DLC/Cabot CCA request

Ntjk1979

DLC/Cabot CCA request response.
Today, 09:03:AM
Hi everyone,

i need some advice if possible.

I sent a CCA request to DLC for a debt to Black Horse Finance on the 7/7/18.

I have just recieved a response from Cabot stating that they do not need to supply the cca as the account was issued with a CCJ in March 2010. I do not recall any such CCJ for this account only a default, what should my next move be?

thanks in advance.

Willing2Learn

Hi Ntjk1979 and welcome to the forum

You can check whether there is a CCJ against you with trustonline. Cabot would need to apply to the court to enforce the CCJ. But since they have not tried to enforce the debt for eight years, the chances of getting permission from the court is probably quite low.

These are just my thoughts and I am not certain.

fatbelly

Trustonline records only go back 6 years so do not waste your money on that.

I presume Cabot are still trying to collect on this and you were trying to show it was unenforceable.

If you want to continue the letter tennis you write back and ask for the issuing court and the court reference.

Then you check with that court for the particulars of claim.

Ntjk1979

Thanks for the reply.

I was trying to show it was unenforceable to get a reduced f and f.

Do you think Cabot are just chancing their arm? They didn’t buy the debt until 2012.

Would you just ignore and see what else they send.

fatbelly

Ntjk1979 wrote: »

Thanks for the reply.

I was trying to show it was unenforceable to get a reduced f and f.

Do you think Cabot are just chancing their arm? They didn’t buy the debt until 2012.

Would you just ignore and see what else they send.

I'd probably do the research to check what they say is correct, then do the F&F anyway.

They are supposed to enforce a ccj within six years of getting it, so I don't think it'll make a lot of difference to them accepting an offer.

PixelPound

So Cabot did not request the CCJ then? As stated get the claim number and contact the court to confirm details. The CCJ can be enforced, they would just need to demonstrate a reason why they could not enforce within the six years, e.g. been abroad for a few years.

Ntjk1979

No Cabot did not request the CCJ neither did black horse as far as i can remember.

How should i word the letter requesting the CCJ information?

Thanks for all the help.

sourcrates

Ntjk1979 wrote: »

No Cabot did not request the CCJ neither did black horse as far as i can remember.

How should i word the letter requesting the CCJ information?

Thanks for all the help.

Hi,

No one just Requests a CCJ, they take legal action against you, there would of been a letter before claim, then a claim form, as it was not contested, a judgement in default was registered against you.

Black horse must of obtained judgement originally before Cabot became involved.

On purchace, Cabot assumed all rights and privileges of the original creditor, the court would want a very good reason as to why they have not enforced these rights within the last 8 years, after such a length of time, its unlikely they would be able to come up with one.

You can mention all this in your letter to them, you can ask for the judgement details, but really by now its an arbitrary point, hardly worth a mention, you do not say how much the debt is for, so fire your first salvo at around the 30-40% mark, and see what response you get.

fatbelly

If they can't evidence the ccj, and you haven't acknowledged the debt in the past six years then it's statute barred and you can use your money for something else.

So I think it's worth exploring just what this alleged ccj is.

Ntjk1979

Thanks guys.

I was paying through Payplan up until months ago. I have been made redundant but have some money which I want to get rid of debts with.

The debt is for £3750.

I was never issued a ccj by Blackhorse just a default