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Cabot Financial Chasing Debt

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Hi,

Cabot are chasing a debt that was taken out back in 2001 and to be honest I completely forgot about it as I moved away for a while due to family problems. I have emailed them a SB letter and they have sent a letter back stating that the account defaulted in 2002 and that I made payments until 2005. Which I can’t remember. They say in the letter that they became the legal owners of the debt in 2007 and that in 2010 a CCJ was obtained. I don’t recall having a CCJ for this debt although I also don’t remember looking at my credit file.

My credit file is clean and has been now for about 2-3yrs so how do I stop these parasites chasing me for a debt that’s 17yrs old?

Any help would be greatly appreciated.
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Comments

  • Tell them the debt is Statute Barred and to stop chasing you or you'll go to the ICO.

    Even if you did make payments in 2005, the debt is still Statute Barred
  • Thank you for your reply but in that same letter that they sent me Cabot state that when legal action is taken eg a CCJ that an account will not become Statuate Batred now or in the future.
  • That's correct - hence you need to find out if they did get a CCJ.
  • Ok so I just done a check on the web site and no records found at all on a CCJ.

    Considering that I’ve already sent them a SB letter already and had the reply from them as in my first post could you point me in the right direction of how to get them off my back please? I don’t even know who ICO are to be honest as sovereign never had anything like this before so please bear with me.

    Many thanks
  • Oh and no I don’t know what court, if any, gave the CCJ as Cabot have said that the CCJ was issued 3yrs after they took the over the account.
  • fermi
    fermi Posts: 40,542 Forumite
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    Demand that they provide evidence of the CCJ, including the court name, court reference number, date, and address the original claim forms were sent to.

    Tell them that this is now a formal complaint, and until they provide evidence of the the CCJ you will consider the debt to be statue barred.

    Also remind them that even if a CCJ exists, they would now need permission from the court to enforce it, which you would oppose.
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  • xpc wrote: »
    I think you need to find out if a CCJ was actually obtained, I believe you can try and contact the court if you know which dealt with it. Other than that you can search the register here - http://www.trustonline.org.uk/index.php/search-yourself. But there is a fee, it is £6 to search just for a CCJ in England and Wales.

    If there is no CCJ then continue down the statue barred route.
    Art1972 wrote: »
    Ok so I just done a check on the web site and no records found at all on a CCJ.
    Hi, if memory serves me correctly, TrustOnline only hold records for six years (same as the CRAs). Since your alleged CCJ is older than six years, I don't think it would come up on one of their searches

    Get Cabot to supply you with evidence of the CCJ.
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  • Art1972
    Art1972 Posts: 17 Forumite
    Sixth Anniversary
    [Demand that they provide evidence of the CCJ, including the court name, court reference number, date, and address the original claim forms were sent to.

    Tell them that this is now a formal complaint, and until they provide evidence of the the CCJ you will consider the debt to be statue barred.

    Also remind them that even if a CCJ exists, they would now need permission from the court to enforce it, which you would oppose./QUOTE]

    Thank you very much for your reply and is there a generic letter for this or just make one up? I will keep everyone updated on how this goes as I’m beginning to think they are chancing their arm but we’ll see.
  • Just write your own letter.

    Templates tend to say 'I don't know what I'm doing but I hope this letter I don't really understand will get me out of trouble. Please don't call my bluff."
  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    1,000 Posts Combo Breaker
    !!! wrote: »
    Tell them the debt is Statute Barred and to stop chasing you or you'll go to the ICO.

    Even if you did make payments in 2005, the debt is still Statute Barred
    Not if there's a CCJ. OP needs to find this out.
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
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