs.

The debt goes back to 2003 and I was paying it on a repayment arrangement until last month, when Cabot write saying it is presently unenforceable.
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Comments

  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Yes, a CCJ will effect your ability to obtain further credit for 6 years from the date of last default.
  • Maha12
    Maha12 Posts: 26 Forumite
    Formal Default Notice was in 2012 (although on an arrangement to pay with hsbc since 2006!!!!). Would CCJ run from Default then, and not from date of the court order?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It will run from the date it was granted.
  • Maha12
    Maha12 Posts: 26 Forumite
    So it won!!!8217;t really n from date of default? Ok. That!!!8217;s a great pity. Life sentence.
  • Maha12
    Maha12 Posts: 26 Forumite
    Sorry:

    so it won!!!8217;t run from the date of default? Ok, that!!!8217;s a great pity. Life sentence :-(
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    No. Just 6 years.
  • Maha12
    Maha12 Posts: 26 Forumite
    Yes but on a payment plan since hit financial struggle 2006. And also don!!!8217;t know when Cabot will be granted order, so a large chunk of my life affected by this sadly. My fault borrowed money I couldn!!!8217;t repay.

    Was hoping unenforceability meant Cabot couldn!!!8217;t get a CCJ. Disappointing.
  • Maha12
    Maha12 Posts: 26 Forumite
    Might the fact that the original debt was a merger in 2006 of a loan from 2003, a credit card and an overdraft held with hsbc make any difference to defending against a ccj application by Cabot? Obviously the default date doesn!!!8217;t.

    I have been looking at others forum and they say unenforceability means I should stop paying. But they are clearly wrong because of the CCJ implications
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    If you have been acknowledging the debt (paying something each month) then I am not sure if it is unenforceable.

    You could stop paying and see what happens - see if you can reach a full and final settlement.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    For gods sake - actually research what a CCJ is.
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